|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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|
No.
32/2006/ND-CP
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Hanoi,
March 30, 2006
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DECREE
ON MANAGEMENT OF ENDANGERED, PRECIOUS
AND RARE FOREST PLANTS AND ANIMALS
THE GOVERNMENT
Pursuant to
the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
At the proposal of the Agriculture and Rural Development Minister,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article
1. Scope of regulation and subjects of application
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2. Subjects of
application: State agencies, organizations, households and individuals at home,
overseas Vietnamese, foreign organizations and individuals that conduct
activities related to management of endangered, precious and rare forest plants
and animals in the Vietnamese territory defined in this Decree.
Where treaties
which the Socialist Republic of Vietnam has signed or acceded to contain
provisions different from those of this Decree, the provisions of such treaties
shall apply.
Article
2.- Grouping of endangered, precious and rare forest plants and animals:
1.
Interpretation of terms:
Endangered,
precious and rare forest plants and animals mean plant and animal species of
special economic, scientific or environmental value, surviving in small
populations in nature or in danger of extinction, and on the list of
endangered, precious and rare forest plants and animals promulgated by the
Government.
2. Endangered,
specious and rare forest plants and animals are divided into the following two
groups (see the list enclosed herewith):
a/ Group I,
which consists of those strictly banned from exploitation and use for
commercial purposes, including forest plants and animals of scientific or
environmental value or high economic value, with very small populations in
nature or in high danger of extinction.
Forest plants
and animals of group I are divided into:
Group I A,
which consists of forest plants.
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b/ Group II,
which consists of those restricted from exploitation or use for commercial
purposes, including forest plants and animals of scientific or environmental
value or high economic value, with small populations in nature or in danger of
extinction.
Forest plants
and animals of group II are divided into:
Group II A,
which consists of forest plants.
Group II B,
which consists of forest animals.
Article
3.- The State's policies on management of endangered, precious and rare
forest plants and animals
1. The State
invests in management and protection of endangered, precious and rare forest
plants and animals in special-use forests, in salvage of confiscated
endangered, precious and rare forest plants and animals.
2. The State
provides supports for remedying damage caused by endangered, precious and rare,
wild forest animals to organizations located, households and individuals living
outside special-use forests, households and individuals lawfully residing in
special-use forests (as certified by administrations of communes where such
special-use forests exist) according to the provisions of law.
3. The State
encourages, assists and assures legitimate rights and interests of
organizations, households and individuals that invest in management, protection
and development of endangered, precious and rare forest plants and animals.
Chapter II
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Article
4.- Monitoring of development of endangered, precious and rare forest
plants and animals
1. People's
Committees of all levels shall have to direct and organize the assessment of
the actual state of endangered, precious and rare forest plants and animals in
their localities; sum up the assessment together with the forest statistics and
inventory and monitoring of development of forest resources as specified in
Article 32 of the 2004 Law on Forest Protection and Development and the
Agriculture and Rural Development Ministry's guidance.
2. The
Agriculture and Rural Development Ministry shall assume the prime
responsibility for, and coordinate with the Finance Ministry in, directing and
guiding the study and assessment of the actual state of endangered, precious
and rare forest plants and animals; summing up the assessment nationwide
together with the forest statistics and inventory and monitoring of development
of forest resources as specified in Article 32 of the 2004 Law on Forest
Protection and Development.
Article
5.- Protection of endangered, precious and rare forest plants and animals
1. Forests
where endangered, precious and rare forest plants and animals are densely
distributed shall be considered for the establishment of special-use forests
according to the provisions of law.
Endangered,
precious and rare forest plants and animals living outside special-use forests
shall be protected according to the provisions of this Decree and current
provisions of law.
2.
Organizations, households and individuals that carry out activities of
production, construction of works, survey, exploration, research, sight-seeing,
tourism and other activities in forests home to endangered, precious and rare
forest plants and animals shall comply with the provisions of this Decree, law
on forest protection and development and law on environmental protection.
3. The
following acts are prohibited:
a/ Exploiting
endangered, precious and rare forest plants; hunting, trapping, catching,
caging and slaughtering endangered, precious and rare forest animals in
contravention of the provisions of this Decree and current provisions of law.
