Regulations of Shanghai Municipality on Wild Animal Conservation

(June 20,2023)

(16th Session) No.3

(Adopted at the 3rd Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on June 20, 2023)

Chapter I  General Provisions

Article 1

With a view to conserving wild animals, saving rare and endangered species of wild animals, maintaining biological diversity and ecological balance, advancing ecological civilization, and promoting the harmonious co-existence between humanity and nature, these Regulations are formulated in accordance with the Wild Animal Conservation Law of the People's Republic of China and other relevant laws and administrative rules and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations shall apply to the conservation of wild animals and associated activities within the administrative area of this Municipality.

The wild animals under conservation prescribed in these Regulations include the wild animals under state priority conservation approved and published by the State Council, the terrestrial wild animals of significant ecological, scientific or social value published by the competent department of wild animal conservation of the State Council (hereinafter the “wild animal conservation department”), and the wild animals under local priority conservation published by the Municipal People's Government.

“Wild animals and their products” in these Regulations mean the whole (including spawns and eggs), the parts and derivatives of wild animals.

The conservation of aquatic wild animals other than the rare and endangered species of aquatic wild animals shall be governed by the Fisheries Law of the People's Republic of China and other relevant laws.

Article 3

The conservation of wild animals shall follow the principles of “conservation first, regulated utilization, stringent supervision and joint social governance”, strengthen the protection and restoration of important ecosystems, encourage and support scientific research and application of wild animals, uphold the philosophy of ecological civilization, and promote green development.

Article 4

The municipal and district people’s governments shall strengthen their leadership over the wild animal conservation work, draw up planning and measures for conserving wild animals and their habitats, and include the wild animal conservation expenses in their budgets.

Article 5

The departments of forestry and agriculture and rural affairs (hereinafter collectively referred to as the “wild animal conservation department”) shall be in charge of the conservation of terrestrial and aquatic wild animals within their respective administrative areas.

The departments of development and reform, market regulation, public security, transport, planning and resources, ecology and environment, water affairs (ocean), education, postal administration, urban management and law enforcement, etc. shall, according to the division of their functions, take charge of the conservation of wild animals.

Article 6

Conservation of wild animals and their habitats is the common responsibility of the whole society. It is prohibited to illegally hunt, catch, transport or trade in wild animals or to engage in other prohibited acts. It is prohibited to destroy the habitats of wild animals.

All organizations and individuals shall conscientiously observe the state and municipal laws and rules on wild animal conservation, enhance their awareness of conserving wild animals and safeguarding public health safety, prevent the spread of wild animal-borne infectious diseases, resist illegal eating of wild animals, and cultivate a civilized and healthy lifestyle.

Article 7

The people's governments at all levels of this Municipality shall strengthen the publicity, education, and popularization of science on wild animal conservation, and encourage and support activities of publicizing the wild animal conservation laws and rules and the ecological protection knowledge conducted by the grassroots mass autonomous organizations, social organizations, enterprises, public institutions, and volunteers; shall organize the training of relevant practitioners on the laws and rules and professional knowledge; and shall disclose to the public the wild animal conservation and management information in accordance with the law.

Education departments and schools shall educate students on wild animal conservation knowledge.

News media shall conduct publicity of the wild animal conservation laws, rules and knowledge, and legally use public opinions to supervise illegal acts.

This Municipality determines that November of every year is the month of wild animal conservation publicity, and the second week in April is the bird-loving week.

Article 8

An expert committee for wild animal conservation shall be established in this Municipality to provide advice on the formulation and adjustment of the list of wild animals and their habitats, drawing up conservation planning and measures, and prevention and control of safety risks, etc.

Article 9

This Municipality encourages citizens, legal persons, and other organizations to participate in wild animal conservation activities by donations, financial aids, voluntary services and other means in accordance with the law, and supports public undertakings for wild animal conservation.

Organizations and individuals that have made remarkable achievements in wild animal conservation or research shall be commended and rewarded in accordance with the provisions.

