Wetland Conservation And Management Provisions

Original Language Title: 湿地保护管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387395.shtml

Wetland conservation and management provisions

    (March 28, 2013 32nd, the State Forestry Administration announced May 1, 2013) first in order to strengthen the protection of wetland management, fulfilment of International Convention on wetlands, according to the laws and regulations and the relevant provisions of the State Council, these provisions are formulated.

    Article wetlands in these rules refers to year round or seasonal water retention areas, waters and at low tide the water depth does not exceed 6 metres from the sea, including marshes, lakes, wetlands, rivers, wetlands, coastal wetlands and other natural wetlands, and Wildlife Habitat or priority protected wild plant native wetland.

    Third countries for wetland protection priority, scientific restoration and rational utilization and sustainable development approach.

    Fourth National Bureau of forestry is responsible for the National Wetlands Conservation Organization, coordination, guidance and supervision, and organize and coordinate the implementation of the International Convention on wetlands.

    Local forestry authorities in accordance with the relevant provisions of the people's Government at or above the county level responsible for wetland protection and management within their respective administrative areas.

    Fifth people's Governments above the county level forestry authorities and on wetlands protection and management bodies should strengthen wetland conservation education and training, combined with World Wetlands Day, love bird week and wildlife awareness month carry out publicity and education activities to raise public awareness of wetland conservation.

    Forestry authority of the people's Governments above the county level shall organize for wetland protection and management of scientific research, application and popularization of research results to improve wetland protection and management levels.

    Sixth local people's Governments above the county level forestry authorities should encourage and support citizens, legal persons and other organizations, in the form of volunteering, donations, etc involved in wetland conservation.

    Article seventh State Forestry Bureau in conjunction with the relevant departments of the State Council national and regional protection plan submitted to the State Council or by its authorized departments.

    Local people's Governments at or above the county level forest Department jointly with other relevant departments of the people's Governments at the same level, in accordance with the relevant provisions of the administrative area of wetland conservation plan, authorized by the people's Governments at the same level or Department for approval.

    Article eighth wetland conservation plan should include the following:

    (A) wetlands resource distribution, types and characteristics, water resources, wildlife resource situation;

    (B) conservation and use of the guiding ideology, principles, objectives and tasks;

    (C) the wetland ecological protection of key construction projects and building layout;

    (D) the investment estimate and benefit analysis;

    (V) security measures.

    Nineth approved wetland conservation plan must be strictly enforced; without the approval of the original organ shall not be adjusted or modified.

    Tenth State Forestry Bureau regularly organizes national wetland resources survey, monitoring and assessment, and announced to the public in accordance with the relevant provisions of the relevant circumstances.

    Technical specification for investigation, monitoring and evaluation of wetland resources, the State Forestry Administration, in consultation with the relevant departments and units on the basis of the development.

    Local people's Governments at or above the county level forestry authorities and on wetlands protection and management bodies should organize within their respective administrative areas of wetland resources, monitoring and evaluation, in accordance with the relevant provisions to the public relevant information.

    11th people's Government at or above the county level shall established forestry authorities can take the wetland nature reserves, Wetland Park, wetland protection area, wetland, such as multiple-use management areas, sound system of wetland protection, improve wetland protection management, strengthen the protection of wetland.

    12th in accordance with their importance, ecological functions of wetlands and so on, into an important wetland and wetland.

    Important wetlands include important wetlands and wetlands of local importance.

    Important wetlands wetlands wetlands.

    13th State Forestry Bureau in conjunction with the relevant departments of the State Council designated wetlands of national importance, to the public.

    Criteria of wetlands of national importance, formulated by the National Forestry Bureau in conjunction with the relevant departments of the State Council.

    14th forestry authority of the local people's Governments at or above the county level shall, in conjunction with relevant departments of the people's Government at the important wetland areas, and announced to the public.

    Regionally important wetlands and wetland management measures for the provinces, autonomous regions and municipalities to develop.

    15th in line with standards of the International Convention on Wetlands of international importance wetlands may apply for designated as wetlands of international importance. Application of designated wetlands of international importance, composed of relevant departments under the State Council, or the wetland is located, autonomous regions and municipalities forestry authorities to submit to the State forestry administration.

    State forestry administration shall organize the demonstration, audits, to meet the condition of wetlands of international importance, wetland is located in with the consent of the provinces, autonomous regions and municipalities and the departments concerned under the State Council approval, approved by the Secretariat of the International Convention on wetlands for inclusion in the directory of wetlands of international importance.

    16th State Forestry Bureau for international important wetland protection and management guidance and supervision, regular ecological inspection and assessment of the State of wetlands of international importance, and publicize the results.

    Local people's Governments at or above the county level, where the wetlands of international importance forestry authorities shall, jointly with relevant departments of the people's Government at the checks the protection status of wetlands of international importance, guiding the international important wetland protection and management agencies to maintain the ecological character of wetlands of international importance.

    17th Ramsar protected wetland ecological management should establish early-warning mechanisms, formulation and implementation of management plans, monitoring, setting up data files.