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Article
6.- Exploitation of endangered, precious and rare forest plants and animals
1. Exploitation
of forest plants and animals of Group I:
Forest plants
and animals of Group I shall be exploited only for scientific purposes of
research (including purpose of creation of prototype breed sources in service
of artificial breeding and culture) and international cooperation.
The exploitation
of forest plants and animals of Group
I must not
adversely affect the conservation of such species in nature and must be
performed under plans approved by the Agriculture and Rural Development
Ministry.
2. Exploitation
of forest plants and animals of Group II:
a/ Exploitation
of forest plants and animals of Group
II in
special-use forests:
- They shall be
exploited only for purposes of scientific research (including creation of
prototype breed sources in service of artificial breeding and culture) and international
cooperation.
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b/ Exploitation
of forest plants and animals of Group II outside special-use forests:
- Forest plants
of Group II A outside special-use forests may only be exploited according to
the Regulation on exploitation of timber and other forest products promulgated
by the Agriculture and Rural Development Ministry.
- Forest
animals of Group II B outside special-use forests may only be exploited for
purposes of scientific research (including creation of prototype breed sources
in service of breeding) and international cooperation.
The
exploitation of forest animals-of Group IIB outside special-use forests must
not adversely affect the conservation of such species in nature and must be
performed under plans approved by the Agriculture and Rural Development Ministry,
for forests managed by centrally-run organizations, or approved by
provincial-level People's Committees, for forests managed by local
organizations or individuals.
3. The
Agriculture and Rural Development Ministry shall assume the prime responsibility
for, and coordinate with the Natural Resources and Environment Ministry in,
guiding the procedures and order for approving plans on exploitation of
endangered, precious and rare forest plants and animals from nature.
Article
7.-Transportation and storing of endangered, precious and rare forest
plants and animals exploited from nature and products thereof
Endangered,
precious and rare forest plants and animals exploited from nature and products
thereof from nature, when being transported or stored, must comply with the
following regulations:
1. There must
be sufficient papers proving lawful exploitation origins according to the
provisions of Article 6 of this Decree and other papers according to the
current provisions of law on handling of material evidences employed in
violations (for cases where endangered, precious and rare forest plants and
animals and products thereof are confiscated in administrative or criminal
cases).
2.
Transportation of endangered, precious and rare forest animals and products
thereof out of provinces or centrally-run cities shall require special
transportation permits granted by provincial-level forest ranger offices.
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Article
8.- Development of endangered, precious and rare forest plants and animals
1. Artificial
culture of endangered, precious and rare forest plants; breeding and rearing of
endangered, precious and rare forest animals shall comply with the provisions
of law on management of export, import, re-export, introduction from the sea,
transit, artificial culture and breeding of endangered wild plant and wild
animal species.
2. The
exploitation, transportation and storing of endangered, precious and rare
forest plants and animals, which are artificially reared or cultured, and
products thereof must be accompanied with documentary proofs of origin according
to the provisions of law on export, import, re-export, transit, introduction
from the sea, artificial culture and breeding of endangered wild plant and wild
animal species.
Article
9.- Processing and trading of endangered, precious and rare forest plants
and animals and products thereof
1. It is
strictly prohibited to process or trade in endangered, precious and rare forest
plants of group I A, and endangered, precious and rare forest animals of Group
I B and Group II B exploited from nature and products thereof for commercial
purposes (except for the cases specified in Clause 2 of this Article).
2. It is
permitted to process or trade in the following objects for commercial purposes:
- Endangered,
precious and rare forest animal species originating from artificial breeding
and products thereof; endangered, precious and rare forest animal species of
Group II B which are material evidences confiscated according to the State's
current regulations as they can no longer be salvaged and released into the environment.
- Endangered,
precious and rare forest plants of Group I A which are material evidences
confiscated according to the State's current regulations; endangered, precious
and rare forest plants of Group II A exploited from nature and those originating
from artificial culture.
Organizations
and individuals that process or trade in endangered, precious and rare forest
plants and animals for commercial purposes must satisfy the following
requirements:
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b/ Endangered,
precious and rare forest plants and animals and products thereof are of lawful
origin according to the provisions of Articles 6, 7 and 8 of this Decree.
c/ They open
books for monitoring the actual receipt and delivery of endangered, precious
and rare forest plants and animals and products thereof according to the
Agricultural and Rural Development Ministry's regulations, and submit to the supervision
and inspection by forest ranger offices according to current provisions of law.
