Shandong Provincial Wetland Protection

Original Language Title: 山东省湿地保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387167.shtml

Shandong provincial wetland protection

    (November 28, 2012 136th meeting consideration of the people's Government of Shandong province on December 26, 2012 announced order No. 257 of Shandong province, as of March 1, 2013) Chapter I General provisions

    First in order to strengthen wetland protection, maintenance of wetland functions, improve the ecological environment, promoting sustainable economic and social development, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in the province engaged in wetland protection, supervision and management activities in the administrative area, these procedures apply.

    Wetlands in these measures refers to strong ecological function, suitable for growth of wildlife year round or seasonal water inland areas, rivers into the lakes into the sea area, water is much more humid regions and at low tide the water depth does not exceed 6 meters of sea area.

    Wetland protection should follow article and manpower planning, protection, rational utilization and sustainable development of the principle of priority, integrated coordination, the Department of management.

    Fourth wetland protection work in people's Governments above the county level shall be incorporated into the national economic and social development planning, Organization for wetland conservation education and scientific research, solve the wetland management agencies, funding guarantees, protection and utilization and other major issues.

    Fifth forestry authority of the people's Governments above the county level shall be responsible for the administrative area of wetland protection organization, coordination and supervision.

    Development and reform, finance, agriculture, water resources, land and resources, housing and urban-rural construction, environmental protection, marine and fisheries sectors in accordance with their respective responsibilities, complete the wetland conservation work.

    Sixth article of any units and individuals have the obligation to protect wetlands, and the right to damages, encroachment on wetlands impeach or accuse any practices.

    Wetland protection have made remarkable achievements in the people's Governments above the county level shall units and individuals give awards.

    Chapter II wetland conservation planning

    Article seventh wetland is internationally important wetlands, wetlands of national importance, important wetlands, and other wetlands.

    Directory of important wetlands, and the scope of protection, organized by the provincial forestry authorities concerned departments and experts in wetland Certification Committee, submitted to the provincial people's Government announced other wetland and the scope of protection, the local city divided into districts, counties (cities and districts) forestry authorities, in conjunction with relevant departments, reported the people's Governments at the corresponding level approved for issue.

    Wetlands of international importance, national directory of important wetlands and the scope of protection, in accordance with the relevant provisions of the International Convention on wetlands and the national.

    Eighth forestry authority of the people's Governments above the county level shall, jointly with relevant departments of the administrative areas of wetland conservation planning, the people's Governments at the corresponding level for approval.

    Wetland conservation plan should clearly wetland protection goals, safeguard measures, the prohibition of the development and construction of regional, limited areas of development and construction, and the use, protection, repair, and so on.

    Nineth wetland conservation planning should be depending on wetland type, scope of protection, ecosystem function and water resources, and wildlife resources such as scientific establishment and land use planning, environmental planning, urban and rural planning, water resource planning, marine function zoning and other link.

    Preparation of wetland conservation planning should be through feasibility study meeting, hearing and other forms and widely seek the views of relevant authorities, experts and the public.

    Article tenth people's Governments and relevant departments at all levels should strictly implement wetland conservation plan, subject to planning approval and construction projects or other development activities.

    Wetland conservation plan needed adjustments or modifications, shall be subject to approval of the original examination and approval procedures.

    Chapter three wetland nature reserve and a wetland park

    11th with one of the following conditions, shall establish a wetland nature reserve:

    (A) be included in the list of wetlands of international importance, or list of wetlands of national importance;

    (B) with rich biodiversity characteristics or to rare and endangered species are concentrated;

    (C) national and local protection of birds and waterfowl breeding, wintering and migration route of the major stops;

    (D) represents a different type of special protection or natural wetland of great scientific research value; (E) other special protection and important ecological value, economy or a major scientific and cultural value of wetlands.

    Construction and management of wetland nature reserve, in accordance with the provisions of relevant national and provincial nature reserve.

    12th do not have established conditions of wetland nature reserve, but with one of the following conditions, shall establish a wetland park:

    (A) wetlands ecological features, has a certain ecological and cultural value of wetland landscape and biological diversity;

    (B) in typical wetland ecosystem or regional position, the main function of wetland in the province or region-wide exemplary;

    (C) the beautiful natural landscape of wetland, important or special environmental protection, scientific research, publicity and educational value;

    (D) approved by the people's Governments above the county level, needs to be focused on the protection of wetland areas. Wetland Park established approval process by the Provincial Forestry Department.

    Wetland Park is a cancellation and change scope ' shall be subject to approval of the original examination and approval procedures.

    13th people's Governments above the county level shall organize relevant departments to set up boundary markers, indicating the scope of the Wetland Park.

    Any unit or individual is allowed to move or destruction of wetlands Park landmark. Article 14th wetland regionalisation.

    According to the actual needs of wetland protection, Wetland Park can be divided into the wetland conservation area, restoration area, missionary exhibition area, rational utilization and management service area.

