WILDLIFE
CONSERVATION LAW
(野生動物保育法)
Enacted
June 23, 1989.
Amended
October 29, 1994.
CH.
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CHAPTER V: PENALTIES
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, Endangered Species
or Rare and Valuable Species products. A person
who make commission of an offense specified above
as an occupation shall be punished with imprisonment
for not less than one year and not more than seven
years and/or a fine of not less than NT$500,000
and not more than NT$2,500,000.
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 1-1, hunting
or killing of a Protected Wildlife species; (2)
violation of Article 18, Paragraph 1-2, 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.
A person who makes commission of an offense specified
above as an occupation shall be punished with
imprisonment for not less than one year and not
more than seven years and/or a fine of not less
than NT$500,000 and not more than NT$2,500,000.
Any unsuccessful attempt to commit an offense
specified in the above first item 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 1-1; (2) violation
of Article 18, Paragraph 1-2 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, Item 1 by hunting
or killing General Wildlife; (2) violation of
Article 10, Paragraph 4, Items 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, Item
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) violation of Article 25, Paragraph
2; (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 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 law, 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 regulation.
Article 53.
The administrative fines or confiscation described
by this law 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.
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