Article 10

The wild animal conservation department of Shanghai shall establish a mechanism of communication and coordination with their counterparts in the provinces and cities in the Yangtze River Delta, with focus on the investigation of wild animals and their habitat resources in adjacent areas, the protection of specific wildlife species, and the handling of emergencies, as well as on strengthening law enforcement coordination and cooperation, including such tasks as case jurisdiction and transfer, investigation outside of one’s jurisdiction, dispute settlement, discretion benchmark, connectivity between administrative and legal enforcement, and reports of the results,etc.

Chapter II  Conservation of Wild Animals and Their Habitats

Article 11

This Municipality shall step up its conservation of wild animals and their habitats.

This Municipality shall conduct, in accordance with the law, categorized and graded conservation of the wild animals in the list of wild animals under state priority conservation, the wild animals in the list of terrestrial wild animals of significant ecological, scientific or social value, and the wild animals in the list of wild animals under local priority conservation.

This Municipality shall, in accordance with the law, conserve wild animal habitats, establish and improve the administrative system for the municipal list of wild animal habitats, and strengthen the protection, restoration and improvement of the environment of the wild animal habitats.

Article 12

The list of the wild animals under local priority conservation shall be drafted by the municipal wild animal conservation department, and undergo the scientific review and assessment organized by the Municipal People’s Government according to law, and shall be formulated and published only after obtaining the approval of the State Council wild animal conservation department.

The list of the wild animals under local priority conservation shall be subject to scientific review and assessment every five years, may be adjusted according to the results of the review and assessment, and may be adjusted in a timely manner according to the actual needs for wild animal conservation.

Article 13

The wild animal conservation department shall strengthen the application of information technologies, and, in accordance with the state and municipal provisions, organize or authorize relevant scientific research institutions to conduct survey, monitoring and assessment of the status of wild animals and their habitats on a regular basis, and establish and improve the archives of wild animals and their habitats.

Article 14

The municipal wild animal conservation department shall, jointly with the municipal departments of development and reform, planning and resources, ecology and environment, water affairs (ocean), transport, etc. as well as the relevant district people’s government, and according to the results of the investigation, monitoring and assessment, draw up a plan for conserving the wild animal habitats if it plans to include them in the municipal list of wild animal habitats. The plan for conserving the wild animal habitats shall include the implementing entity, location, area, targets, requirements for the restoration, guarantee measures, among others.

The wild animal conservation department and other relevant departments shall, according to the requirements of the plan for conserving wild animals and their habitats, adopt such measures as native vegetation, water ecology optimization, alien invasive species prevention and treatment, re-introduction of specific wild animals, to repair the degradation of the original state of wild animal habitats and improve the environment for wild animals.

Article 15

The municipal wild animal conservation department shall assess the result of the repair of the wild animal habitats. If these habitats conform to the plan for conserving wild animal habitats upon the assessment, they may be included in the municipal list of wild animal habitats and be published.

The municipal wild animal conservation department shall organize regular assessment of the municipal wild animal habitats, and adjust the list according to the assessment results, and may also adjust the list according to the actual needs.

Article 16

The municipal wild animal conservation department shall formulate the technical norms for the municipal wild animal habitats.

The district wild animal conservation departments shall, in accordance with the relevant provisions and the aforesaid technical norms, conduct proper maintenance and management of the municipal wild animal habitats within their own administrative area. A district wild animal conservation department may entrust an entity with the corresponding capability to maintain the habitats.

The district wild animal conservation departments shall set up protection signboards and necessary protective and monitoring facilities in the municipal wild animal habitats, and may set up science popularization facilities where necessary.

Article 17

Activities in the municipal wild animal habitats shall be conducive to the conservation, restoration and improvement of the environment for wild animals.

In the municipal wild animal habitats, such habitat-destroying activities as excavation for earth and obstruction of water sources are prohibited. It is also prohibited to destroy or damage the protective, monitoring and science-popularization facilities.