    The wetland conservation and reconstruction areas, in addition to wetland conservation, monitoring, training and repair necessary activities, shall not carry out any other activities not related to wetland ecosystem protection and management.

    In the mission area, rational use and management of the service area, you can show proper ecological, science education, eco-tourism and other activities, without prejudice to the basic functions of wetland ecosystem.

    15th Wetland Park wetland park construction must be in accordance with the approved master plan, maintaining the wetland biodiversity and integrity of the wetland ecosystem structure and function, harmony with the surrounding landscape, and no construction of any damage or affect Wildlife Habitat, the destruction of natural landscapes and geological sites, pollution engineering facilities.

    16th wetland does not have the conditions of establishing nature reserves and wetlands Park, through the establishment of wetland protection area, multiple-use management areas of wetlands and other forms of protection.

    Supervision and administration of the fourth chapter

    17th forestry authority of the people's Governments above the county level shall, in conjunction with agriculture, water resources, land and natural resources, environmental protection, marine and fisheries sector, organize regular investigation of wetland resources, establishment of wetland resource files, publish report on the State of wetland resources.

    Once every five years the province's wetland resources, organized by the provincial forestry authority.

    18th people's Governments above the county level forestry, agriculture, water resources, land resources, environmental protection, marine and fisheries sector should be based on the Division of responsibilities, dynamic monitoring of wetland ecological condition, discover wetlands area, issues such as ecological degradation, and to take effective measures to address them.

    19th prohibits any unit or individual to engage in the following acts of destruction of wetlands:

    (A) unauthorized reclamation, landfill, wetland occupied or altering the use of wetlands;

    (B) illegal mining, sand (stone), soil or building facilities;

    (C) unauthorized emissions wetland impoundment, truncating the wetland and the connected peripheral;

    (D) illegal grazing, burning and deforestation;

    (E) the discharge into the wetland and surrounding area of toxic and harmful substances or disposal of solid waste;

    (Vi) damage aquatic organisms such as fish migration routes and important breeding area and Habitat of wildlife;

    (VII) without hunting, gathering of national and provincial protected wild fauna and flora, seizures, destruction of eggs or extinction, fishing for fish and other aquatic organisms;

    (VIII) other acts of destruction of wetlands.

    20th people's Governments above the county level shall, according to the wetland conservation planning, scientific assessment of the degradation and destruction of wetland, Habitat construction, restoration, converting (Ken) or wet enclosure, limited grazing, pollution control, biological control, integrated measures to fix them. 21st people's Governments above the county level shall take measures to protect the wetland ecological water use.

    Functional degradation of natural wetlands due to water shortage, water engineering and technical measures should be adopted to maintain wetland ecological functions. The people's Government above the county level should encourage the construction of water conservancy projects and wetlands protection and manpower planning, flood control and water storage, bio-environmental and wetland resource sharing.

    Water as well as other relevant sectors in the formulation of water resources development and utilization planning and dispatching of water resources, should maintain the proper water level of rivers, lakes, reservoirs, and maintain the natural purification capacity of water.

    22nd the people's Governments above the county level shall, in river interchange, into the Lake (sea), as well as focusing on regions such as pollution prevention section, planning and construction of the necessary artificial wetland, and purify the water.

    Article 23rd in the wetlands of international importance and national directory of important wetlands and natural wetlands located within the nature reserve, any unit and individual is prohibited to settle, take up or altering the use of wetlands.

    In the province, important wetlands and wetland protection development and construction activities in the context of other, must conform to the wetland conservation plan, and the relevant procedures under the law. 24th construction projects which may have an impact on wetlands, their environmental impact assessment reports should contain wetland protection and prevention of pollution of wetlands.

    Or ocean and fishery Department of environmental protection approved environmental impact assessment documents, shall solicit the views of forestry and other related departments. 25th due to building public facilities or other activities, temporary occupation of wetlands, who occupy the flats should propose viable wetland restoration program.

    Wetland restoration programmes should conform to the wetland conservation plan, and agreed by the people's Governments above the county level forestry authorities.
Approved a temporary occupation of wetlands may not build permanent buildings or structures shall not change the basic functions of the wetland ecosystem.

    Temporary occupation of wetlands for the longest period of not more than two years.

    After the expiration of a temporary occupation, occupation should, according to the wetland restoration programme restored in a timely manner. Article 26th in wetland conservation within the fishing, grazing, collecting, harvesting, farming, tourism and other activities, should develop a wetlands protection program.

    When the relevant departments in handling approval procedures shall consult the competent departments of the people's Governments above the county level forestry.

    Approved to engage in activities in the preceding paragraph shall follow the waterfowl migration and growth of wetland plants, in accordance with the relevant provisions of the timing, scope and protection program, and supervised by the forestry authorities to check.

