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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/10 17:39
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Chapter Law Content

CHAPTER II: CONSERVATION OF WILDLIFE
Article 5
Major Wildlife Habitats per Article 8 of the WCA are defined according to one of the following:
1.Wildlife habitats of Protected Species;
2.Wildlife habitats of high species diversity and quantity;
3.Wildlife habitats with little human interference and difficult to recover once damaged;
4.Other wildlife habitats with special ecological characteristics.
Major Wildlife Habitats are classified as following:
1.Marine ecosystems;
2.Estuary ecosystems;
3.Swamp and marsh ecosystems;
4.Lake ecosystems;
5.River ecosystems;
6.Forest ecosystems;
7.Farmland ecosystems;
8.Island ecosystems;
9.Combinations of the above-mentioned ecosystems;
10.Other ecosystems.
Article 6
In accordance with Article 8, Paragraph 2 of the WCA, application for land utilization or development activities in Major Wildlife Habitats shall be made to the municipal or county (city) Authorities with provision of the following documents:
1.Name and address of developer, if the developer is an artificial person or organization, their name or business or office and representative or manager's name, address and citizen's identification card number shall be included;
2.Name and location of the development activities;
3.Purpose and content of the development activities;
4.Possible impact on the current environment by the development activities;
5.Prediction of potential impact of the development activities on the ecological environment;
6.A remedy strategy or replacement plan for the ecological environment;
7.Other information required by the NPA or municipal or county (city) Authorities.
The above-mentioned application shall be evaluated by the municipal or county (city) Authorities and submitted to the next higher authority and so on up to the NPA for final approval before an application to the relevant target business authorities.
Article 7
In reference to above Article 6, the land utilization or development activities which require an Environmental Impact Assessment according to Article 8, Paragraph 1 of the WCA, the criteria and implementation shall be carried out in accordance with the Environmental Impact Assessment Act.
Article 8
In reference to Article 8, Paragraph 3 of the WCA, existing facilities, land utilization or development activities are those in progress or already complete prior to the announcement of the type and boundaries of Major Wildlife Habitats by the NPA.
Article 9
In reference to Article 8, Paragraph 3 of the WCA, if the existing facilities, land utilization or development activities may cause any significant impact on wildlife in the area, the municipal or county (city) Authorities shall immediately begin an initial investigation. In the case of emergency situations, proper measures shall be taken and a report shall be made to the NPA.
The municipal or county (city) Authorities may commission their affliated agencies, other agencies or organizations to complete the investigation with provision of the following documents and reported to the NPA:
1.Owner, user, or occupant and target business authority of the existing facilities, land utilization or development activities;
2.The impacted area's location boundary, surface area and position map;
3.Present situation regarding the existing facilities, land utilization or development activities, etc.;
4.Basic information on wildlife within the area, present situation of affected wildlife and reasons for impact;
5.Provision of feasible method for improvement;
6.Other information required by the NPA.
Article 10
In accordance with Article 8, Paragraph 4 of the WCA, after the NPA announcement of the establishment of a Major Wildlife Habitat, all municipal and county (city) Authorities shall inform the owners of the land, land users or occupants of announcement, as well as explain the land utilization method, restrictions and application process for development utilization of the land.
When the NPA plans to establish a Major Wildlife Habitat, the municipal and county (city) Authorities may provide to the NPA information on potential Major Wildlife Habitats' habitat type, location maps, information on landowners, users or occupants, as well as current land use information. The above information may also be provided to the NPA for any change.
Article 11
In accordance with the improvement method called for in Article 8, Paragraph 3 of the WCA and the rehabilitation plan called for in Article 9 and Article 13, Paragraph 1 of the WCA, the following information shall be included:
1.Species of wildlife, amount and its reproduction environment and habitat condition;
2.Reason for serious impact or damage;
3.Types of feasible improvement methods or rehabilitation plans;
4.Planned time frame for completion;
5.Any other relevant items.
Article 12
The municipal or county (city) Authorities, in accordance with Article 10, Paragraph 1 of the WCA, Wildlife Refuges may be divided into Central Zones, Buffer Zones and Sustainable Utilization Zones. Conservation plans for Wildlife Refuges shall be drafted accordingly.
Before establishing a Wildlife Refuge, the municipal or county (city) Authorities shall consult the appropriate government agencies and also provide a Wildlife Refuge conservation plan description and charts to the NPA for approval.
The plan shall include the following information:
1.Origin of the plan, location boundary, purpose and geographical planning map;
2.Plan area situation and special characteristics;
3.Division plan, protection and utilization restrictions, etc.;
4.Manpower and budget required for implementing the plan;
5.If there was a public meeting, minutes of the meeting shall be included;
6.Other required information.
Article 13
For establishment, modification or elimination of a Wildlife Refuge, the municipal or county (city) Authorities where the Wildlife Refuge is located shall make a public announcement and after announcement, details shall be sent to the related county (township, city, district) governments and put on display. The announcement shall be displayed for at least thirty days. Local Authorities shall retain carefully of descriptions and photographs for future reference.