Article 10.- Handling of violations
1.
Organizations and individuals that commit acts of violating this Decree's
provisions on management of endangered, precious and rare forest plants and
animals shall, depending on the nature and seriousness of their violations, be
administratively handled. Violating individuals may be examined for penal
liability according to current provisions of law.
2. Violations'
material evidences and proofs being endangered, precious and rare forest plants
and animals and products thereof shall be managed and handled according to the
provisions of law on handling of administrative violations and law on criminal
procedures and the following provisions:
a/ Live plants
and animals which are temporarily seized in the course of handling must be
given proper care and salvage for their safety.
b/ Live plants
and animals which are temporarily seized and certified by quarantine offices to
be affected with diseases which may spread into epidemics shall be immediately
culled according to current provisions of law.
Article 11.- Handling of cases where endangered, precious
and rare forest animals harm or threaten to harm people's life and property
1. In any cases
where forest animals threaten to harm people's property or life; organizations,
households or individuals should first apply measures to drive away such
animals without harming them.
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Presidents of
district-level People's Committees shall personally direct the trapping and
hunting of endangered, precious and rare forest animals for self-defense
purpose when they attack and threaten to harm people's life.
For
particularly precious and rare animals such as elephant (Elephas maximus),
rhinoceros (Rhinoceros sondaicus), tiger (Panthera tigris), leopard (Panthera
pardus), nebulose leopard (Neofelis nebulosa), bear (Ursus (Helarctos)
malayanus; Ursus (Selenarctos) thibetanus), gayal (Bos gaurus), gray gaur (Bos
sauveli), Javanese gaur (Bosjavanicus), owre (Bubalus arnee), presidents of
provincial-level People's Committees should be reported for consideration.
Where it is impossible to apply other measures (driving away or moving them to
other forests) to protect people's life, presidents of provincial-level
People's Committees shall decide to permit the application of measures of
trapping or hunting for self-defense after obtaining consent of the Agriculture
and Rural Development Minister and the Natural Resources and Environment Ministry.
Organizations
assigned to trap or hunt endangered, precious and rare forest animals for
self-defense when such animals attack and threaten to harm people's life shall
be responsible for keeping intact the scenes and make written records for
handling and reporting to immediate superior authorities within 5 working days.
a/ Where
trapped or hunted forest animals die or are incurably wounded, written records
thereon shall be made for handover of such animals to scientific research
institutions for use as specimens in service of training and research or for
hygienic cull.
b/ Where
trapped or hunted forest animals are curably wounded, they shall be transferred
to forest animal salvage establishments or local forest ranger offices for care
until they recover and are released into forests.
c/ Where
trapped or hunted forest animals are in good health, they shall be promptly
released into forests planned as special-use forests (nature conservation
zones, national parks) where exist their habitats.
All cases of trapping
or hunting of endangered, precious and rare forest animals in contravention of
the provisions of this Article shall be regarded as violating the State's
regulations on management of endangered, precious and rare forest animals and
handled according current provisions of law.
Article 12.- Rights and obligations of forest owners
Forest owners
shall have the rights and obligations currently provided for by law. They shall
also have the following rights and obligations toward endangered, precious and
rare forest plants and animals:
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2. To be
supported and protected by the State regarding their legitimate rights for and
interests from investment in management, protection and development of
endangered, precious and rare forest plants and animals.
3. To work out
and realize plans on management, protection and development of endangered,
precious and rare forest plants and animals on forest and forest land areas
allocated to them.
4. To monitor
and report to competent state agencies on the actual state of endangered,
precious and rare forest plants and animals according to the provisions of
Points a and b, Clause 2, Article 32 of the Law on Forest Protection and
Development on forest and forest land areas allocated or leased by the State.
5. To issue
internal protection rules, and post them up for every forest where endangered,
precious and rare forest plants and animals exist.
Chapter III
IMPLEMENTATION
PROVISIONS
Article 13.- Responsibilities to guide and implement
1. The
Agriculture and Rural Development Ministry shall have the responsibilities:
a/ To guide,
organize and inspect the implementation of this Decree.