    27th at the national and provincial wildlife focused distribution of important wetland areas, Governments at all levels should be actively encouraged, enabling local residents to develop alternative and ecological agricultural wetlands, prevent the wetland area is reduced and pollution of wetlands, maintain the ecological functions of wetlands.

    28th people's Governments above the county level forestry, agriculture, marine and fisheries sectors and related management should establish a sound mechanism for rare wildlife rescue and, to receive first-aid reports in a timely manner, of rare wild animals that are injured, stranded or trapped taking emergency measures.

    29th prohibits the introduction of harmful species of wetland areas.

    The introduction of exotic species into wetlands or wetland within the cast of drug should be in accordance with the relevant provisions of the approval procedures, and tested in accordance with the relevant technical specifications.

    The people's Government above the county level forestry, agriculture, marine and fisheries sectors for dynamic monitoring of the introduction of alien species should be found harmful, shall promptly take effective measures to eliminate the hazard, and promptly report to the competent Department of the people's Governments at the corresponding level and upper level.

    30th due to contamination or other emergencies occur, causing or likely to cause pollution of wetlands, relevant units and individuals shall take immediate measures to deal with, and informed in a timely manner may be compromised by units and individuals, and to report to the local people's Government departments such as forestry, environmental protection.

    People's Governments above the county level forestry, environmental protection and other sectors after receiving the report, shall take effective measures to eliminate the hazards in a timely manner. 31st people's Governments above the county level shall develop wetland protection and restoration policies, arranging funds, establish and improve the system of compensation for wetland conservation.

    Specific measures shall be formulated by the Provincial Forestry Department, in conjunction with the Ministry of finance.

    32nd people's Governments above the county level shall organize forestry, land and natural resources, oceans and fisheries sectors, in accordance with national wetland register, indeed, certification, and so on.

    33rd forestry authority of the people's Governments above the county level shall, jointly with relevant departments of the wetland resource protection and utilization of conducting supervision and inspection, wetland protection and timely reports to the people's Governments at the corresponding level.

    The fifth chapter legal liability

    Article 34th acts in violation of these rules, laws and regulations provides for liability from its provisions; liability not provided by laws and regulations, in accordance with the provisions of these measures.

    35th article violates these rules, in the context of wetland, one of the following acts, by the people's Governments above the county level forestry, land and natural resources, agriculture, water conservancy, Ocean and fisheries and environment protection sectors according to the Division of duties shall be ordered to desist from the illegal act and take appropriate remedial measures, and in accordance with the following provisions for punishment constitutes a crime, criminal responsibility shall be investigated according to law:

    (A) unauthorized reclamation, landfill, wetland occupied or altering the use of wetlands, more than 10 yuan per square meter at below 30 yuan fines;

    (B) unauthorized discharge of wetland and wetland filling, truncated peripheral connected, fined a maximum of 3000 Yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan;

    (C) illegal grazing, burning, between below 1000 Yuan and 200 Yuan fines; logging, logging more than twice times the value fined a maximum of 5 times;

    (D) illegal seizures, destruction of eggs or extinction, fishing for fish and other aquatic organisms, fined a maximum of between 3000 and 500 yuan in serious cases, fined a maximum of 3000 Yuan and 10,000 yuan;

    (E) destruction of aquatic organisms such as fish migration routes and important breeding area and Habitat of wildlife, fined a maximum of between 5000 and 1000 Yuan in serious cases, more than 5000 Yuan and fined a maximum of 20,000 yuan;

    (Vi) or move or destruction of wetlands protection of landmarks, or facilities, fined a maximum of between 5000 and 1000 Yuan, and compensation for damages under the law.

    The preceding paragraph (a), (c) the penalties provided for, shall not exceed a maximum 30,000 yuan.

    36th article violates these rules, causing wetlands pollution or expiration of a temporary occupation of wetlands and refusing to take measures of reparation, restitution, by the competent authorities and the Environmental Protection Department of the people's Governments above the county level forestry organizations to take remedial measures, the persons responsible for fines of between 10,000 yuan and 30,000 yuan, and compensation for damages under the law.

    37th article violates these rules, without authorization, the introduction of exotic species into the wetlands or wetland within the cast of drug from the Forestry Department or other relevant departments of the people's Governments above the county level shall be ordered to desist from the illegal act, fined a maximum of between 5000 and 1000 Yuan in serious cases, fined a maximum of more than 5000 Yuan and 30,000 yuan.

    38th article violates these rules, the people's Government above the county level forestry departments and other departments concerned, of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to the formulation and implementation of wetland conservation plan;

    (B) failing to take the wetland protection measures;

    (C) finding investigation of wetland protection in violation of the provisions of the law;

    (Iv) lack of offence causing serious pollution of wetlands to stop;

    (E) other acts of abuse of authority, dereliction of duty or engages in.

    The sixth chapter supplementary articles 39th article of the rules take effect on March 1, 2013.