The above public announcement shall include location, boundary map of the area, division plan, protection and utilization restrictions, etc..
Article 14
For public land classified as a Wildlife Refuge, the Authorities may selectively commission the land management organizations to implement conservation plans in the Wildlife Refuges.
Article 15
In accordance with Article 10, Paragraph 1 of the WCA, when the municipal or county (city) Authorities commission other organizations to implement conservation plans, investigations, crackdowns and other conservation work on Wildlife Refuges or Major Wildlife Habitats, a written contract shall be signed.
Article 16
In accordance with Article 11, Paragraph 3 of the WCA, the Authorities shall compensate the owner or user of the land for losses. The Authorities shall invite related organizations and groups to negotiate the amount of compensation to be paid. If no consensus is reached, higher Authorities shall be consulted to determine the amount.
Article 17
The Protected Species Products defined by the Wildlife Conservation Act do not include antiques as defined by the Cultural Heritage Preservation Act.
Article 18
In accordance with Article 17, Paragraph 1 of the WCA designation of hunting sites, or Article 20, Paragraph 1 of the WCA, designation of fishing sites shall be made after discussion between the municipal or county (city) Authorities and related Authorities and a designation plan shall be sent to the next higher authority and so on until reaching the NPA for approval and announcement. The designation plan shall include the following information:
1.Location, boundary, area and geographical planning map;
2.Information on the current status of wildlife and habitat conditions within the proposed area;
3.A list of wildlife species which can be hunted or fished, amount, time and method;
4.Hunting or fishing permit fees and hunting or fishing costs;
5.Restricted items;
6.Other relevant information required by the NPA.
Modification or elimination of the hunting or fishing areas shall be discussed between the municipal or county (city) Authorities and the relevant Authorities and related information and reasons for the change shall be submitted to the next higher authority and so on until reaching the NPA for approval and announcement.
The contents of the two public announcements mentioned above include:
1.Location, boundary, area and geographical planning map;
2.A list of wildlife species that can be hunted or fished, amount, time and method;
3.Required fee;
4.Restricted items.
Article 19
In accordance with Article 17 and Article 20 of the WCA, permit applicants shall fill out an application form and include identification materials and two 2.0 inch photos of the applicant and submit them to the municipal or county (city) Authorities where the hunting or fishing area is located. Those who receive approval shall attend a conservation seminar and will be issued a permit after paying the proper fee.
The permit shall include the following information:
1.Name, sex/gender, date of birth, nationality, permanent address and contact address, and identification card or passport number;
2.Equipment to be used. If this is a firearm, permit and registration number of the firearm shall also be included;
3.The approved area and period of time. An applicant shall re-apply for a new permit once the permit expires;
4.Reasons for permit cancellation;
5.The approved species and amount to be hunted or fished;
6.Notes on any restrictions for purposes of conservation.
If a permit is lost or becomes unusable, the holder may re-apply or renew the permit. A fee shall also be paid. Those applying for a renewal shall return the original permit.
Article 20
A person who hunts General Wildlife for academic research or education purposes shall bring certification documents issued by his or her agency or organization.
Article 21
In accordance with Article 18, Paragraph 1, subparagraph 2 of the WCA application for utilization of Protected Species, namely for academic research or educational purposes, shall include the following information and be made to the relevant agencies or the municipal or county (city) Authorities and then directly to the NPA for approval. The duplicates of the NPA approval document shall be provided to the municipal or county (city) Authorities.
1.The Protected Species name (Chinese and Scientific), amount, method, location, time and purposes;
2.Personnel name and photocopies of identification document (front and back);
3.A promise to only engage in academic research or educational use;
4.Other required materials.
After approval, the personnel shall carry their approval documents, identification and related materials for inspection.
Within one year following completion of the project, which involved utilization of Protected Species, personnel shall prepare written materials on the project, including the utilization results and continued management of the Protected Species and submit the report to all levels of Authorities for reference.
Article 22
(Abolished)
Article 23
In accordance with Article 22, Paragraph 2 of the WCA, regarding the duties of conservation personnel or inspectors, the duties are as follows:
1.Patrolling, surveying, monitoring and recording data on wildlife species, population size and habitat change;
2.Maintaining the integrity of wildlife habitats;
3.Checking hunting or fishing permits or other identification and equipment brought in upon entrance;
4.Checking and crackdowns on violation of prohibited behavior announced by the conservation plan in Wildlife Refuges;
5.Checking and halting violators engaged in disturbance, abuse, killing, trading of wildlife or illegal hunting;
6.Wildlife conservation and public education;
7.Checking and crackdowns on violation of damaging wildlife or its environments;
8.Other relevant duties commissioned by the Authorities.
Article 23-1
In these enforcement rules, the location, boundary and geographical planning map shall have a scale as follows:
1.Scale no less than 1/5,000 in an area less than 1,000ha;
2.Scale no less than 1/25,000 in an area more than 1,000ha.
Article 24
In order to enforce the WCA, the responsible government Authorities may invite the police and/or other appropriate government agency personnel to form an enforcement cooperative to conduct crackdowns and conservation promotion work.
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