Article 18

In the light of the actual circumstances of the municipal wild animal habitats, special activities such as scientific investigation, popular science education, and nature sightseeing may be conducted. The wild animal conservation department shall strengthen their guidance and supervision over such activities, upgrade the ecological services of the municipal wild animal habitats, and promote synergetic development with the neighboring communities.

Article 19

The selection of sites and lines for airport, railway, highway, waterway, water conservancy and hydropower, wind power, photovoltaic power generation, cofferdams, sea reclamation, and other construction projects shall take into consideration the need to protect wild animals and their habitats, and avoid affecting nature reserves, other important wild animal habitats, national and municipal wild animal habitats, and migration routes of wild animals, If the avoidance thereof is truly impossible, measures shall be taken to reduce the adverse impacts on wild animals and their habits, and the wild animal conservation department shall render guidance.

Where a construction project may affect nature reserves, other important wild animal habitats, or wild-animal migration routes, it shall be implemented in accordance with the state provisions. Where a construction project may affect a municipal wild animal habitat, the department of planning and resources shall solicit the opinion of the municipal wild animal conservation department about the design scheme of the construction project.

Article 20

This Municipality shall enhance the capabilities of sheltering and rescuing wild animals. The wild animal conservation department shall, in accordance with the relevant state and municipal provisions, specify the wild animal sheltering and rescue institutions, and organize the wild animal sheltering and rescue work.

The wild animal sheltering and rescue institutions shall, according to the actual needs, build sheltering and rescue sites, provide the sites with the corresponding professional technicians as well as rescue tools, equipment, drugs, etc., and shelter and rescue the wild animals sent by entities and individuals as well as other wild animals that need sheltering and rescue. The information on the wild animal sheltering and rescue institutions and sites shall be published by the municipal wild animal conservation department.

The district wild animal conservation departments and wild animal sheltering and rescue institutions shall, according to the actual needs, organize institutions and individuals engaging in wild animal research and artificial breeding to participate, according to law, in the wild animal sheltering and rescue work, and strengthen their regulation and guidance over these institutions and individuals.

Where the sheltering and rescue work involves more than one district and needs assistance from another district, the wild animal conservation departments of the relevant districts shall conduct full consultation and active cooperation. Where necessary, the municipal wild animal conservation department shall provide overall coordination.

It is prohibited to trade in wild animals and their products in the name of sheltering or rescuing wild animals.

The release of sheltered and rescued wild animals back into the wild environment and the treatment of their dead bodies shall follow the relevant state and municipal provisions.

Article 21

This Municipality shall strengthen the protection of the genetic resources of wild animals.

In the case of the genetic resources of the wild animals that are indigenous to Shanghai and have very small population sizes, the municipal wild animal conservation department may, after organizing a review and assessment by an expert committee of wild animal conservation, adopt such measures as relocation, protection at the original place, re-introduction of wild animals, establishment of a resource library, etc., to give them priority protection.

Article 22

The municipal wild animal conservation department shall organize investigation and assessment of the harms caused by wild animals, and the investigation and assessment shall include such contents as the living areas of the wild animals, the harms they cause, the impact, analysis of the reasons, counter-measures for prevention and treatment, etc.

The district wild animal conservation departments shall, according to the results of the investigation and assessment, organize the work of prevention and protection against harms caused by wild animals, and guide the relevant entities and individuals to take scientific protective measures to effectively reduce the adverse impacts on personal and property safety, production, and ecological safety.

A district wild animal conservation department shall strengthen its guidance on the setting up of protective nets in farming and forestry production activities. Where entities and individuals want to set up protective nets in places such as farmland, aquaculture ponds and economic orchards, they shall file, within five working days, with the district wild animal conservation department about such information as the locations, quantities, materials and specifications of the nets.

It is prohibited to illegally hunt or catch wild animals in the name of agricultural and forestry production protection.

