WILDLIFE CONSERVATION LAW
（野生動物保育法）

Enacted June 23, 1989.
                                Amended October 29, 1994.

CH. 1 2 3 4 5 6

CHAPTER II: CONSERVATION OF WILDLIFE

Article 8.

Any construction and land use in major wildlife habitats should be carried out in ways and areas which least affects the habitat, and the original ecological functions of the habitat should not be harmed. If necessary, the Authorities shall ask the owners, users or occupants of a land use project to conduct an Environmental Impact Assessment. Any farming, forestry, fishery or animal husbandry development utilization; mine exploration, earth or rock removal or related works; repair or construction of railroads, public roads or other roads; construction; establishment of parks or cemeteries; utilization of land for recreation, sporting or forest recreation areas, waste disposal or other utilization of major wildlife habitats may begin only after application to the proper local authorities and after approval by the NPA. Only then can an application for such development be made to the relevant target business authorities. Existing facilities, land utilization or development activities have a significant impact on the wildlife in the area, the NPA may require the relevant person or target business authority to put forth a plan for improvements within a certain time limit. The type and area of the major wildlife habitats referred to above shall be determined and announced by the NPA, as shall any changes in designation.

Article 9.

If land use proceeds before the Environmental Impact Assessment referred to in Article 8, Paragraph 1, the Authorities shall inform and consult immediately with other appropriate responsible government agencies to halt the project. If destruction of the wildlife habitat has taken place, the Authorities and other appropriate government agencies shall request the responsible parties to put forward a rehabilitation plan within a certain time limit and should monitor this process. If the responsible parties do not put forward a rehabilitation plan, or in case of emergency, the Authorities may require that any resultant costs of necessary rehabilitation procedures be borne by the responsible parties.

Article 10.

Local authorities may establish Wildlife Refuges for major wildlife habitats with special conservation needs, as well as formulate and carry out conservation plans in those areas. If necessary, they may commission other agencies or organizations to carry out the plans. Establishment of a Wildlife Refuge, its modification or elimination shall be authorized and announced by the NPA after an on-site public hearing on the plan is held and the opinions of local residents have been heard and approval from the Wildlife Conservation Advisory Committee. In emergency or necessary situations, the NPA may, with the approval of the Wildlife Conservation Advisory Committee, designate or modify Wildlife Refuges . In the conservation plan for the Wildlife Refuge, the Authorities may announce regulations regarding the following: (1) disturbance, abuse, hunting or killing of General Wildlife, etc. (2) collection or cutting of plants, etc. (3) pollution or destruction of the environment, etc. (4) other prohibited or approved actions, etc.

Article 11.

Upon announcement of the establishment of a Wildlife Refuge, land inside its boundaries may be purchased or expropriated by the Authorities according to the law, and subsequently managed by them. For land not purchased or expropriated by the Authorities, the owner, user or occupant shall provide a suitable habitat for wildlife according to stipulations announced by the Authorities. Before the Authorities announce the stipulations, if the land in question is used or profited from in a way that is found to harm wildlife conservation, they may order the modification or elimination of such behavior. Important national construction works are exempt from the stipulations if they are based on the principle of not affecting the survival of wildlife and have received the approval of the Wildlife Conservation Advisory Committee and NPA. The Authorities shall compensate the owner or user of the land for any losses resulting from the above paragraph.

Article 12.

To carry out wildlife resource inventories or conservation planning, the Authorities or commissioned organizations may send people with proper identification into public and private areas for investigation and application of conservation measures. The owners, users or managers of the public or private land shall not avoid, refuse of hinder, except when involving possible military secrets, then the investigation shall be carried out with the accompaniment of military authorities. If the investigation runs into any obstructions, or before the application of conservation measures, the Authorities shall first inform the public or private owner, user or manager of the land. If there is no way of passing on the information, the Authorities may use a public announcement. After the investigation, conservation authorities or personnel shall keep secret any industrial or military secrets they may have come across in the course of the investigation. To carry out the investigation or conservation measures detailed in Paragraph 1, the owners or users of the public or private land shall be compensated for any losses. The amount of compensation shall be decided by negotiation and if negotiations fail, higher-level Authorities shall set the amount. The above-mentioned method for carrying out investigations or conservation measures shall be determined by the NPA.

