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Interim Measures For The Acquisition And Management Of Cordyceps Sinensis In Tibet Autonomous Region

Original Language Title: 西藏自治区冬虫夏草采集管理暂行办法

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(The 2nd ordinary meeting of the People's Government of the Tibetan Autonomous Region of 6 January 2006 considered the adoption of the Decree No. 70 of 8 February 2006 of the People's Government Order No. 70 of the Tibetan Autonomous Region on 1 April 2006)

Chapter I General
Article 1, in order to regulate the collection order of winter pests (hereinafter referred to as “pests”), to preserve, improve the ecological environment of the past, to develop this approach in line with the provisions of the People's Republic of China Act, the Plan for the Protection of Wildlife of the People's Republic of China and other relevant laws, regulations and regulations.
Article 2 collects pests, manages harvesting activities and protects pest resources in the administrative areas of self-government.
Article 3 Governments and relevant sectors of the population at the district level should be governed by the principles protected by law, scientific planning, reasonable use, regulating the collection and promotion of livestock collection, and achieve economic benefits, environmental benefits and social benefits.
Article IV. Agricultural pastoral administrative authorities at all levels of the self-government area are responsible for the management of pests in the current administrative region and the protection of pest resources.
The Government of the People's Government, in the provinces of Psychology (markets, zones), environmental protection, public safety, food medicine surveillance, business, forestry, etc.) and communes (communes), should be managed in pests, pest resources protection within their respective responsibilities.
Article 5 People's Governments should establish sound pest resources for the protection and collection of management responsibilities.
The people's governments in Pestora (communes, districts), communes (communes) should strengthen the management and education of pest-covered people and raise awareness of the protection of grass-roots ecological environments and pest resources.
Article 6. Governments of all regions (markets), districts (communes, districts) should properly deal with contradictions in the popular exhumation of pests in neighbouring provinces (zonals), districts (communes, districts), communes (communes), townships (communes), maintain a social order and promote economic development and social stability, in accordance with the principles of reality.
Chapter II
Article 7 Agricultural pastoral administrative authorities in self-governance areas should prepare sector-wide resource development and protection planning based on local pest resource surveys.
The authorities of the zones (communes, districts) shall develop and protect plans for local pest resource development and protection, with the approval of the Government of the people of the location (communes, districts) and with the approval of the Lands (communication) programme (people's Government), to report back-to-back administrative authorities in the self-government area.
Article 8. Heralths in the core area of natural protection have been banned. The disputed parties have been dealt with in consultation with the region where they have used the disputed dispute. The consultations are not exhaustive and are dealt with in the restricted areas.
Article 9 Agricultural administrative authorities of the Pestangora District (communes, districts) should develop and protect planning, and the collection of pests, based on local pest resources.
The annual plan for the collection of pests should be scientifically and reasonable in determining the area for the collection of pests, the area for collection, the planned collection, the appropriate collection, the number of collectors, the time period for collection and the restricted area and the relevant safeguards.
Article 10 Agricultural administrative authorities (markets, zones) in the area of philosophical heralths should be coordinated in the development of the annual plan for the collection of pests.
Chapter III
The collection of pests should be obtained. The issuance of the evidence was directed at local masss within the area of the fertile area, which were negotiated by the neighbouring communes' governments, for historical traditions across the zones.
The collection of evidence should contain elements such as witnesses and their relevant identity information, the collection of regional and location, the effective duration and environmental protection measures.
Article 12 The collection was commissioned by the authorities of the communes (communes, areas) of the commune (communes).
The application for the collection of pests should be made to the people's Government of the pest-growth (communes) who are licensed in accordance with the principle of openness, equity and justice.
The collection of pests was prohibited or was collected in the restricted area.
Article 13 Pests are collected by the authorities of the agricultural pastoral Administration of the District of Psychology (markets, zones) in the form prescribed by national and autonomous areas. In addition to the payment of rehabilitation fees by law, no cost shall be charged.
The collection must not be forged, sold, painted, transferred, rented and borrowed.
Article 14. In the event of the witnessing of pests by the philosophoon collector, the recovery of herbry was paid by law. Specific payment criteria are determined by the Authority's price authorities and the authorities of the commercial self-government sector.
Article 15. Phild-recoverers should be subject to the management of the agricultural authorities, the communes (communes), and the villagers' committees, in accordance with the collection of evidence.
Article 16 The philosophoon collector shall protect the grass-root ecological environment and the grassland construction facility, and shall comply with the following provisions:
(i) Respect the customs of pested areas;
(ii) The establishment of a residence point shall not undermine the vegetation of her country;
(iii) Conditional exhumation;
(iv) To refrain from using destructive pest-growing tools;
(v) Non-destruction of construction facilities for herbicide and livestock;
(vi) Non-destruction of trees, excavations, excavations of other wildlife values, anti-solitan plants;
(vii) No illegal hunting of wildlife;
(viii) Timely disposal of living garbage;
(ix) To comply with the relevant provisions of the People's Government of Psychology Districts (markets, districts).
Chapter IV Oversight inspection
Article 17
The authorities and communes (communes, zones) such as farming, environmental protection, etc., should strengthen law enforcement supervision, detecting violations of pests and destroying the original ecological environment.
The Government of the people of the pests (communication), the district (communes, districts) should establish pre-removal cases for public events and promptly mediate disputes in the collection of pests.
Public security authorities and the health sector should take effective measures during the pest collection period in order to strengthen the work of the security sector in the prevention and sanitation of sudden public incidents. The people's Government should strengthen the management and education of persons collected in pests in the current administration and assist the people's Government in the processing of sudden public events in pest-recovery areas.
Article 19 Binding contractors and users have the right to advise on violations of the collection of pests, destruction of the grass-root environment and the construction of pastoralist farming facilities, and to report to the people of the location (communes).
No units or individuals shall be denied or obstructed by law enforcement officials of the pastoral administrative authorities. In carrying out the inspection duties under the law, law enforcement officials have the right to take the following measures:
(i) Accreditation;
(ii) Inspections for field-based measurements, photographs, cameras, cameras, etc. on access to pests;
(iii) Forfeiture of extractive tools that undermine herbath;
(iv) Removal of exhumation orders immediately;
(v) Pursuant to the law, persons collecting pests cease violations of herbath management.
Article 21 Finances (markets), districts (communes, districts) and banks, the audit department oversees the issuance of pests and recovery payments.
Chapter V Legal responsibility
Article 22, in violation of the present approach, provides that no collection of evidence or the collection of pests in accordance with the requirements for the collection of the evidence, shall be charged by the authorities of the grazing area (communes, zones) to order their cessation of the collection, forfeiture of the pests collected in the conflict with the law and forfeiture of the proceeds of the violation, which may be fined more than five times the proceeds of the violation; and the licensee may revoke its collection.
The collection of pests in the restricted area is subject to the responsibility of the district-level agro-dustry administration authorities of the pest estate to stop the collection, forfeiture the proceeds of the infest and the violation of the law, which can be fined by more than 6 times the proceeds of the offence, and for the collection of evidence, which may be revoked by the licensee.
Article 23 provides forfeiture, sale, alteration, transfer, rent, borrowing of licensees, which are collected by the authorities of pastoral farming (markets, zones) or by the business administration sector in accordance with their duties, forfeiture proceeds of the conflict and forfeasing the proceeds of the offence may be fined by more than 50,000 yen, without the proceeds of the offence, and fines of more than 5,000 dollars.
Article 24 violates the provisions of this approach, causing spoilers or damage to the ecological environment, which are revoked by the licensee and ordered by the agro-industry authorities of the Pestora (markets, zones) to cease the violation, the period of recovery of vegetation, confiscation of illegal property and proceeds of violation. The late refusal to restore vegetation, the designation of the relevant units and individuals for the rehabilitation of vegetation, the cost being borne by the responsible person, could and be subject to a fine of up to three times the proceeds of the violation, but not to a maximum of $20,000. Without the proceeds of the violation, a fine of more than 5,000 was imposed. The loss was caused to all or users of the grassland, which was legally liable.
In violation of this approach, the destruction of forests, forests and forest lands has been penalized by the forest administration authorities in accordance with the provisions of the People's Republic of China Forest Law and other relevant legislation.
Article 25, in violation of the present approach, does not follow up on the disposal of exclusive public events or measures taken to deal with sudden public incidents in a timely and legally binding manner, with consequences being informed by the Government of the parent population of criticism, corrective action and accountability for the executive responsibility of the main head.
Article 26 Abuse of authority, negligence, infrastructural fraud by agricultural authorities and communes (communes), government staff are not criminalized by law, and is criminalized by law.
Article 27 may apply for administrative review or prosecution. The failure to apply for reconsideration, failure to prosecute and non-implementation of the penalties decision is not applied by the organs that have taken a punitive decision to apply for enforcement by the People's Court.
Annex VI
The Government of the People's Government of the Patriotic Region (communes, districts) may, in accordance with this approach, establish rules for the implementation of the rules for the reporting of pastoral administrative authorities in the self-government area.
Article 29 of this approach was implemented effective 1 April 2006.