Chapter III  Wild Animal Management

Article 23

It is prohibited to illegally hunting, catching or killing wild animals.

Where it is necessary to hunt or catch any wild animals under state priority conservation for scientific research, population control, or monitoring of epidemic sources and epidemic diseases or other special reasons, an application for a special hunting or catching permit shall be filed in accordance with the law.

Whoever intends to hunt or catch any terrestrial wild animals of significant ecological, scientific or social value or wild animals under local priority conservation shall file with the district wild animal conservation department for a hunting license, and comply with the hunting quota management.

A hunter or catcher of wild animals shall hunt or catch wild animals in strict accordance with the species, quantity or quota, location, tools, means, and time limit as set forth in the special hunting or catching permit or the hunting license. After the completion of the hunting or catching, the hunter or catcher shall file the hunting or catching information with the wild animal conservation department that issues the special hunting or catching permit or the hunting license.

Article 24

This Municipality shall carry out categorical and hierarchical management of artificially bred wild animals in accordance with law, strictly protecting and scientifically utilizing wildlife resources.

To artificially breed wild animals under state priority conservation, one shall obtain an artificial breeding license according to law.

To artificially breed terrestrial wild animals of significant ecological, scientific or social value or wild animals under local priority conservation, one needs to file, one month in advance, with the district wild animal conservation department such basic information as the species, source, scale, purpose, site, and professionals for the artificial breeding as well as the artificial-breeding technology and facilities, epidemic prevention measures, and animal-escape prevention measures. To terminate the artificial breeding, one shall file with the original filing department about his plan of treating the wild animal, and treat it properly, and shall not discard it.

The municipal wild animal conservation department may, according to the needs of wild animal conservation and in the light of such factors as population density and harm prevention and control, designate certain areas where sites for artificially breeding terrestrial wild animals are prohibited. The municipal wild animal conservation department may, jointly with relevant departments, determine such specific areas and publish them.

Article 25

It is prohibited to eat wild animals under state priority conservation, terrestrial wild animals under state conservation and of significant ecological, scientific or social value, or other terrestrial wild animals. It is also prohibited to eat wild animals under local priority conservation.

It is prohibited to hunt, catch, trade in or transport the wild animals growing and reproducing naturally in the wild environment, as specified in Article 1 of these Regulations, for the purpose of eating.

It is prohibited to manufacture or operate foods made form the wild animals specified in Article 1 of these Regulations or from their products.

It is prohibited to illegally purchase wild animals specified in Article 1 of these Regulations or their products for the purpose of eating.

Article 26

Those who use wild animals for public display and performance shall comply with relevant state provisions,  adopt measures of safety management, and guarantee the health of the wild animals.

It is prohibited to feed wild animals growing and reproducing naturally in the wild environment.

When one discovers an abnormal population size of wild animals, he may report to the district wild animal conservation department, which shall organize necessary measures to provide protection.

Article 27

To release wild animals back into the wild environment shall comply with the relevant state and municipal provisions. If one irresponsibly releases wild animals harming personal safety, property or the eco-system, he shall assume the legal liability.

The wild animal conservation department shall, jointly with relevant departments, strengthen regulation and guidance on the release of wild animals into the wild environment.

Article 28

This Municipality shall establish a system of protective patrols for wild animals.

The municipal wild animal conservation department shall formulate the municipal guidelines for protective patrols for wild animals with focus on the distribution of wild animals and their habitats, the migration routes, and the areas with frequent illegal hunting, catching and trading of wild animals.

The relevant district people’s government shall, in the light of the actual circumstances of its administrative area, organize the formulation of a scheme of protective patrols for wild animals, specify the participating departments, division of responsibilities, frequencies of the patrols, priority areas to patrol, concrete handling measures, among others.

The district wild animal conservation department and other relevant departments shall, according to the scheme for wild-animal protective patrols, organize the execution of the patrols. During the peak migration periods of migratory birds, they shall reinforce the patrols in important areas such as migratory birds’ stopping places and winter habitats. The relevant entities and individuals shall render assistance and cooperation.

