No Support JavaScript

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

Print Time:2024/12/13 20:20
:::

Chapter Law Content

CHAPTER IV: MANAGEMENT OF WILDLIFE
Article 32
In accordance with Article 31, Paragraph 2 of the WCA, all owners or holders of live Protected Species or their products announced as such by the NPA shall register these animals or products with the municipal or county (city) Authorities where the animals or products are kept within one month of coming into possession of the species. If there is any change of residence of owner or holder, the location where the Protected Species or their products are kept or raised, or quantity change, the above registration requirement shall also be valid.
Article 33
In accordance with Article 35, Paragraph 1 of the WCA, an application shall be submitted by applicants to the appropriate municipal or county (city) Authorities and then reported every three months by the local authorities concerning the approved quantity for trade to the NPA for references.
In accordance with Article 35, Paragraph 1 of the WCA, submission of an application for display or exhibition in a public area of Protected Species or their products shall be made at least one month before exhibition or display to the appropriate municipal or county (city) Authorities and exhibition can only begin after approval from the Authorities.
Under any of the following circumstances, the municipal or county (city) Authorities may cancel the original approved documents to trade, display, or exhibition in public area:
1.Due to termination of business; stop of trading, or display/exhibition in public area caused by suspension of business;
2.The contents of Protected Species or their products traded, displayed, or exhibited in public area are different from the contents of the original approved document;
Article 33-1
In accordance with Article 24, Paragraph 6 of the WCA, application for approval to trade, display or exhibit live specimens of General marine mammalian wildlife, the applicant shall submit a written application with the following materials to the appropriate municipal or county (city) Authorities where the applicant's residence is located for preliminary review. The above application will be reported subsequently to the NPA for approval before the performance:
1.A copy of registration certificate of juridical person, civil association, company or business; if it is for profit, the category of business conducted shall include wildlife trade;
2.A copy of certificate of origin of the animals;
3.A plan of display or exhibit. Application for trade is exempt from this reguirement;
4.A copy of the documents pertaining ownership of the land or building, or the written consent for the land/building use;
5.An identifiable color photo of the animal;
6.Other information required by the NPA.
The plan per above subparagraph 3 shall include the following:
1.The species, quantity and sources of animals;
2.The title, location and duration of the display or exhibit;
3.The design or layout of the display or exhibit location;
4.The name, education and work experience of keepers and the name of the veterinarian in charge during the display or exhibit.
Article 33-2
In accordance with Article 24, Paragraph 6 of the WCA, application for approval to trade, display or exhibit General marine mammalian wildlife products, the applicant shall submit a written application with the following materials to the NPA for approval before the performance:
1.A copy of registration certificate of juridical person, civil association, company or business; if it is for profit, the category of business conducted shall match the purpose of application;
2.Certificates of sources:
(1) If the applicant is the importer, a copy of the NPA approval of import and import certificate shall be provided;
(2) If the applicant is not the importer, a copy of the NPA trade approval issued to the seller, import certificate, and uniform invoice or receipt shall be provided.
3.If the products are packaged and ready to be sold directly to consumers, a color photo or sample of the packaging shall be provided;
4.Other information required by the NPA.
The written application in above Paragraph shall include the species (Chinese name and scientific name), product name, quantity, use and type.
Once the trade, display, or exhibit of products in question is approved in accordance with Paragraph 1, the applicant shall report the quantity of trade to the NPA for reference every six months.
If products approved in accordance with Paragraph 1 are labeled with the NPA approval No. on the packaging, the subsequent applications for approval of trade is not required.
Article 33-3
Beginning on January 1, 2020, previous trade approval of ivory or their products, issued by municipal or county (city) Authorities according to Article 35, Paragraph 1 of the WCA, will not be allowed to buy or sell. Original trade approval documents will be invalid simultaneously.
Article 34
In accordance with Article 38 of the WCA, when a veterinarian is required to prepare an autopsy report or death certificate for Endangered or Rare and Valuable Species, the kind of animals are limited to mammals, birds, reptiles, amphibians or fish.
The above-mentioned death certificate shall include the following:
1.Scientific and Chinese name of the species;
2.Date of death;
3.External appearance of symptoms;
4.Cause of death.
The autopsy report shall include the above-mentioned items and the autopsy record.
Article 35
Whenever the government Authorities accept a donation of live Protected Species or their products, either from an organization or from an individual, the government Authorities may donate it to a public or government authorized private zoo, scientific research institution or museum or other social or educational institutions for research, teaching, preservation, display or educational purposes.
Article 36
In violation of Article 40, Article 41, Article 42, or Article 43, Paragraph 3 of the WCA, live specimens of indigenous Protected Species which are taken into custody or confiscated, the species shall be determined and photographed for evidence, and the court where the case was handled or the Public Prosecutors shall, based on the request of the Authorities, have the animal transferred to the proper Authorities for release or handling.
Article 37
In accordance with Article 52 of the WCA, confiscation or other handling of Protection Species or their products, with the exception of other legal directives, shall be handled in one of the following methods:
1.The Customs Authority or other investigation agencies shall inform authorized quarantine or inspection agencies with documents concerning unidentified sources or epidemically suspicious subjects occurring on the quarantine inspection list for immediate quarantine or inspection. Once the item is subjected to be destroyed, the inspection and quarantine agencies shall handle the item with Customs or investigation agencies and other Authorities;
2.Special or non-epidemic items/cases are kept by Authorities or agencies and groups appointed by the Authorities or are reported to the NPA for repatriation to original areas;
3.If the identified indigenous Protected Species cannot be kept, the Authorities shall take photographs as evidence and the Authorities shall either set the animal free or otherwise handle the situation.
Regarding the above-mentioned keeping or storage of Protected Species or their products in above subparagraph 2, except when providing the specimen for identification agencies, the specimen may be sent to a research or academic institution or education organization, public or government-authorized private zoo, museum or other organization for storage, research, display or educational use.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)