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Chapter Law Content

Title: Wildlife Conservation Act CH
Category: Ministry of Agriculture(農業部)
CHAPTER V: PENAL PROVISIONS
Article 40
The following offenses shall be punished with imprisonment for not less than six months and not more than five years, and/or a fine of not less than NT$300,000 and not more than NT$1,500,000:
1.Violation of Article 24, Paragraph 1, unapproved import or export of live Protected Wildlife Species or products.
2.Violation of Article 35, Paragraph 1, trading, display or exhibiting with the intent to sell Protected Wildlife and its products.
Article 41
The following offenses shall be punished with imprisonment for not less than six months and not more than five years, and/or a fine of not less than NT$200,000 and not more than NT$1,000,000:
1.Violation of Article 18, Paragraph 1, Subparagraph 1, hunting or killing of a Protected Wildlife species;
2.Violation of Article 18, Paragraph 1, Subparagraph 2, hunting or killing of a Protected Wildlife species without the approval of the NPA;
3.Violation of Article 19, Paragraph 1, use of prohibited methods to hunt or kill Protected Wildlife;
If any of the above offenses are committed in designated Wildlife Refuges, the offender shall be subjected to the penalty prescribed for such offense up to 1/3.
Any unsuccessful attempt to commit an offense specified in the above Subparagraph 1 is punishable.
Article 42
The following offenses shall be punished with imprisonment for not more than one year; detention; and/or a fine of not less than NT$60,000 and not more than NT$300,000; if the conducts cause the death of protected species, the offender shall be punished with imprisonment for not more than two years, detention, and/or a fine of not less than NT$100,000 and not more than NT$500,000:
1.Disturbance or abuse of Protected Wildlife as prohibited by Article 18, Paragraph 1, Subparagraph 1;
2.Violation of Article 18, Paragraph 1, Subparagraph 2, by disturbance or abuse of the Protected Wildlife without proper approval by the NPA.
If any of the above offenses are committed in a designated Wildlife Refuge, the offender shall be subjected to the penalty prescribed for such offense up to 1/3.
Article 43
In violation of Article 8, Paragraph 2, anyone who conducts unauthorized development projects shall be subjected to a fine of not less than NT$300,000 and not more than NT$1,500,000.
In violation of Article 8, Paragraph 3, Article 9 or Article 13, anyone who fails to submit a rehabilitation plan within a set time limit, or fails to carry out the rehabilitation plan shall be subjected to a fine of not less than NT$400,000 and not more than NT$2,000,000.
If the above offenses have caused habitat destruction and the habitat has become inhabitable for wildlife, the offender shall be punished with imprisonment for not less than six months and not more than five years and/or a fine of not less than NT$300,000 and not more than NT$1,500,000.
Article 44
In discharging his duty, if the representative of an artificial person, artificial person, the agent of natural person, employee or other staff violation any one of Articles 40, 41, 42, or Article 43, Paragraph 3, both the violators and their artificial person or natural person shall be subjected to the fine set out in relevant Articles.
Article 45
In violation of Article 7, Paragraph 2, anyone who uses the title of wildlife conservation stamps, uses its logo, or issues wildlife conservation stamps, the offender shall be subjected to a fine of not less than NT$500,000 and not more than NT$2,500,000. The unauthorized issue, sale or distribution of wildlife conservation stamps shall be prohibited. Illegal stamps which have been issued, sold or distributed shall be confiscated.
Article 46
In violation of Article 32, Paragraph 1, the violator shall be subjected to a fine of not less than NT$50,000 and not more than NT$250,000. If the violation resulted in damage to the ecosystem, violators shall be subjected to a fine of not less than NT$500,000 and not more than NT$2,500,000.
Article 47
In violation of Article 27, Paragraph 2, the owner or keeper of wildlife who fails to submit a prevention or rehabilitation plan or who fails to carry out the plans, the offender shall be subjected to a fine of not less than NT$300,000 and not more than NT$1,500,00.