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2. Ministers,
heads of ministerial-level agencies, heads of Government-attached agencies and
presidents of provincial/municipal People's Committees shall have to implement
this Decree.
Article 14.- Implementation effect
1. This Decree
takes effect 15 days after its publication in "CONG BAO."
2. This Decree
replaces the Council of Ministers' Decree No. 18/HDBT of January 17, 1992,
promulgating the list of precious and rare forest plants and animals and the
regime of management and protection thereof, and the Government's Decree No.
48/2002/ND-CP of April 22, 2002, amending and supplementing the list of
precious and rare forest plants and animals and the regime of management and
protection thereof, promulgated together with the Council of Ministers' No.
18/HDBT of January 17, 1992.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
LIST
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GROUP I: Forest plants and animals banned from exploitation
and use for commercial purposes IA. Forest plants
Ordinal number
Scientific names
PINOPHYTA
1
Cupressus
torulosa
2
Taiwania
cryptomerioides
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Xanthocyparis
vietnamensis
4
Abies
delavayi fansipanensis
5
Pinus
kwangtungensis
6
Taxus wallichiana
(T. baccata wallichiana)
7
Glyptostrobus
pensilis
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MAGNOLIOPHYTA
Magnoliopsida
8
Berberis
julianae
9
Berberis
wallichiana
10
Diospyros
salletii
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Dalbergia
tonkinensis
12
Coptis
chinesis
13
Coptis
quinquesecta
Liliopsida
14
Anoectochilus
spp.
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Paphiopedilum
spp.
I B. Forest
animals
Ordinal number
Scientific names
MAMMALIA
Dermoptera
1
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Primates
2
Nycticebus bengalensis
(N. coucang)
3
Nycticebus
pygmaeus
4
Pygathrix
cinerea
5
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6
Pygathrix
nigripes
7
Rhinopithecus
avunculus
8
Trachypithecus
barbei (T. phayrei)
9
Trachypithecus
delacouri
10
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11
Trachypithecus
hatinhensis
12
Trachypithecus
poliocephalus
13
Trachypithecus
villosus (T cristatus)
14
Nomascus
(Hylobates) concolor
15
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16
Nomascus
(Hylobates) leucogenys
17
Nomascus
(Hylobates) nasutus
Carnivora
18
Cuon alpinus
19
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20
Ursus
(Selenarctos) thibetanus
21
Lutra lutra
22
Lutra
sumatrana
23
Lutrogale
(Lutra) perspicillatra
24
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25
Arctictis
binturong
26
Catopuma
(Felis) temminckii
27
Felis chaus
28
Pardofelis
(Felis) marmorata
29
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30
Prionailurus
(Felis) viverrina
31
Neofelis
nebulosa
32
Panthera
pardus
33
Panthera
tigris
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34
Elephas
maximus
Perissodactyla
35
Rhinoceros
sondaicus
Artiodactyla
36
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37
Cervus eldii
38
Megamuntiacus
vuquangensis
39
Muntiacus
truongsonensis
40
Moschus
berezovskii
41
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42
Bosjavanicus
43
Bos sauveli
44
Bubalus arnee
45
Naemorhedus
(Capricornis) sumatraensis
46
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Lagomorpha
47
Nesolagus timinsi
AVES
Pelecaniformes
48
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49
Pseudibis
davisoni
50
Platalea
minor
Gruiformes
51
Grus antigone
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52
Polyplectron
bicalcaratum
53
Polyplectron
germaini
54
Rheinardia
ocellata
55
Pavo muticus
56
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57
Lophura
edwardsi
58
Lophura
hatinhensis
59
Lophura
imperialis
60
Lophura
nycthemera
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Squamata
61
Ophiophagus
hannah
Testudinata
62
Cuora
trifasciata
GROUP II: Forest plants and animals restricted from
exploitation and use for commercial purposes II A. Forest plants
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Scientific names
PINOPHYTA
1
Cephalotaxus
mannii
2
Calocedrus
macrolepis
3
Calocedrus
rupestris
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Fokienia
hodginsii
5
Keteleeria
evelyniana
6
Pinus
dalatensis
7
Pinus
krempfii
8
Taxus
chinensis
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Cunninghamia
konishii
Cycadopsida
10
Cycas spp.
