Chapter I General Provisions
Article 1 The regulation herein is formulated to protect, develop and better utilize wild flora resources and to protect the variety of biology and maintain ecological balance.
Article 2 Activities concerning the protection, development and utilization of the wild flora in the territory of the People's Republic of China (PRC) must be conducted in accordance with this regulation.
The wild flora referred to in this regulation is the valuable flora grown in primitive places and the endangered or rare flora with important economic, scientific and cultural values, which is grown in primitive places.
The protection of the wild flora as a medicinal herb and wild flora in city gardens, natural reserves and scenic spots shall reflect other related laws, regulations and rules.
Article 3 The policy for wild flora resources of the State is to strengthen its protection, promote its development and improve its utilization.
Article 4 The State protects the rights of the individuals and agencies that develop, utilize and manage wild flora resources legally.
Article 5 The state encourages and supports scientific research of the wild flora, as well as its on-site and off-site protection.
Individuals and agencies that have contributed remarkable achievements in the field of protection, scientific research, breeding and utilization, promotion and education of the wild flora shall be rewarded by the people's government.
Article 6 The relevant section of the people's government above the county level shall strengthen the promotion and education of wild flora protection, popularize knowledge about it and enhance citizens' awareness of wild flora protection.
Article 7 Every agency and individual has the obligation to protect wild flora resources and the right to report or accuse anyone who seizes or damages it or the environment in which it grows.
Article 8 The administrative forestry section of the State Council takes charge of the supervision of the wild flora in forests and the valuable wild trees outside forests all over the country.
The agricultural administrative section of the State Council takes charge of the supervision of other wild flora in the country.
The constructive section of the State Council takes charge of the supervision on the wild flora in city gardens and scenic spots. The environmental protection section of the State Council takes charge of the supervision and coordination of the wild flora's environmental protection throughout the country. Other sections of the State Council take charge of the wild flora's protection according to their official duties respectively.
The establishment of departments, managing wild flora in the local people's government and specific duties of such departments shall be decided by the people's government of the province, municipality or autonomous region according to their specific situation.
Chapter II Protection of the Wild Flora
Article 9 The State protects the environment in which the wild flora grows. Illegal collection of wild flora or damage to its environment by any agency or individual is prohibited.
Article 10 Wild flora can be divided into two categories: wild flora under national key protection and wild flora under local key protection.
Wild flora under national key protection can be further categorized as: wild flora under first-level national protection and wild flora under second-level national protection. The name list of the wild flora under national key protection is decided by the forestry administrative section and the agricultural administrative section of the State Council (abbreviated as the wild flora administrative section of the State Council), which is associated with the environmental protection and construction section of the State Council and approved and promulgated by the State Council.
Wild flora under local key protection refers to the wild flora protected by the province, municipality and autonomous region, excluding the ones under national key protection. The name list of the wild flora under local key protection is decided and promulgated by the people's government of the province, municipality or autonomous region, recorded by the State Council.
Article 11 Natural reserves shall be set up in the natural concentration and distribution areas with wild flora under national key protection and wild flora under local key protection in accordance with relevant laws and regulations. In addition, the administrative wild flora offices and other related offices of the people's government above the county level can set up nature preservation spots for the wild flora under national and local key protection or set up landmarks according to specific situations.
Damaging wild flora protection facilities or landmarks under national or local key protection is prohibited.
Article 12 The wild flora administrative section and other related sections shall monitor and observe the wild flora environment under national and local key protection and take measures to maintain and improve the growing condition of the wild flora under national and local key protection. When damage is caused to the wild flora's environment under national or local key protection, responsible offices shall associate with other related sections to conduct investigations and tackle the problem in accordance to relevant laws.
Article 13 Construction projects that may produce a negative impact to the wild flora under national or local key protection shall be evaluated in a report on their environmental impact. The environmental protection section shall seek advice from the administrative section of the wild flora before approving the report.
Article 14 The administrative section of the wild flora shall take measures to protect or restore the wild flora's environment, set up breeding bases and species databases for the wild flora under national or local key protection that are being threatened, or even remove the species for protection when necessary.
Chapter III Management of the Wild Flora
Article 15 Responsible administrative sections shall organize regular investigations of resources for the wild flora under national or local key protection, and establish resource files.
Article 16 Collecting wild flora under first-level national key protection is prohibited. Collecting wild flora under first-level national key protection for special needs, such as scientific research, artificial breeding or cultural exchange, must be approved by the nearest wild flora administrative section of the province, municipality or autonomous region; a special license must be obtained from the wild flora administrative section of the State Council or related authorized section.
