Хэвлэх DOC Татаж авах

LAW OF MONGOLIA

May 17, 2012 Ulaanbaatar city

 

ON ANIMALS

/Updated version/

 

CHAPTER ONE

GENERAL PROVISION

Article 1.Purpose of the law

1.1.The purpose of the law is to regulate relations concerning animals protection, breeding and proper use of its resources.

Article 2.Legislation on animals

2.1.The legislation on animals consists of the Constitution of Mongolia, the Environmental protection law, this law and other legislative acts adopted in accordance therewith.

2.2.Should an international treaty to which Mongolia is a party provides for other than this law, the provisions of the international treaty shall prevail.

Article 3.Scope of the law

3.1.This law shall regulate relations concerning protection, breeding of animals except livestock and domestic animals and proper use of its resources.

Article 4.Definitions of legal terms

4.1.The following terms used in this law shall be understood as follows.

4.1.1.Animals shall mean the provision in Clause 4 of Section 2 of Article 3 of the Environmental protection law;

4.1.2.Range shall mean areas where the particular animal dwells, migrates and where suitable conditions are provided for their inhabitation;

4.1.3.Very rare animals shall mean endangered animals whose number reduced drastically in their range as a whole or in most parts and resources for use are absent;

4.1.4.rare animals shall mean animals whose number reduced in their range and who are at risk of extinction;

4.1.5.Biotechnical measures shall mean activities aimed to improve inhabiting and feeding conditions for the animals;

4.1.6.Reintroduction shall mean activities to deliberately relocate and introduce endangered and rare animal species in areas where they inhabited in the past;

4.1.7.Game shall mean animals that have been traditionally hunted for use of its skin, fur, meat and other commodities and have hunting resources;

4.1.8.Game resources shall mean the number of game that can be hunted and trapped without affecting its normal growth and reproduction;

4.1.9.Game reserve shall mean location and range for animals that are designated to sustainably use and protect hunting resources;

4.1.10.herd structure of game shall mean age and sex ratio of animals in the herd;

4.1.11.hunting management plans shall mean a document that plans activities aimed at protection, sustainable use, and breeding of animals in the game reserve in the particular administrative and territorial unit carried out as part of the hunting measures to be implemented in certain stages in a comprehensive manner;

4.1.12.protection of animal resources shall mean comprehensive action including prevention of herd structure of animals from deterioration, appropriate use of animal resources without impacting possibility of their ability natural reproduction, protection from adverse impacts of natural disasters, fires, dangerous phenomenon, communicable diseases, and human activities, determination of causes of struggle for food and decrease, implementation of biotechnical measures, reintroduction, breeding and its monitoring;

/This paragraph was revised by the law of 02 February, 2017/

4.1.13.animal breeding shall mean rearing of offspring by taking possession of animals according to appropriate procedures and domestic breeding according to approved technology, norms, and standards;

4.1.14.hunting gun shall mean firearms that are different from military weapons in design, appearance and model, having capacity of one bullet in bolt and no more than four in bandolier of breech-loading gun and one in bolt and no more than five in bandolier of self-loading /semi-automatic/ gun;

4.1.15.sport hunting shall mean hunting and trapping without regard to animal organs in terms of specifications with the purpose of meeting one's need for hunting and trapping animals;

4.1.16.trophy hunting shall mean hunting and trapping for special fees with the purpose of obtaining animals organs with superior specifications;

4.1.17.animals with temporary prohibition of hunting and trapping shall mean animals that have been prohibited for hunting and trapping by competent authority stated in 5.2 and 5.3 of this law because conditions for its normal reproduction and inhabitation decreased, deteriorated or degraded although its hunting and trapping is not prohibited under law;

4.1.18.alien animals shall mean animal species relocated deliberately or unintentionally from over the border and are dwelling;

4.1.19.hunter shall mean a citizen who has hunting permit issued by aimag or capital city state administrative body in charge of environmental issues;

4.1.20.commodities of origin of game shall mean organs including skin, hide, fur, feathers, horns, heads, blood, fat, and oil;

4.1.21.hunting shall mean animal hunting and trapping according to the period, methods, devices, and license stipulated under law with the purpose of using commodities of origin of game;

4.1.22.hunting arrangement shall mean activities that study distribution, location, reserve, types, species, and number of heads, herd structure, and changes in game and determine game resources protection, appropriate use, breeding measures comprehensively;

4.1.23.game breeding entity shall mean a professional body engaged in game protection, breeding, proper use according to hunting management plan as stated in 30.3 of the Environmental protection law;

4.1.24.inherent right of animals shall mean state of freedom of animals to find its food, choose its habitat and range, be in heat, and procreate, to get used to herds, and be free from fear and mass destruction;

4.1.25.animals' ecological and economic value shall mean monetary value of animals estimated according to special methods evaluating habitat of animal species, its ecological, economic, legal, and social significances.