    18th due to climate change, natural disasters and other causes degradation of the ecological character of wetlands of international importance, provinces, autonomous regions and municipalities directly under the competent forestry authorities shall, jointly with relevant departments of the people's Government at the investigation, guiding the international important wetland protection and management institutions implement remedial programme, and report to the municipal people's Government and the State Forestry Administration at the same level.

    For engineering construction, caused international important wetland ecological features degradation even disappeared of, province, and autonomous regions, and municipalities Government forestry competent sector should with sibling Government about sector urged, and guide project units deadline recovery, and to sibling Government and national forestry Council report; on late not recovery or does cannot recovery of, by national forestry Council conferences location province, and autonomous regions, and municipalities Government and State about sector Hou, according to about provides processing.

    Article 19th qualifications condition of wetland nature reserve, shall establish nature reserves.

    The establishment and management of nature reserves in accordance with the relevant provisions in the nature reserve management implementation.

    20th to protect the wetland ecological system, rational utilization of wetland resources, wetland education and scientific research for the purpose of, and for developing eco-tourism activities, such as wetlands, Wetland Park can be established.

    Wetland Park is divided into national wetland park and Wetland Park.

    21st in the establishment of national wetland parks, subject to the following conditions:

    (A) the wetland eco-system in the context of national or regional typical; or regional position; or the ecological function of wetland subject has the typical model; or wetland bio-diversity rich or unique biological species.

    (B) important or special scientific, educational and cultural value.

    Section 22nd for the establishment of national wetland park, shall prepare a national wetland park master plan.

    National wetland park planning a national wetland park construction and management, pilot acceptance, approval by naming, an important basis for evaluation.

    23rd national wetland park by provinces, autonomous regions and municipalities forestry authorities to apply to the State Forestry Administration and submitted general plans, and other related materials.

    State Forestry Administration after the receipt of the application, submit relevant demonstration of material organization of audit, to meet the conditions, agreed with its pilot. Trial period not exceeding 5 years.

    Acceptance conditions for a pilot period, provinces and autonomous regions forest authorities and municipalities can apply for acceptance to the State Forestry Administration, acceptance by the State forestry administration organizations, be approved and named national wetland park.

    During the pilot period does not apply for acceptance or unqualified acceptance and after the corrective action is still not qualified, State Forestry Administration should cancel their national wetland park pilot qualifications.

    24th national forestry agency organize national wetland park inspections and assessments.

    National wetland condition due to mismanagement the loss, or refuses to correction or rectification of the problems does not meet the requirements, should set up national wetland park of naming the State Forestry Administration, and announced to the public.

    Establishment and management of wetland park in 25th place, in accordance with local regulations.

    26th people's Governments above the county level forestry authorities shall guide the national wetland, and a wetland of international importance, national wetland park, establishing and perfecting the management system of the national wetland protection and management, and in accordance with the relevant provisions of the special regulation or laws, strengthen protection and administration.

    27th due to protect wetlands in caused to the legitimate rights and interests of owners or managers of wetland loss, shall be compensated in accordance with the relevant provisions.

    28th local people's Governments above the county level forestry authorities and related degradation of wetland management should organize and carry out restoration work, restoring wetland functions or expanding the area of wetlands.

    Article 29th local people's Governments at or above the county level forestry authorities and on wetlands protection and management bodies should carry out dynamic monitoring of wetlands, and on the basis of investigation and monitoring of wetland resources, wetland resources in creating and updating archives.

    30th forestry authority of the people's Governments above the county level should be on the development of eco-tourism activities in the use of the wetland resources of guidance and supervision.

    31st except when otherwise stipulated by laws and regulations, engage in the following activities on Wetlands:

    (A) open (WAI) reclaimed wetland grazing, fishing;

    (B) the landfill, draining wetlands or wetland use changed without authorization;

    (C) access to or truncated wetlands water sources;

    (D) sand, Earth, mining;

    (E) the discharge of domestic sewage, industrial waste water;

    (F) the destruction of Wildlife Habitat, fish migration routes, collecting wild plant or hunted wild animals;

    (G) the introduction of exotic species;
(H) the destruction of wetlands and other eco-functional activities.

    32nd construction shall not occupy or less wetlands.

    To be levied or uses, land unit shall go through the relevant procedures, and compensation.

    Temporary occupation of wetlands, period not exceeding 2 years; expiry of temporary occupation, occupation of the wetland ecological restoration should be.

    Article 33rd forestry authority of the local people's Governments at or above the county level shall, jointly with relevant departments of the people's Governments at the same level, in the Organization of the people's Government at the establishment of wetland ecological water coordination mechanism and protection of wetland ecological water needs.

    34th forestry authority of the people's Governments above the county level shall, jointly with relevant departments of the people's Government at the coordination, organization, wetland pest control work; protection of wetland management should take the wetland pest control in accordance with the relevant provisions of the specific work.

    35th forestry authority of the people's Governments above the county level shall, jointly with relevant departments of the people's Government at the wetland protection in law enforcement activities, the destruction of wetlands of the offence to be dealt with according to law.

    36th International Convention on wetlands in these rules refers to the Convention on Wetlands of international importance especially as Waterfowl Habitat. 37th article of the regulations come into force on May 1, 2013.