Collecting wild flora under second-level national key protection shall be approved by the nearest wild flora administrative section of the people's government; a special license must also be obtained from the wild flora administrative section of the province, municipality or autonomous region or related authorized section.
Collecting wild flora under the first- or second-level national key protection in city gardens or scenic spots must be approved by the administrative section of the city gardens or scenic spots, and a license must be obtained.
Collecting valuable wild trees or wild flora in forests or on prairies shall adhere to the Law on Forestry and the Law on Prairies. A copy of an issued license shall be retained by the environmental protection. The format of the collecting license shall be decided by the wild flora administrative section of the State Council.
Article 17 Agencies or individuals shall collect wild flora under national key protection in compliance with the kind, number, place, time limit and method stipulated in the collecting license.
Collecting activities of the wild flora under national key protection shall be supervised by the wild flora administrative section of the people's government of the county and reported to the wild flora administrative section or related authorized section authorized.
Article 18 Selling and purchasing of the wild flora under the first level of the national key protection is prohibited.
Selling and purchasing wild flora under the second level of the national key protection shall be approved by the wild flora administrative section of the province, municipality or autonomous region or related authorized section.
Article 19 Responsible wild flora administrative sections shall monitor the operation and utilization activities of the wild flora under the second-level national key protection.
Article 20 Exporting wild flora under national key protection and importing or exporting wild flora restricted by international treaties shall be examined and evaluated by the wild flora administrative section of the province, municipality or autonomous region, approved by the wild flora administrative section of the State Council and an export or import certification shall be conferred by the export and import administrative section of the national endangered species. The customs shall grant clearance according to the certification or the label. The wild flora administrative section of the State Council shall make a copy of the related export and import information for the environmental protection section of the State Council.
Exporting wild flora, which has not been named or newly discovered with significant value, is prohibited.
Article 21 Foreigners are not allowed to collect or purchase wild flora under national key protection in the territory of the PRC.
Foreigners inspecting wild flora under the first- or second-level national key protection shall first apply to the nearest wild flora administrative section of the province, municipality or autonomous region. After the examination and verification, the foreigners shall report to the wild flora administrative section of the State Council or related section for examination and approval; if applying directly to the wild flora administrative section of the State Council, before approval, the wild flora administrative section of the State Council shall seek advice from the wild flora administrative section of the province, municipality or autonomous region.
Article 22 Management approaches to wild flora under local key protection shall be stipulated by the people's government of the province, municipality or autonomous region.
Chapter IV Legal Responsibility
Article 23 Collecting wild flora under national key protection without a collecting license, or not being in compliance with the collecting license, is prohibited. The responsible wild flora administrative section shall seize illegal incomes and the collected wild flora and impose a fine up to 10 times its illegal income value. The administration shall also revoke the collecting license.
Article 24 In cases where wild flora under national key protection is sold or purchased in violation of the regulation, any illegal income shall be seized by the responsible wild flora administrative section or the industry and commerce administrative section according to different official duties. A fine up to 10 times the illegal income accrued can be imposed.
Article 25 Illegal export or import of wild flora shall be penalized by customs in accordance with customs laws.
The responsible wild flora administrative section or the industry and administrative commerce section shall seize the colleting license, certification of permission to export and import, or related files or labels fabricated, resold or transferred according to different official duties; the illegal income shall be confiscated and a fine of no more than RMB50,000 can be imposed.
Article 27 The responsible wild flora administrative section shall seize the collected or purchased wild flora including any data; a fine of no more than RMB50,000 can be imposed for foreigners who have collected or purchased wild flora under national key protection or committed wild inspections of the wild flora under national key protection without permission.
Article 28 Violations of the regulation and other activities serious enough to constitute a crime shall be considered criminal offenses and be held dealt with according to the law.
Article 29 Shall the wild flora administration neglect its duties, abuse its authority, practice favoritism and grafting, it will be held accountable if its acts bring about grave consequences and constitute a crime. Violations that not constitute a crime can be meted out with an administrative penalty.
Article 30 Material objects seized in accordance with the regulation shall be tackled by the section that makes that decision in accordance with certain regulations.
Chapter V Supplementary Provisions
Article 31 If an international treaty on environmental protection participated or acceded to by the PRC contains provisions different from those contained in the laws of the PRC, the provisions of the international treaty shall serve the turn unless the PRC has announced reservations on the provisions.
Article 32 This regulation takes effect on promulgation on January 1, 1997.
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