Are Chengjiang biota fossils legal

[Raptor9468]

I wanted to add a bit of cambrian fossils to my collection. So I did some research on ChengJiang biota protection and the fossil laws of China(As of updated to 2019,I am from Hong Kong so I can read the documents)

    According to the Chinese Chengjiang biota protection area,the maotianshan area is a protected site,but surrounding areas do not have such protection(Its like other parts of China),where such fossils can still be found in.

Yet,according to the Chinese fossil law,fossils listed as special protection cannot be commericalized,and the fossils from ChengJiang fits the description:

第七條　按照在生物進化以及生物分類上的重要程度，將古生物化石劃分為重點保護古生物化石和一般保護古生物化石。

具有重要科學研究價值或者數量稀少的下列古生物化石，應當列為重點保護古生物化石：

（一）已經命名的古生物化石種屬的模式標本；

（二）保存完整或者較完整的古脊椎動物實體化石；

（三）大型的或者集中分佈的高等植物化石、無脊椎動物化石和古脊椎動物的足跡等遺跡化石；

（四）國務院自然資源主管部門確定的其他需要重點保護的古生物化石。

重點保護古生物化石名錄由國家古生物化石專家委員會擬定，由國務院自然資源主管部門批准並公佈。

(Number 7  According to the importance on creatures evolution and creatures taxonomy,assign the fossils to be special state protected fossils and normal protected fossils.

 

Specimens with important sciencific importance or scarce  fossils of the following types of fossils,should be listed as special protected fossils

 

1 High quality fossils(complete for example) of described fossils. 

2 Complete or mostly complete specimens of veterbrates

3 Large or concentrated fossils of highly evolved plants,invertebrates or trace fossils of veterbrates

4 Other fossils made special protected by the Chinese government.

The list will be made by paleontologists and be publish after approved.

    Yet i couldnt find any information on chengjiang fossils being on the special protection list,since it fits 3 quite well,and since I am in Hong Kong,technically part of China,does it mean that the fossils are legal to own?(By Chinese law)

  

[Raptor9468]

I also found something interesting:

为进一步优化口岸营商环境，促进跨境贸易便利化，海关总署、自然资源部决定对《古生物化石出境批件》实施电子数据联网核查。现将有关事项公告如下

(To make the business and trade easier,the Chinese govenment have decided to use electronic ways to fill on the form of exporting fossils.)

The article then talks about how businesses should fill in the forms accordingly,does this mean that commerical exports are allowed with paperwork(Fossils like lyctoptera, not keichousaurus or psittacosaurus)?

Dont take my post for legal advice

[Pemphix]

Until further notice, there's an export/import ban for chinese fossils as far as i know.

So my personally answer and my opinion would be: No it is not legal to export/import chinese fossils. 

 

[Raptor9468]

Well I guess I got to look for other localities then I guess

[Raptor9468]

But is Hong Kong considered to be export or non export?Im from there and see many members have such beautiful specimens from mainland china

[Mark Kmiecik]

Hong Kong is a "Special Administrative District" of mainland China. If you live there, why don't you just ask someone at the post office?

[Raptor9468]

So, as Hong Kong is a one country two system type place, its not legal for the person who carries the fossils over to Hong Kong(pass the borders of China and Hong Kong),but it is totally legal to sell any fossil in Hong Kong stuff like psittacosaurus,keichousaurus, etc.For now, I would recommend buying things like wheeler shale cambrian fossils for anyone interested(as they are legal) and buy chengjiang fossils only if you have proof that its exported before the ban.

Not a definite answer but I think this would be most accurate after reading a lot on this topic

Edited May 4, 2020 by Raptor9468
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