Article 5.Powers of the state and self-governing body concerning animal protection, breeding and proper use

5.1.The State Ikh Khural shall exercise the following powers concerning animal protection, breeding and proper use.

5.1.1.Determine the state policy on animal protection;

5.1.2.Set the maximum and minimum amount for game resource use fees;

5.1.3.Other powers stated in laws.

5.2.The Government shall exercise the following powers concerning animal protection, breeding and proper use.

5.2.1.Ensure implementation of the state policy on animal protection;

5.2.2.Restrict or prohibit use, import, and export of game resources temporarily on grounds stipulated in laws;

5.2.3.Include costs of animal resources protection and breeding measures in the current year's draft budget;

5.2.4.Approve the procedure of operation of the organization stated in 23.2 of this law;

5.2.5.Other powers stated in laws.

5.3.The state central administrative body /hereinafter to refer to as state central administrative body/ in charge of environmental issues shall exercise the following powers concerning animal protection, breeding and proper use.

5.3.1.provide professional management, coordination and technical advice nationwide for animal protection, introduction, breeding and proper use;

5.3.2.Approve hunting management plans of aimags having game resources and game breeding entities and monitor its implementation;

5.3.3.Develop ecological and economic value of animals for approval by the Government;

5.3.4.Prohibit hunting in particular game reserve or hunting and trapping of some game species for certain period considering herd structure condition, range, and resources;

5.3.5.Approve technology, norms, and standards concerning game resources protection, sustainable use and breeding;

5.3.6.Conduct monitoring and evaluation of changes in animal resources, set up animal database and provide information;

5.3.7.Approve pro forma template of management plan for citizens and legal entities engaged in animal protection instructions for its development;

5.3.8.Monitor expenditure of funds disbursed from the state treasury for animal resources protection and breeding and report on performance;

5.3.9.Issue animal hunting and trapping permit regardless of the period stated in 9.1, 9.2, 9.4-9.7 of this law with the purpose of conducting scientific work and disinfecting focus of communicable diseases.

5.4.The aimag or capital city citizen's representative's khural shall exercise the following powers concerning animal protection, breeding and proper use.

5.4.1.Ensure implementation of the state policy on animal protection in its jurisdiction;

5.4.2.Include costs of animal resources protection and breeding measures in the current year's draft budget;

5.4.3.Take certain game reserve into local protection with the purpose of protecting and breeding animal resources;

5.4.4.Approve plan on protection of rare and very rare animals in its jurisdiction and monitor its implementation;

5.4.5.Set sanctions and restrictions concerning use in its jurisdiction according to decision stated in 6.4.1 of this law.

Discuss information and report of the Governor concerning fauna protection and use;

5.4.7.Set the game reserve stated in 22.3 of this law;

5.4.8.Deliver animal resources reports to the state central administrative body;

5.4.9.Integrate measures on protection of animals inhabiting in the jurisdiction into the environmental protection program and implement;

5.1.10.other powers stated in laws.

5.5.The aimag or capital city Governor shall exercise the following powers concerning animal protection, breeding and proper use.

5.5.1.Ensure enforcement of laws concerning animal protection and decisions of the Government and the state central administrative body concerning its implementation;

5.5.2.Take measures stated in 6.1.3, 6.1.7-6.1.9, and 6.1.11 of this law in their jurisdiction;

5.5.3.Consolidate data of animal database for the relevant soum and district and submit to the state central administrative body;

5.5.4.Integrate measures on protection of animals inhabiting in the jurisdiction into the environmental protection program and implement;

5.5.5.Other powers stated in laws.

5.6.The aimag or capital city citizen's representatives' khural shall exercise the following powers concerning animal protection, breeding and proper use.

5.6.1.Approve plan on protection of animals in its jurisdiction and monitor its implementation;

5.6.2.Discuss soum or district Governor's report on animal protection;

5.6.3.Other powers stated in laws.

5.7.The soum or district Governor shall exercise the following powers concerning animal protection, breeding and proper use.

5.7.1.Integrate measures on protection of animals inhabiting in the jurisdiction into the environmental protection program and implement;

5.7.2.Issue animal possession and use permits to citizens and legal entities according to the procedure stated in this law;

5.7.3.Other powers stated in laws.