In violation of Article 26, the offender shall be subjected to a fine of not less than NT$200,000 and not more than NT$1,000,000.
Article 48
A person who falsely labels merchandise as containing Protected Wildlife or its products shall be subjected to a fine of not less than NT$150,000 and not more than NT$750,000.
Article 49
Anyone who violates one of the following Articles shall be subjected to a fine of not less than NT$60,000 and not more than NT$300,000:
1.Violation of regulations detailed in Article 17, Paragraph 1 or Paragraph 2;
2.Violation of Article 19, Paragraph 1 by the use of prohibited items or methods in hunting General Wildlife;
3.Violation of Article 19, Paragraph 2, or Article 33 by avoiding, refusing or hindering searches, seizures or destruction;
4.Violation of Article 27, Paragraph 1;
5.Violation of Article 34 by failing to meet proper care area, facility and care standards;
6.Violation of Article 18, Paragraph 2 or Article 36 by not applying for the proper permits or approval.
In the case of the violation of one of Article 17, Paragraph 1 or Paragraph 2, or Article 19, Paragraph 1, the proper municipal or county (city) authorities may suspend the permits of concerned parties.
Article 50
Anyone who violates one of the following Articles shall be subjected to a fine of not less than NT$50,000 and not more than NT$250,000:
1.Violation of Article 10, Paragraph 4, Subparagraph 1 by hunting or killing General Wildlife;
2.Violation of Article 10, Paragraph 4, Subparagraph 2, 3, or 4 Authorities’ announced restricted items;
3.Violation of Article 11, Paragraph 2 by not adhering to Authorities’ calls to modify or eliminate certain behavior.
In violation of Article 10, Paragraph 4, Subparagraph 1, disturbing or abusing General Wildlife, the offender shall be subjected to a fine of not less than NT$20,000 and not more than NT$100,000.
Article 51
Anyone who violates one of the following Articles shall be subjected to a fine of not less than NT$10,000 and not more than NT$50,000:
1.Violation of Article 12, Paragraph 1 by avoiding, refusing or hindering a wildlife resource investigation or the application of conservation plan measures;
2.Violation of Article 20, Paragraph 1;
3.Violation of Article 24, Paragraph 1 by import or export of General Wildlife without the approval of the NPA;
4.(Abolished)
5.Violation of Article 28;
6.Violation of Article 31, Paragraphs 1, 2, 3 or 6;
7.Violation of Article 35, Paragraph 1 by display or exhibition in a public area of Protected Wildlife, Endangered or Rare and Valuable Species products with no intent to sell but lacking the proper permission;
8.Violation of Article 37;
9.Violation of Article 38;
10.Any owner or keeper who refuses to sell their wildlife carcass according to Article 39.
Article 51-1
Taiwan aborigines, in violation of Article 21-1, Paragraph 2 without obtaining approval from the authorities, hunting, killing or utilizing of General Wildlife for traditional cultural or ritual hunting, killing or utilization needs, or not for trading purposes shall be subjected to a fine of not less than NT$1,000 and not more than NT$10,000. However, a pardon shall be given to the first offender.
Article 52
In the case of the violation of one of Article 40, Article 41, Article 42 or Article 43, Paragraph 3, the subject Protected Wildlife may be confiscated; the subject wildlife products, hunting equipment, drugs or other devices shall be confiscated.
Beside the punitive actions specified in Article 52, Paragraph 1, in the case of the violation of this act, the subject Protected Wildlife or products, hunting equipment, drugs or other devices may be confiscated.
If necessary, Authorities may publicly release, repatriate, keep or destroy the above-mentioned confiscated wildlife/items. The Authorities may request the violator to pay all the expenses incurred therefrom.
For lawfully confiscated or otherwise acted upon Protected Wildlife or products, customs or other law enforcement agencies may ask Authorities to take necessary measure according to the above paragraph.
Article 53
The administrative fines or confiscation described by this act shall be handled by authorities at all levels.
Article 54
If the administrative fines authorized herein are not paid in a timely manner after official notice, the Authorities shall initiate court proceedings.