Nevertheless, compared to the Maoist era in China and the experience of most
other developing nations today, the present legal, regulatory and policy regime
indicates a strong commitment of the state to biodiversity conservation.
THE LEGAL FRAMEWORK IN TAIWAN
There are three parts to Taiwan’s biodiversity regulatory regime: the Cultural
Heritage Preservation Law of 1981, the Wildlife Conservation Law of 1989
(amended in 1994), and legislation establishing national parks (the National
Park Law of 1972 and the Forest Law of 1932). We will discuss the first two,
which are the core of the regulatory regime, and emphasize the Wildlife
Conservation Law, because it is the most comprehensive.
Cultural Heritage Preservation Law
This legislation was enacted quite early in the progress of Taiwan’s environ-
mental movement (but rather late, compared to the legislation of endangered
species and habitats in other industrialized countries). In general, it pursues
two objectives: the creation of a system of nature reserves and designation of
a small number of plant and animal species for protection.
Under the terms of the legislation, 19 nature reserves have been established
in Taiwan. These include small tracts, such as the five-hectare plot protecting
volcanic land forms in Kaohsiung, as well as large forest reserves (for example
the 47000-hectare forest reserve circumscribing Mount Tawu).^42 The Taiwan
Forestry Bureau under the Council of Agriculture (COA) manages most of the
reserves, but city and county governments manage seven while under general
COA supervision.
The Cultural Heritage Preservation Law protects 11 species of rare and
valuable plants, including the Taiwan beech tree and the Taiwan keteleeria
(Keteleeria davidiana), a hermaphroditic tree of the pinaceae family which is
an Ice Age survivor found in the Pinglin Taiwan Keteleeria Nature Reserve.
Some 23 species of rare and valuable animals also are protected under this law,
including the clouded leopard, Formosan black bear, bird-wing butterfly, and
the Formosan land-locked salmon. Significantly, to the present day, no other
legislation protects the large number of threatened plant species and their
habitats.
Wildlife Conservation Law
The limited range of species covered by the Cultural Heritage Preservation
Law, and the small number of reserves established, prompted protests from
78 Governance of biodiversity conservation in China and Taiwan