5.8.The aimag or capital city body in charge of environmental issues shall exercise the following powers concerning animal protection, breeding and proper use.

5.8.1.Develop proposition regarding types and number of game to be used annually based on game resources included in the approved hunting management plan and submit to the state central administrative body within October 15 of each year;

5.8.2.Ensure implementation of decisions made by competent authority regarding protection and breeding of animals and game resources;

5.8.3.Ensure implementation of the hunting management plan stated in 5.3.2 of this law;

5.8.4.Set up animal and game database in their jurisdiction and provide information to the aimag or capital city Governor.

CHAPTER TWO

ANIMAL PROTECTION

Article 6.Forms of animal protection

6.1.Animals shall be protected through the below-mentioned forms.

6.1.1.Set sanctions and restrictions for animal use;

6.1.2.Register very rare and rare animals in Red book of Mongolia and appendices of other relevant agreements and conventions;

6.1.3.Retain normal growth of animals, protect its range, and ensure that its migration paths are free;

6.1.4.Protect gene pool of animals and retain its embryo;

6.1.5.Determine animal resources and regulate its use;

6.1.6.Reintroduce animals;

6.1.7.Prevent animal extinction during industrial and business activities;

6.1.8.Take biotechnical measures;

6.1.9.Provide aid to animals that are sick, sustained natural disasters or other danger dangerous phenomenon, and protect;

/This paragraph was revised by the law of 02 February, 2017/

6.1.10.conduct scientific work aimed at developing justifications for animal protection measures;

6.1.11.educate citizens in compassion towards animals and promote animal protection activities through mass media.

6.2.The state central administrative body shall implement activities stated in 6.1.1-6.1.6, 6.1.10, and 6.1.11 of this law, professional environmental body shall implement activities stated in 6.1.6-6.1.9, and citizens and legal entities shall implement those stated in 6.1.7-6.1.9 respectively.

Article 7.Protection of very rare and rare animals

7.1.The very rare animals shall include Gobi Bear /Ursus arctos gobiensis/, Wild camel /Camelus bactrianus ferus/, Przewalski horse /Equus ferus Przewalskii/, Reindeer /Rangifer tarandus/, Snow leopard /Uncia uncial/, Musk deer /Moshus moshiferus/, moose /Alces alces/, saiga /Saiga tatarica/, otter /Lutra lutra/, Asian beaver /Castor fiber/, forest dormouse /Dryomos nitedula/, Three-toed jerboa /Stylodipus sungorus/, Dalmatian pelican /Pelicanus crispus/, reed parrotbill /Paradoxornis heudei/, Siberian crane /Grus leucogeranus/, Amur sturgeon /Acipenser schrenckii/, tench /Tinca tinca/, dhole /Cuon alpinus/, Siberian moose /Alces alces pfizenmayeri/, Ussuri moose /Alces alces cameloides/, saiga antelope /Saiga tatarica/, Mongolian saiga /Saiga borealis/, Altai mole /Talpa altaica/, Alashan ground squirrel /Citellus alaschanicus/, Tamarisk Gerbil /Meriones tamariscinus/, Small five-toed jerboa /Allactaga elater/, white-headedduck /Oxyura leucocephala/, Short-toed snake eagle /Circaetus gallicus/Greater spotted eagle /Aguilla clanga/, Band-tailed fish eagle /Aguilla clanga/, Relict gull /Larus relictus/.

7.2.The very rare animals may be hunted or trapped with permission of the state central administrative body with the purpose of conducting scientific work only.

7.3.It shall be prohibited to sell or purchase skins, bones and other commodities of the very rare animals for purposes other than those stated in 7.2 of this law.

7.4.The Government shall decide on issues of establishing heavy industries, power plants and chemical plants, laying railways, mining and engaging in crop production in the habitat of the very rare animals based on findings of environmental impact assessment.

7.5.The rare animals may be hunted or trapped in the following cases with the license issued by the state central administrative body.

7.5.1.for research, cultural, arts and treatment purposes;

7.5.2.Citizens of Mongolia or foreign countries paid special fees;

7.5.3.For the purposes of regulating herd structure of animals in certain territories and disinfecting focus area of communicable diseases.

7.6.The Government shall approve the list of rare animals and procedure on issue of permits for hunting and trapping of the rare animals.

Article 8.Animal reintroduction

8.1.The professional bodies may engage in animal reintroduction pursuant to the permit issued by the state central administrative body based on conclusions made scientific body.

8.2.The professional bodies shall reintroduce animals according to the methods approved by the state central administrative body.

