Regulations Governing Commercial Wildlife Raising and Breeding
1.中華民國八十五年十二月三十一日行政院農業委員會(85)農林字第 5 139916A 號令訂定發布全文 15 條 2.中華民國八十八年十月二十日行政院農業委員會(88)農林字第 88030 711 號令修正發布第 10 條條文 3.中華民國八十九年十一月十五日行政院農業委員會(89)農林字第 890 031084 號令修正發布第 3 條條文;並刪除第 4 條條文 4.中華民國一百零三年十二月九日行政院農業委員會農林務字第 1031701 217 號令修正發布名稱及全文 22 條;並自一百零四年二月四日施行 (原名稱:營利性野生動物飼養繁殖管理辦法;新名稱:營利性野生動 物飼養繁殖買賣加工管理辦法) 中華民國一百十二年七月二十七日行政院院臺規字第 1125014346 號公 告第 3 條第 2 款、第 16 條第 2 項所列屬「行政院農業委員會」 之權責事項,自一百十二年八月一日起改由「農業部」管轄
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These Regulations are enacted pursuant to the provision of the second paragraph of Article 36 of the Wildlife Conservation Act (hereinafter "Act ").
Except as specially provided by law, commercial wildlife raising and breeding shall be governed by these Regulations.
1An application for approval of the establishment of a commercial wildlife raising and/or breeding farm shall be filed by the applicant who shall fill out the application form and submit it with the following documents and information to the local municipal, county (city) competent authority:
21. The name, address and identification document of the owner of the subject wildlife and the responsible person of the farm to be established;
32. The name, address, brief location map and area of the farm;
43. The source, quantity, species of the subject wildlife (including the Chinese or English name and scientific name, and, where necessary, the name of the subspecies), and the proposed action plan with respect to the wildlife remaining in the farm after the business operation of the farm is suspended or terminated;
54. Qualification document of the staff conducting the raising and/or breeding work proving that such staff
6(1) is a vocational high school graduate (or above) who majored in the science of animal husbandry, fishery, or other animal-related subjects;
7(2) took the relevant special training course for a period of one month or more on animal husbandry, fishery, animals, conducted by a competent authority or the entity entrusted to do so and obtained a certificate of completion of course; or
(Repealed.)
1The approval license provided in Article 3 shall indicate the following matters:
21. The name, address and area of the raising and/or breeding farm;
32. The name, address and identification number of the responsible person of the farm;
43. The species of the subject wildlife (including the Chinese or English name or scientific name, and, where necessary, the name of the subspecies);
54. The validity term, and
65. The issuance date and reference number of such approval.
7The validity term of the approval license provided in subparagraph 4 of the preceding paragraph shall not be more than five years and may be extended on application for a term of not more than the original approved validity term; the application for extension must be filed within the period of four months prior to the expiration of the current validity term.
1The municipal, county (city) competent authority shall keep an approval registration book which shall indicate the following matters:
21. The name, address, area and required facilities of the raising and/or breeding farm;
32. The name, address and identification number of the responsible person of the farm, and the work experience and qualifications of such responsible person or manager of the farm;
43. The species and quantity of the subject wildlife (including the Chinese or English name and scientific name, and, where necessary, the name of the subspecies);
54. The issuance date, reference number and validity term of the approval license;
65. Record of suspension, termination and resumption of business operation of the farm and other changes which must be registered;
76. The issuance date, reference number, and the cause and date of revocation of the business licenses; and
87. Other matters registered.
1The change of registration, or suspension, termination or resumption of business operation of the commercial wildlife raising and/or breeding farm shall be filed for registration by the applicant who shall fill out the application form and submit it with the relevant documents and information to the original license issuing competent authority which shall,
21. in cases of termination of business operation, cancel the approval license;
32. in cases of suspension of business operation, indicate in the approval license returned the date of suspension;
43. in cases of resumption of business operation, indicate in the approval license the date of resumption of business and return it to the applicant;
54. in cases of a change of registration, update the registration record. The original license issuing competent authority shall cancel the approval if the farm is to move into another administration territory; in such case, a new application for approval of establishment must be filed in accordance with the provision of the first paragraph of Article 3.