The entities operating and managing such places as green space, woodland, wetland, nurseries, parks, lakes and reservoirs shall reinforce the wild-animal protective patrols in their respective areas, and shall, upon finding illegal acts, dissuade and stop the actors and report to the wild animal conservation department.

Article 29

The municipal and district people’s governments shall establish a coordination mechanism for wild-animal joint law enforcement work, composed of the wild animal conservation departments and the departments of market regulation, public security, transport, planning and resources, ecology and environment, postal administration, urban management and law enforcement, etc. They shall periodically communicate with each other, and study major issues of wild animal conservation, strengthen coordination in clues transfer, inspection and appraisal, supervision and oversight, etc., increase punishment against illegal hunting, catching, trading, utilization, transport, carrying and mailing of wild animals and their products and against acts of destroying wild animal habitats.

Article 30

This Municipality shall promote digital transformation of wild animal conservation information. By relying on the Government Online-Offline Service platform and the Integrated Online Administration platform, the wild animal conservation departments and the departments of market regulation, public security, transport, planning and resources, ecology and environment, water affairs (ocean), education, postal administration, urban management and law enforcement, etc. shall strengthen their professional cooperation in sharing information such as the basic data about wild animal habitats, administrative licenses and administrative penalties, so as to enhance professional collaboration and upgrade the administrative efficiency of wild animal conservation.

Article 31

The wild animal conservation department and other relevant departments shall, according to the relevant state and municipal provisions, collect the credit information on the relevant entities and individuals onto the municipal public credit information service platform, and shall adopt the measures of incentivizing good credit and punishing bad credit.

Article 32

The associations of relevant industries such as catering service, breeding, advertising, e-commerce, express delivery, and convention and exhibition industry shall strengthen self-discipline, formulate self-discipline norms for their respective industry, conduct professional training, and urge member units to fulfill the requirements for wild animal conservation.

Article 33

Upon discovering illegal acts of violating wild animal conservation, any entity or individual may complain or report via such channels as the Citizens Service Hotline 12345 and the government websites.

Upon receipt of the complaint or report, the relevant department shall make timely verification and handling, and keep confidential the information about the complainant or reporter. If one has provided important clues about a major illegal act that is verified, he shall be rewarded according to the relevant provisions.

Chapter IV  Legal Liability

Article 34

For acts in violation of these Regulations, if the laws and administrative rules have already had the provisions, such provisions shall prevail.

Article 35

In the case of destructing wildlife habitats, such as excavation for earth or obstruction of water sources in a municipal wild animal habitat in violation of the provisions of Article 2 of these Regulations, the wild animal conservation department shall order corrections within a time limit, or order other remedial measures. For failure to make the corrections or take other remedial measures, a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed; in a serious case, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed

In the case of destroying or ruining the protective, monitoring or science-popularization facilities in a municipal wild animal habitat in violation of the provisions of Article 2 of these Regulations, the wild animal conservation department shall order corrections within a time limit. For failure to make the corrections within the time limit, a fine of not less than 500 yuan but not more than 5,000 yuan shall be imposed; where a loss is caused, compensation shall be made according to the law.

Article 36

In the case of failing to file the information, as required, about artificial breeding of wild animals under local priority conservation, or failing to submit the scheme of treating the wild animal after the termination of the artificial breeding activity, in violation of the provisions of Paragraph 3 of Article 24 of these Regulations, the wild animal conservation department shall order corrections within a time limit. For failure to make the corrections within the time limit, a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed.

In the case of setting up an artificial breeding site for terrestrial wild animals in a prohibited area in violation of the provisions of Paragraph 4 of Article 24 of these Regulations, the wild animal conservation department shall order closure of the site and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Chapter V  Supplementary Provisions

Article 37

These Regulations shall be effective as of October 1, 2023.