Article 9.Period of prohibition for hunting and trapping of game

9.1.It shall be prohibited to hunt or trap game during the below-mentioned period for household or special purposes.

9.1.1.from December 1 of every year to August 31 of the following year for roe deer, Mongolian gazelles, and wild boars;

9.1.2.From February 11 of every year to November 20 of the following year for sables, beech martens, raccoon dogs, lynx, wolverines, foxes, Corsac foxes, red squirrels, Siberian weasel, minks, skunks, Pallas's cat, common weasels, ermines, hares, brown hares;

9.1.3.from October 16 of every year to August 20 of the following year for long-tailed susliks and marmots;

9.1.4.from February 01 of every year to November 15 of the following year for muskrats;

9.1.5.from November 15 of every year to January 31 of the following year for badgers.

9.2.It shall be prohibited to hunt birds and catch fish for household and special purposes during the below-mentioned period.

9.2.1.from March 15 of every year to October 31 of the following year for hazel grouses, Daurian partridges, chukar partridges, Gobi sand grouses, black grouses, and common wood-grouses;

9.2.2.from April 20 of every year to August 31for geese, ducks and other game birds of swamps, from October 20 to March 31 of the following year;

9.2.3.from August 01 of every year to October 20 of the following year for Darkhad whitefish;

9.2.4.from May 15 of every year to August 01 of the following year for Buir lake fish;

9.2.5.from August 30 of every year to October 30 of the following year for omul;

9.2.6.from September 05 of every year to January 30 of the following year for groats;

9.2.7.from June15 of every year to August 31 of the following year for Altay Osman;

9.2.8.From April 1 to June 15 of every year for fish other than those stated in 9.2.3-9.2.7 of this law.

9.3.The state central administrative body shall approve the list of game birds based on proposition of scientific body.

9.4.The period of prohibition for hunting and trapping of rare animals for special purpose shall be set pursuant to provision of 9.7 and 9.7 of this law.

9.5.The periods stated in 9.1, 9.2 and 9.4 of this law may be ignored in case of game animals hunting and trapping with the purpose of research, analysis, and disinfection of communicable diseases.

9.6.The period of prohibition for hunting and trapping of game animals other than those stated in 9.1, 9.2, 9.4, and 9.5 of this law shall be set by the state central administrative body based on proposition of scientific body.

9.7.It shall be prohibited to hunt the rare animals hunted on grounds stated in 7.5 of this law for the purpose of trophy hunting during the below-mentioned period.

9.7.1.from October 01 of every year to June 30 of the following year for male wild sheep;

9.7.2.from October 16 of every year to July 14 of the following year for male mountain goats;

9.7.3.from November 01 of every year to August 31 of the following year for gazelles;

9.7.4.from September 30 of every year to June 30 of the following year for red deer.

9.8.It shall be prohibited to trap the rare animals alive trapped on grounds stated in 7.5 of this law for the special purposes except for research and analysis during the below-mentioned period.

9.8.1.From October 20 of every year to August 20 of the following year for female wild sheep and mountain goats;

9.8.2.from October 15 of every year to July 15 of the following year for gazelles;

9.8.3.from October 20 of every year to June 20 of the following year for red deer;

9.8.4.from November 15 of every year to June 20 of the following year for saker falcons;

9.8.5.from November 01 of every year to October 01 of the following year for golden eagles;

9.8.6.from October 30 of every year to June 15 of the following year for taimen.

Article 10.Methods and weaponry prohibited for hunting and trapping of game

10.1.It shall be prohibited to hunt or trap game with the below-mentioned methods and weaponry.

10.1.1.Use of chemical and explosive substances and blasting devices;

10.1.2.Dig a hole, cock a gun, and set a trap or a trip-bow on paths of game;

10.1.3.Submerse in snow, slip on ice, force to fall over the edge of precipices, river banks, and ravines and set a trap to hunt hoofed animals;

10.1.4.Smoke marmots and pour water in their holes, set a trap, and set dogs deliberately;

10.1.5.Chase or spotlight game with air devices or vehicles;

10.1.6.Use guns, torches, electric current, enclosures, guards, and sweep-nets to catch fish;

10.1.7.Use nets to catch fish for household need;

10.1.8.Use non-hunting guns and bullets;

10.1.9.Go fishing in all types of boat in rivers.

Article 11.Prohibition of some game hunting and trapping activities

11.1.It shall be prohibited to conduct the following game hunting and trapping activities.