6Where the subject matter of change of registration filed for in accordance with the first sentence of subparagraph 4 of the preceding paragraph involves architectural addition or alteration of the farm, or change of the species of the subject wildlife, or the relocation of the farm within the same administration territory, an application for approval thereof must be filed in advance with the original license issuing competent authority in accordance with the provisions of the preceding paragraph. The other changes, and the matters provided in subparagraphs 1 through 3 of the preceding paragraph must be filed for registration in accordance with the provision of the preceding paragraph within one month of the occurrence of such change or matter.
1The responsible person of a commercial wildlife raising and/or breeding farm shall complete the construction of the farm within one year after obtaining the approval of establishment and send a written notice to the local municipal, county (city) competent authority within one month thereafter.
2The competent authority shall dispatch personnel to inspect the commercial wildlife raising and/or breeding farm as established and the responsible person or manager of such farm must not evade, obstruct or refuse such inspection.
1The breeding of the subject wildlife shall be conducted without altering the sterling breed of the species. Crossbreeding, if any, must be filed for approval in advance by the responsible person of the breeding farm who shall fill out the application form and submit it to the local municipal, county (city) competent authority with the following documents and information:
21. The proposed crossbreeding plan;
32. The name, address, identification number and work experience and qualifications of the person carrying out the crossbreeding plan;
43. The species and quantity of the subject wildlife to be used for crossbreeding (including the Chinese or English name and scientific name, and, where necessary, the name of the subspecies);
54. The method of breeding;
65. The method to deal with the product animal and an explanation of the ecological impact and impact on the safety of humans and animals.
76. Other documents and information designated by the competent authority.
1The responsible person of a commercial wildlife raising and/or breeding farm shall file a report of information regarding the species of the subject wildlife and the quantity thereof with the original license issuing competent authority in May and November each year (including the Chinese or English name and scientific name).
2The municipal, county (city) competent authority shall consolidate and compile the information provided in the preceding paragraph and file the same with the National Principal Authority ("NPA") in June and December each year.
1Raising and/or breeding farms of the designated wildlife announced in accordance with Article 55 of the Act which have been operated for profit-seeking purposes before these Regulations come into force shall be filed to the local municipal, county (city) competent authority for approval of establishment in accordance with these Regulations within two months from the day when these Regulations come into force.
2Raising and/or breeding farms of wildlife which is subsequently added to the list of the announced designated wildlife provided in the preceding paragraph shall be filed for approval of establishment or change of registration in accordance with these Regulations within two months from the day when such addition is announced.
1The applicant for the approval provided in the second paragraph of Article 3 shall pay the formality charge.
2The municipal, county (city) competent authority shall collect the formality charge in accordance with the budgeting procedure; the rates of such charge shall be prescribed by the municipal, county (city) competent authority.
The forms of the documents and licenses designated in these Regulations shall be prescribed by the NPA.
1Commercial wildlife raising and/or breeding farms which are not filed for approval of establishment in accordance with these Regulations shall be imposed fines in accordance with subparagraph 6 of the first paragraph of Article 49 of the Act and ordered to be filed for approval of establishment in accordance with these Regulations within the designated period.
2In addition to acting in accordance with the provision of the preceding paragraph, the competent authority shall order the commercial wildlife raising and/or breeding farm in violation of these Regulations to rectify its act within the designated period and, when such farm fails to do so, notify the competent authority of corporate or commercial registration to act accordingly in accordance with the Company Law or Commercial Registration Act.
These Regulations shall come into force on the day of promulgation.
8(3) has five years of practical experience or more in performing work on site and such is certified by the administration office of the hsiang (town, city, district) concerned.
95. A statement explaining the facilities of the farm, including the architecture, environment-protecting, safety and escape-preventing facilities.
106. Other documents and information designated by the municipal, county (city) competent authority.
11The municipal, county (city) competent authority concerned shall examine the information provided in the preceding paragraph in writing and/or conduct necessary on-site inspection before issuing the approval license.
12The applicant shall apply for the business licenses with the approval license provided in the preceding paragraph.