Article 13.

In areas which have received utilization approval per Article 8, Paragraph 2, but still experience damage to wildlife habitats, the Authorities shall order the developer to put forth a plan for rehabilitation within a certain time limit and monitor this process. If the damage occurs in areas where utilization approval was not granted, in addition to measures in the above paragraph, the Authorities may use emergency methods, which are to be paid for by the party responsible for the damage.

Article 14.

Lost or wild animals which are not endemic to Taiwan may be dealt with by the Authorities if found to be damaging Taiwan's plant or animal habitats. The NPA shall determine which animals are not endemic to Taiwan.

Article 15.

Protected Wildlife which has no owner or is vagrant, or Protected Wildlife products which are ownerless shall be dealt with by the Authorities. The Authorities may commission a related agency or organization to take in, temporarily care for, administer first-aid to, protect or destroy the animals or products.

Article 16.

Protected Wildlife shall not be disturbed, abused, hunted, killed, traded, exhibited, displayed, owned, imported, exported, raised or bred, unless under special circumstances recognized in this or related legislation. Protected Wildlife products shall not be traded, exhibited, displayed, owned, imported, exported or processed, unless under special circumstances recognized in this or related legislation.

Article 17.

With the exception of academic research or educational purposes, hunting of General Wildlife, including mammals, birds, reptiles and amphibians, shall be conducted in areas designated by the local authorities and only after obtaining the proper permit issued by local authorities or contracted organizations or groups. The local authorities shall design a system for the designation, modification, elimination and regulation of above-mentioned hunting areas and species and shall submit this plan to the NPA for final approval, after which it shall be announced publicly. The application fee, process and other related matters for the permit mentioned in Paragraph 1 shall be set by the NPA.

Article 18.

Protected Wildlife should be conserved and shall not be disturbed, abused, hunted, killed or otherwise utilized, except in the following cases: (1) when population size exceeds the carrying capacity of the area; or (2) for academic research or educational purposes and with proper approval from the NPA. The first condition for utilization listed above shall be approved by the local authorities and the species, location and range, as well as utilization number, season and method shall be announced by the NPA. The application process, fee and other related matters for the second condition shall be set by the NPA.

Article 19.

Hunting shall not be undertaken by the following methods: (1) use of dynamite or explosives; (2) use of poisons; (3) use of electricity, narcotics or other paralysis methods; (4) use of nets set up on land; (5) use of firearms other than an authorized hunting rifle; (6) use of traps, snares or other hunting equipment; (7) use of other prohibited items or methods announced by the Authorities. The Authorities may tear down or destroy any unapproved nets, snares, traps or other hunting devices. The owners, users or managers of the land on which such devices are located shall not avoid, refuse or hinder such actions.

Article 20.

Those parties who wish to hunt General Wildlife or fish within the areas defined in Article 17 shall register with the commissioned management organization or group when entering the area and shall always carry their permit. Upon exiting, the hunters shall report the species and number hunted and pay a corresponding fee. The fees shall be set by the NPA.

Article 21.

Wildlife may be hunted or killed under one of the following circumstances, regardless of Article 17, Paragraph 1; Article 18, Paragraph 1; and Article 19, Paragraph 1; however, any such action taken against Protected Wildlife shall be first reported to the Authorities for handling, except in the case of emergency: (1) danger to public safety or human life; (2) damage to crops, poultry, livestock or aquaculture; (3) being a disease vector of zoonoses or other pathogens; (4) danger to the safety of air transportation; (5) for traditional cultural or ritual hunting, killing or utilization needs of Taiwan aborigines living in reserved areas; (6) other reasons approved by the Authorities.

Article 22.

A Conservation Police force shall be established to help conserve wildlife. Authorities or commissioned organizations or groups may use wildlife conservation or investigation personnel to conduct investigations, crackdowns or other conservation work in Wildlife Refuges. If necessary, local police may be called in to cooperate with the conservation work.

Article 23.

The Authorities may assist or encourage any non-government organization or individual to join or attend international wildlife conservation meetings or other related activities.