11.1.1.Hunt or trap game that are unable to defend itself having sustained natural disasters including storm, droughts, harsh winter, flood, hail, and fire or stuck in rivers and swamps;

/This paragraph was revised by the law of 02 February, 2017/

11.1.2.Intercept animals that come to springs and salt marsh;

11.1.3.Hunt or trap game that relocate to other areas;

11.1.4.Dig or damage lairs and winter lairs of game;

11.1.5.Damage and destroy enclosures and shelters, food and other facilities designed for protection and breeding of game;

11.1.6.Shoot game at a guess without properly identifying or through sound;

11.1.7.Hunt offspring of game, collect, damage and destroy bird eggs;

11.1.8.Transfer hunting guns, game hunting agreements, licenses and permits to others;

11.1.9.Bring in marmots, ground squirrels, its raw meat, and wet or raw skin to cities and villages;

11.1.10.hunt or trap game with the purpose except for research, disinfection of focus areas of communicable diseases and regulation of number of heads of animals;

11.1.11.dimension of cells of all types of fish net for industrial purpose to be less than 50 x 50;

11.1.12.hunt or trap game in the territory of aimag, capital city, soum and district that have not had its hunting arrangement implemented by competent professional body within the period stated in law;

11.1.13.sell or purchase commodities of origin of game animals prohibited for hunting.

Article 12.Prohibition of sale and purchase of commodities of animal origin

12.1.It shall be prohibited to sell or purchase animals and commodities of origin of the former that have not received certificate stated in 25.3 of this law.

CHAPTER THREE

ANIMAL OWNERSHIP, POSSESSION, USE AND HUNTING

Article 13.Animal ownership

13.1.Commodities of game produced within the amount specified in hunting or trapping permit, agreement or license with fees paid in full shall be property of the person who produced it unless stated in law or agreement otherwise.

Article 14.Animal possession

14.1.Citizens and legal entities may possess animals other than very rare ones based on agreements containing certain terms and conditions with the purpose of protecting, breeding and using it.

14.2.The Government shall approve the animal possession procedure and aimag or soum citizen's representatives' khural shall resolve it.

Article 15.Forms of animal use

15.1.Use of any useful properties of animals as provisioned in laws and agreements without damage to it shall be termed as animal use.

15.2.Animals may be used in the below-mentioned forms.

15.2.1.use for scientific work, culture and arts and ethics purposes;

15.2.2.Use beneficial qualities of life function including soil generation, natural cleansing, and plant pollination;

15.2.3.use with the purpose of obtaining products of life function.

15.3.The state central administrative body shall approve other forms of animal use.

Article 16. Use of animals for the purposes of research, analysis, culture, arts, and ethics

16.1.Use of animals for the purposes of research, analysis, culture, arts, and ethics /observation, marking, drawing, and photography/ shall be carried out without damaging its and endangering its habitat.

Article 17.Use of beneficial qualities of animal life function

17.1.Use of beneficial quality of animal life function including soil generation, environment cleansing, and plant pollination shall be carried out without damaging the animals.

17.2.The permit for use of animals in the forms stated in 16.1 and 18.1 of this law shall be issued by soum or district Governor.

Article 18.Use of animals for the purpose of obtaining products of animal life function

18.1.Use of animals with the purpose of obtaining its products of life function /honey, wax, antlers, musk etc./ shall be carried out without damage to its health, torture, and endangering its habitat.

18.2.Domestic breeding and use of rare animals for the purpose of production of medicinal and other commodities shall be carried out with permission of the state central administrative body.

18.3.Selection can be carried out in order to increase yield when performing domestic breeding of animals.

Article 19.Grounds to revoke animal use permit

19.1.The animal use permit shall be revoked in the following cases.

19.1.1.There is no requirement to use animal or there is refusal to use it

19.1.2.Expiry of the animal use agreement period

19.1.3.Failure to pay fees stated in laws

19.1.4.Dissolution of legal entity that was issued animal use permit

19.1.5.Breach of laws and agreements concerning animal protection and use

Article 20.Animal collection

20.1.Animal collection shall include animals hunted for the purpose of science and cognition and stuffed animals, hides, fur, bones and other items of animal origin.

20.2.The state central administrative body shall issue permit for collection of rare animals to citizens and legal entities.

20.3.The state central administrative body shall issue permit to export animal collection abroad to citizens and legal entities pursuant to agreements to which Mongolia is a party.

Article 21.Involvement of citizens, partnerships and professional and nongovernmental animal protection bodies in animal resources protection

21.1.Citizens with hunting permit shall meet the following requirements.