MAGNOLIOPHYTA
Magnoliopsida
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Panax
bipinnatifidum
12
Panax
stipuleanatus
13
Panax
vietnamensis
14
Asarum spp.
15
Markhamia
stipulata
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Afzelia
xylocarpa
17
Arythrophloeum
fordii
18
Sindora
siamensis
19
Sindora
tonkinensis
20
Codonopsis
javanica
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Garcinia
fagraeoides
22
Dalbergia
cochinchinensis
23
Dalbergia
oliveri (D. bariensis, D. mammosa)
24
Pterocarpus
macrocarpus
25
Cinnamomum
balansae
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Cinnamomum
glaucescens
27
Cinnamomum parthenoxylon
28
Coscinium
fenestratum
29
Fibraurea
tinctoria (F. chloroleuca)
30
Stephania
spp.
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Thalictrum
foliolosum
32
Excentrodendron
tonkinensis (Burretiodendron tonkinensis)
Liliopsida
33
Disporopsis
longifolia
34
Lilium
brownii
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Polygonatum
kingianum
36
Dendrobium
nobile
37
Nervilia spp.
IIB. Forest
animals
Ordinal number
Scientific names
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MAMMALIA
Chiroptera
1
Pteropus
vampyrus
Primates
2
Macaca arctoides
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3
Macaca
assamensis
4
Macaca
fascicularis
5
Macaca
leonina (M. nemestrina)
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Macaca
mulatta
Carnivora
7
Vulpes vulpes
8
Canis aureus
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Mustela
kathiah
10
Mustela nivalis
11
Mustela
strigidorsa
12
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13
Viverra
zibetha
14
Viverricula
indica
15
Prionodon
pardicolor
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16
Chrotogale
owstoni Artiodactyla
17
Tragulus
javanicus
18
Tragulus napu
Rodentia
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19
Hylopetes
alboniger
20
Hylopetes
lepidus
21
Hylopetes
phayrei
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Hylopetes
spadiceus
23
Petaurista
elegans
24
Petaurista
petaurista
Pholydota
25
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26
Manis
pentadactyla
AVES
Ciconiiformes
27
Ciconia
episcopus
28
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Anseriformes
29
Cairina
scutulata
Gruiformes
30
Houbaropris
bengalensis
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31
Spilornis
cheela
32
Polihierax
insignis
Galiformes
33
Arborophila
davidi
34
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Cuculiformes
35
Carpococcyx
renauldi
Columbiformes
36
Columba punicea
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37
Collocalia
germaini
Coraciiformes
38
Buceros
bicornis
39
Annorhinus
tickelli
40
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41
Aceros
undulatus
Psittaformes
42
Psittacula
eupatria
43
Psittacula
finschii
44
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45
Psittacula
alexandri
46
Loriculus
verlanis
Strigiformes
47
Tyto alba
48
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49
Ketupa
zeylonensis
Passeriformes
50
Copsychus malabaricus
51
Garrulax
formosus
52
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53
Garrulax
milleti
54
Garrulax
vassal/'
55
Garrulax
yersini
56
Gracula
religiosa
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Squamata
57
Varanus bengalensis
(V. nebulosa)
58
Varanus
salvator
59
Python curtus
60
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61
Python
reticulatus
62
Elaphe
radiata
63
Ptyas mucosus
64
Bungarus
candidus
65
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66
Bungarus multicinctus
67
Bungarus
fasciatus
68
Naja naja
Testudinata
69
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70
Heosemys
grandis
71
Hieremys
annandalii
72
Mauremys
annamensis
73
Indotestudo
elongata
74
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Crocodylia
75
Crocodylus
porosus
76
Crocodylus
siamensis
AMPHIBIAN
...
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77
Paramesotriton
deloustali
INSECTA
Coleoptera
78
Dorcus
curvidens
79
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80
Dorcus
antaneus
81
Eurytrachelteulus
titanneus
82
Cheriotonus
battareli
83
Cheriotonus
iansoni
84
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Lepidoptera
85
Teinopalpus
aureus
86
Teinopalpus
imperalis
87
Troides helena
ceberus
88
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89
Phyllium
succiforlium