Chapter IV Legal Liability
Article 31 Anyone who illegally catches or kills wildlife under special State protection shall be prosecuted for criminal liability in accordance with the supplementary provisions on punishing the crimes of catching or killing the species of wildlife under special State protection which are rare or near extinction.
Article 32 If anyone, in violation of the provisions of this Law, hunts or catches wildlife in an area or during a season closed to hunting or uses prohibited hunting gear or methods for the purpose, his or her games, hunting gear and unlawful income shall be confiscated and he or she shall be fined by the department of wildlife administration; if the circumstances are serious enough to constitute a crime, he or she shall be investigated for criminal liability in accordance with the provisions of Article 130 of the Criminal Law.
Article 33 If anyone, in violation of the provisions of this Law, hunts or catches wildlife without a hunting license or in violation of the prescriptions of the hunting license, his or her game and unlawful income shall be confiscated and he or she shall be fined by the department of wildlife administration and, in addition, his or her hunting gear may be confiscated and his or her hunting license revoked.
If anyone, in violation of the provisions of this Law, hunts wildlife with a hunting rifle without a license for the rifle, he or she shall be punished by a public security organ by applying mutatis mutandis the provisions of the Regulations on Administrative Penalties for Public Security.
Article 34 If anyone, in violation of the provisions of this Law, destroys in nature reserves or areas closed to hunting the main places where wildlife under special State or local protection lives and breeds, he or she shall be ordered by the department of wildlife administration to stop his or her destructive acts and restore these places to their original state within a prescribed time limit, and shall be fined.
Article 35 If anyone, in violation of the provisions of this Law, sells, purchases, transports or carries wildlife under special State or local protection or the products thereof, such wildlife and products and his or her unlawful income shall be confiscated by the administrative authorities for industry and commerce and he or she may concurrently be fined.
If anyone, in violation of the provisions of this Law, sells or purchases wildlife under special State protection or the products thereof, and if the circumstances are serious enough to constitute a crime of speculation or smuggling, he or she shall be investigated for criminal liability according to the relevant provisions of the Criminal Law.
The wildlife or the products thereof thus confiscated shall, in accordance with the relevant provisions, be disposed of by the relevant department of wildlife administration or by a unit authorized by the same department.
Article 36 If anyone illegally imports or exports wildlife or the products thereof, he or she shall be punished by the Customs according to the Customs Law; if the circumstances are serious enough to constitute a crime, he or she shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crimes of smuggling.
Article 37 If anyone forges, sells or resells or transfers a special hunting and catching license, a hunting license, a domestication and breeding license, or an import or export permit, his or her license or permit shall be revoked and his or her unlawful income shall be confiscated and he or she may concurrently be fined by the relevant department of wildlife administration or the administrative authorities for industry and commerce.
If anyone who forges or sells or resells a special hunting and catching license or an import or export permit, and if the circumstances are serious enough to constitute a crime, he or she shall be investigated for criminal liability by applying mutatis mutandis the provisions of Article 167 of the Criminal Law.
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