21.1.1.Pay hunting and trapping fees and permit fees;

21.1.2.Comply strictly with game hunting and trapping periods stated in Article 9 of this law;

21.1.3.Refrain from using methods and weaponry prohibited under Article 10 of this law when hunting and trapping animals;

21.1.4.Ensure that the animals for hunting is within the number of heads of animals permitted for hunting during the current year in the game reserve of the particular soum or district;

21.1.5.Obtain guidance from soum or district ranger regarding the game reserve where he would be hunting;

21.1.6.Catch rare game fish with fishhook having only one branch shank and point without barb using artificial bait and release.

21.2.Hunting permit of the citizen who failed to meet the requirements stated in 21.1.1-21.1.6 of this law shall be confiscated pursuant to procedure stated in 24.2 of this law and revoked.

21.3.Partnerships and legal entities shall exercise the following powers concerning game resources protection.

21.3.1.Use and possess sustainably game resources in the game reserve they are responsible pursuant to agreement and within the scope of law;

21.3.2.Comply with procedure stated in Articles 50 and 51 of the Environmental protection law concerning game resource protection, use and possession.

21.4.Professional body aimed at protecting game resources shall exercise the power concerning game resources protection.

21.4.1.Carry out game resources count, registration, and hunting arrangement at the order as well as with funds of citizens and legal entities and develop their hunting management plans;

21.4.2.Make professional conclusions concerning game resources protection, sustainable use and breeding;

21.4.3.Provide professional and technical advice, training and education to legal entities, develop and implement projects and programs concerning game resources protection, sustainable use and breeding;

21.4.4.be responsible for accuracy of one's performed work and report to the state central administrative body on its activities in writing;

21.4.5.Disinfect focus areas of communicable diseases in hunting areas as stated in 35.4 of this law.

21.5.Nongovernmental organizations aimed at protecting animal resources shall exercise the following rights and obligations concerning game resources protection.

21.5.1.Demand public monitoring of enforcement of legislation on animals and elimination of identified discrepancies and raise the issue with competent authority if required;

21.5.2.Convey one's proposal concerning enforcement of legislation on animals to the relevant government body and citizen's representatives' khural as well as citizen's public khural and Governor of relevant level;

21.5.3.Conduct training on game resources protection, sustainable use and breeding and provide support to partnerships and legal entities to develop hunting management plans;

21.5.4.Promote propriety, customs and national tradition and laws on care for animals.

21.6.The state central administrative body may delegate certain duties of state executive body concerning animal protection to nongovernmental organizations aimed at animal resources protection and fund its implementation based on agreement pursuant to Section 2 of Article 32 of the Environmental protection law.

Article 22.Game animals pool, ownership and possession of its locality

22.1.The game animal pool shall consist of native, introduced or migratory game mammals, birds and fish in the territory of Mongolia.

22.2.The game animal locality shall include land, forest and water having conditions conducive to inhabitation of game animals.

22.3.Soum or district citizen's representatives' khural shall determine the game reserve for animal hunting and trapping in the game animal range based on hunting management plan stated in 5.3.2 of this law.

22.4.Citizens and legal entities may possess certain part of game reserve with the purpose of protecting game animal resources, using sustainably and producing commodities of origin of game.

22.5.The agreement stated in 22.4 of this law may be established initially for a period of one year with the purpose of ensuring suitable preparation and for up to 30 years in future with interval of ten years.

22.6.The possessor of certain part of the game reserve stated in 22.4 of this law shall take measures to sustainably use, protect and breed game resources in its possession according to the hunting management plan.

22.7.Citizens may breed game animals domestically according to technology, norms and standards stated in 5.3.5 of this law in the areas they possess or own and in case of legal entities in the areas they possess.

Article 23.Hunting arrangement, its funding and determination of ecological and economic value of animals

23.1.The hunting arrangement report, conclusions and the hunting management plan stated in 5.3.2 of this law shall have the game reserve area and boundaries set for aimags, the capital city, soums and districts.

23.2.Professional body authorized by the state central body shall perform the hunting arrangement.

23.3.Aimag, capital city, soum and district Governor shall ensure that its hunting arrangement is carried out in their relevant territories every five years and conduct census annually in case industrial hunting is carried out.

23.4.The hunting arrangement shall be funded in the following manner.

23.4.1.costs of the hunting arrangement is to be born from the state treasury and game resources use fees pursuant to provision in 18.1 of the Natural resources use fees law;

23.4.2.costs of the hunting arrangement carried out in the game reserve where citizens and legal entities possess and use under agreement is to be born from own funds.

23.5.The Government shall determine the ecological and economic value of animals based on proposition of the state central administrative body.

