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Administrative Measures for the Examination and Approval of the Varieties and Quantity of the
Introduction of Alien Species of Terrestrial Wild Animals
Promulgation date:
09-27-2005
Effective date:
Department:
11-01-2005
Subject:
AGRICULTURE, ANIMAL HUSBANDRY & FISHERY
STATE FORESTRY ADMINISTRATION
Administrative Measures for the Examination and Approval of the Varieties and Quantity of the
Introduction of Alien Species of Terrestrial Wild Animals
(Promulgated by Order No. 19 of the State Forestry Administration on September 27, 2005)
Article 1 These Measures are formulated according to the Administrative License Law of the
People’s Republic of China, the Decision of the State Council on Establishing Administrative
License for the Administrative Examination and Approval Items that Really Need to Be Preserved
(Order No. 412 of the State Council) and other relevant provisions of the state with a view to
strengthening the management of alien species of territorial wild animals, preventing the invasion of
alien species of territorial wild animals, protecting the biological diversity and maintaining the
biological safety of the land.
Article 2 The administrative licensing matters for carrying out the examination and approval of the
varieties and quantity of the introduction of alien species of terrestrial wild animals shall be
governed by these Measures.
Article 3 The “alien species of territorial wild animals” as mentioned in these Measures refers to the
living bodies and propagation materials of territorial wild animals that naturally distribute outside
the territory of China.
Article 4 Safe and reliable precautious measures shall be taken for the introduction of alien species
of terrestrial wild animals so as to prevent them from escaping, scattering and damaging the natural
biology.
Article 5 An applicant shall submit the following materials for the introduction of alien species of
terrestrial wild animals from abroad:
(1)an application report, an application form for import and export, and the explanations about the
purposes of the export;
(2)the agreement or contract concluded by the parties involved, and the entrusted agency contract or
agreement in the case of entrusted introduction;
(3)the effective documents or materials proving that there are the capital, personnel and technologies
in match with the introduction of alien species of terrestrial wild animals; and
(4)the written opinions as issued by the forestry administrative department of the local province,
autonomous region, or municipality directly under the Central Government.
In case an application for the introduction of alien species of terrestrial wild animals is filed for the
first time, the applicant shall also submit his effective identity card and the implementation scheme
on the to-be-conducted experiment of segregation and species introduction.
Article 6 If the application materials are complete and consistent with the following conditions, the
State Forestry Administration shall make a decision on approval of the administrative licensing:
(1)Having the capital, personnel and technologies in match with the introduction of alien species of
terrestrial wild animals;
(2)Having fixed places and necessary facilities in match with the commercial operation and
utilization as well as scientific research of alien species;
(3)Having safe and reliable management measures against escape; and
(4)Having corresponding measures against emergencies.
Article 7 If the application materials are complete and consistent with the statutory form, the State
Forestry Administration shall issue a Notice on Accepting the Administrative Licensing immediately
upon receipt of an application for the examination and approval of the introduction of alien species
of terrestrial wild animals; if it refuses to accept such an application, it shall immediately explain the
reasons to the applicant and issue a Notice on Refusing to Accept the Administrative Licensing; if
the application materials are incomplete or inconsistent with the statutory form, the State Forestry
Administration shall issue a Notice on the Materials to Be Supplemented and Corrected for the
Administrative Licensing within 5 days and notify the applicant of the items that need to be
supplemented or corrected once and for all.
Article 8 If the State Forestry Administration needs to hold a hearing or organize an expert review
for making an administrative licensing decision, it shall, within ten days upon receipt of an
application, issue a Notice on the Hearing, Bid Invitation, Auction, Testing, Inspection, Quarantine,
Appraisal and Expert Review Necessary for the Administrative Licensing, and notify the applicant
of the time necessary for the hearing or expert review.
The time necessary for the hearing or expert review shall not be included into the time limit for
making the administrative licensing decision.
Article 9 The State Forestry Administration shall make a decision on whether or not approve the
administrative licensing within 20 days from the day when it accepts the application, issue a
Decision on Approving the Administrative Licensing or a Decision on Disapproving the
Administrative Licensing, and notify it to the applicant.
If the administrative licensing decision can not be made within the statutory time limit, the State
Forestry Administration shall, upon approval of the person in-charge, issue a Notice on Extending
the Time Limit for Administrative Licensing within five days before the expiry of the statutory time
limit and notify it to the applicant.
Article 10 In the case of the introduction of alien species of terrestrial wild animals for
domestication and propagation at the first time, the experiment of segregation and species
introduction shall be conducted.
The experiment of segregation and species introduction shall be appraised by the scientific research
institution or experts designated by the forestry administrative department of the local province,
autonomous region, or municipality directly under the Central Government, and the specifies can be
continuously introduced and popularized only after having passed the appraisal.
The experiment of segregation and species introduction shall include the intermediate experiment. If
the intermediate experiment fails, the appraisal shall also fail.
No experiment of segregation and species introduction may be carried out within a nature reserve,
small nature reserve, forest park, tourism resort or any other area with special or fragile natural
ecology.
Article 11 No alien species of terrestrial wild animals may be released in the wild.
Where the alien species of terrestrial wild animals need to be released in the wild due to the
scientific research, biological prevention and cure, structure adjustment of wild animals or any other
special reason, it shall be carried out according to the relevant provisions in the Regulation of the
People’s Republic of China for the Implementation of Protection of Terrestrial Wild Animals.
Article 12 Those alien species of terrestrial wild animals introduced into China upon approval and
their offspring and propagation products shall be marked according to the relevant provisions of the
state.
Article 13 Where any alien species of terrestrial wild animals escapes, the licensee shall immediately
report it to the local forestry administrative department, which shall order the licensee to recapture
them or take any other remedial measure within the time limit. If the licensee refuses to do so, the
local forestry administrative department or any other entity it entrusts may recapture them or take
any other remedial measure on commission, and the licensee shall assume all the fees necessary for
the catching or any other remedial measure; and shall be subject to legal liabilities according to the
relevant laws and regulations if any damage is caused.
Article 14 Any alien species of terrestrial wild animals that is confiscated according to law shall be
handled by the local forestry administrative department at or above the county level according to the
relevant provisions of the state.
Article 15 The State Forestry Administration will establish a consultation scientific committee of
alien species of terrestrial wild animals to be responsible for the scientific research, appraisal and
consultation concerning the management of alien species of terrestrial wild animals.
Article 16 The forestry administrative departments at all levels shall establish a pre-warning and
emergency handling mechanism against the invasion of alien species of terrestrial wild animals.
If any alien species of terrestrial wild animals is found in the wild, the local forestry administrative
department shall immediately report it to the people’s government at the same level and the forestry
administrative department at the next higher level, and shall take monitoring and control measures
together with the relevant departments.
Article 17 In case a province, autonomous region or municipality directly under the Central
Government introduces alien species of terrestrial wild animals that do not naturally distribute
within its own jurisdiction, the introduction shall be handled according to the relevant provisions of
the state, province, autonomous region or municipality directly under the Central Government.
Article 18 In case the terrestrial wild animals to be introduced are endangered species that are
restricted from import and export by the international convention to which China is a party, an
import or export permit shall be obtained from the state administrative organ in charge of the import
and export of endangered species
Article 19 These Measures shall come into force as of November 1, 2005.
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