Article 24.Rights and purposes of game animals hunting and trapping

24.1.Hunting permit shall be issued to citizens who is knowledgeable about game animals’ life, biology, traditional hunting culture, skilled at hunting and trapping and meet relevant requirements.

24.2.Members of the Cabinet in charge of legal, environmental and educational issues shall approve procedure concerning issue, confiscation, and revocation of hunting permit.

24.3.Game animals shall be hunted and trapped for the purposes.

24.3.1.Industrial

24.3.2.Household

24.3.3.Special

Article 25.Game animal hunting and trapping permission

25.1.Citizens shall receive pass for animal hunting or trapping for household purpose and citizens and legal entities shall obtain license for animal hunting and trapping for special purposes and shall enter into agreement to hunt or trap animals for industrial purposes.

25.2.The state central administrative body shall approve templates of agreement, pass and license for game animal hunting and trapping.

25.3.Soum ranger shall issue certificate of origin /hereinafter to refer to as certificate/ to citizens, business entities and organizations who sell animals and commodities of animal origin.

25.4.The state central administrative body shall approve template of the certificate stated in 25.3 of this law, procedure on its issue, list of animals and commodities of animal origin entitled to issue of the certificate.

25.5.Soum or district Governor may issue permission for game animal hunting or trapping in the relevant territory within the number of game animals stated in 26.2 of this law.

Article 26.Setting of the number of game animals for hunting and trapping

26.1.The state central administrative body shall set the maximum limit of the number of game animals hunted or trapped for industrial or household purposes in the current year for each aimag and the capital city considering game animal resources and demand stated in 5.3.2 and 5.8.1 of this law.

26.2.Aimag and capital city citizen's representatives' khural shall set the maximum limit of the number of game animals hunted or trapped in its territory within the maximum limit stated in 26.1 of this law for each soum and district.

26.3.The Government shall set the number of game animals hunted or trapped for special purposes in the current year based on proposition of the state central administrative body.

Article 27.Hunting and trapping of game animals for industrial purpose

27.1.Soum Governor shall enter into agreement on hunting and trapping of game animals for industrial purpose with legal entity that meets the following conditions.

27.1.1.Decision of the soum citizen's representatives' khural;

27.1.2.Have professional personnel and hunters;

27.1.3.Have plans on game animal protection and breeding measures and financial ability to fund it.

27.2.The agreement on game animal hunting and trapping for industrial purpose stated in 27.1 of this law shall include names and number of game animals hunted or trapped, hunting period, place, as well as types and number of commodities to be produced, amount of fees.

Article 28.Hunting and trapping of animals for household purpose

28.1.The citizens specified in 21.1 of this law may hunt or trap animals other than rare game animals for their own household purpose having paid relevant fees and according to the pass obtained from soum Governor.

28.2.Family name, surname and name of the citizen, species and number of game animal to be hunted or trapped, hunting and trapping period and place, amount of fees shall be stipulated in the pass for hunting and trapping game animals for household purpose.

28.3.Single pass for hunting and trapping game animals for household purpose shall be issued to citizens of Mongolia for the following periods.

28.3.1.up to three days for hunting birds and marmots and catching fish;

28.3.2.Up to five days for hunting and trapping game animals other than those stated in 28.3.1 of this law.

28.4.The number of game animals permitted for the citizen stated in 28.3 of this law to hunt and trap with single pass shall be no more than one hoofed animal, five marmots, one fur bearing animal, ten hazel grouses, partridges, and sand grouses each, five other game birds of forest, steppe, rivers and swamps, and ten pieces of other game fish.

28.5.Temporary or permanent foreign residents in Mongolia may pay the same amount of fees and catch only fish for household purpose.

Article 29.Hunting and trapping of animals for special purpose

29.1.The state central administrative body shall issue game animal hunting and trapping license for the purpose specified in 24.3.3 of this law to citizens who have paid special fees.

29.2.The license for hunting and trapping game animals for special purpose shall be of the following types.

29.2.1.Scientific, cultural and arts, and treatment purposes;

29.2.2.Sport hunting and trophy hunting by citizens;

29.2.3.for regulation of herd structure of game animals in the territory and disinfection of focus areas of communicable diseases.

Article 30.Order and expenditure for hunting guns and bullets

30.1.The general policy authority shall plan and implement foreign order and distribution of hunting guns and bullets based on the maximum limit of the number of game animals to be hunted in the current year as approved by the state central administrative body.

30.2.Competent authority shall monitor and arrange hunting guns and bullets order and sale according to relevant laws.

CHAPTER FOUR

ANIMAL DATABASE, PAYMENT AND FUNDING

Article 31.Animal database

31.1.The animal database shall consist of the following information.

31.1.1.Animal range, resources and its value;

31.1.2.Animal research reports and data;

31.1.3.Animal collection and embryo kept in laboratories;

31.1.4.Information on measures of animal protection, breeding and use;

31.1.5.Map showing range and density of game animals for aimags and capital city.

31.2.The Environmental protection law shall regulate relations concerning setup of the animal database.

Article 32.Animal use fees, game animal hunting and trapping fees

32.1.Citizens and legal entities shall pay fees to use animals, hunt, or trap game animals.

32.2.Amount of the fees for animal hunting, trapping and use and procedures on its payment, reduction and waive of fees shall be determined under law.

Article 33.Funding for animal protection measures

33.1.The animal protection measures shall be funded with the state or local treasury, support from citizens and legal entities, international aid and donation.

33.2.Costs of determination of distribution and protection of very rare and rare animal resources shall be funded from the state treasury.

33.3.Measures of protection of animals other than the very rare ones shall be funded in the below-mentioned manner.

33.3.1.Measures to protect and breed animals of the area where citizens and legal entities use and possess under agreement shall be funded with funds of the particular user and possessor.

33.3.2.Citizens and legal entities that use animals shall fund measures to protect and breed it with own funds.

CHAPTER FIVE

MISCELLANEOUS

Article 34.Respect and compassion for inherent rights of animals

34.1.Inherent rights of the animals shall be respected and treated with compassion when owning, possessing, using and hunting it.

34.2.Means, devices, containers that meet health and safety requirements, suitable time, and designated equipped vehicles shall be used and specialized persons shall be employed to hunt, trap, release, nurse, and transport animals.

34.3.It shall be prohibited to release animals in case it has been under selection and its genes have been modified with the purpose of increasing its yield during its domestic breeding.

Article 35.Regulation of the number of heads of animals

35.1.Measures to regulate the number of heads of certain animals may be taken with the purpose of ensuring balance of nature, protecting health of population and their security, disinfecting focus areas of communicable diseases, preventing spread of diseases among livestock and domestic animals and damage to legal entities.

35.2.Measures to regulate the number of heads of animals shall be taken without damage to other animal species and endangering its habitat, normal growth and reproduction.

35.3.The state central administrative body shall grant permission to cull rare animals with the purpose of regulating the number of its heads based on conclusions made by scientific body for implementation by professional body.

35.4.Relevant professional bodies shall combat animal species that spread plagues, rabies and other communicable diseases that are extremely dangerous to human and animal health, cause damages to the environment, and prevent it.

Article 36.Export and import of animals to foreign countries

36.1.The Government shall grant permission to export very rare animals alive to foreign countries pursuant to international agreements to which Mongolia is a party.

36.2.The state central administrative body shall approve procedure on import of animals other than those stated in 36.1 of this law, animal origin commodities, and samples of research to foreign countries.

36.3.The state central administrative body shall approve procedure on import of animals from foreign countries.

36.4.It shall be prohibited to introduce and breed alien animals without permission of the state central administrative body.

36.5.Member of the Cabinet in charge of environmental issues shall approve procedure on use of alien animals.

Article 37.Compensation for damages to animal resources

37.1.Guilty persons shall be subject to compensate for damages to the fauna caused due to breach of legislation on animals.

37.2.The amount of compensation for damages to the fauna shall be set by increasing two-fold the ecological and economic value of animals set by the Government.

37.3.Persons who collected, sold, purchased, attempted to import animals and commodities of its origin that have not obtained certificate specified in 25.3 of this law shall be considered in the same way as having hunted or trapped it and shall be liable to compensate.

37.4.Persons who hunted animals exceeding the amount specified in the hunting pass and agreement or who hunted without permission shall be liable to compensate.

Article 38.Provision of incentives to citizens who disclose and report breaches

38.1.Soum or district Governor shall provide monetary reward to a citizen at 15 percent of the amount of fine and compensation imposed on the offender in case he/she identifies the offender of the legislation on animals, provided assistance to identify or provided information on the former and the information has been confirmed.

Article 39.Liabilities for violation of law

39.1.Unless the issuance of permit, certificate breaching this law is subject to the criminal liability, official shall be held liable under the Law on Public Service.

39.2.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal Law or Law on Offence.

/This Article has been revised by the law of 04 December, 2015/

 

 

SPEAKER OF THE PARLIAMENT OF MONGOLIA D.DEMBEREL