Shanghai Jiuduansha Wetland Nature Reserve Management

Original Language Title: 上海市九段沙湿地自然保护区管理办法

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(September 29, 2003 the 20th Standing Conference of Shanghai Municipal review by October 15, 2003, Shanghai Municipal People's Government 9th release) article (purpose and basis) in order to strengthen on jiuduansha wetland nature reserve in Shanghai ecological environment protection and ecological resources, in accordance with the People's Republic of China nature reserve regulations and the provisions of relevant laws and regulations, with the actual situation, these measures are formulated.
    The second (reserve) Shanghai jiuduansha wetland nature reserve (hereinafter referred to as protected area) is take the wetland ecosystems as protected estuarine wetland nature reserve.
    Article III (scope of application) this approach applies to protected areas planning, construction, protection and related administrative activities.
    Fourth (management) Shanghai Pudong new area people's Government (hereinafter referred to as new Government) commissioned by the municipal government and competent work on protected areas, responsible for protected areas planning, protected area management activities related to construction and Shanghai jiuduansha wetland nature reserve management Department (hereinafter referred to as the jiuduansha's Office) is a protected area management agencies, responsible for the day-to-day management of protected areas.
    Shanghai Municipal Bureau of environmental protection (hereinafter referred to as the municipal environmental protection Bureau) is responsible for the integrated management of protected areas, implementation guidance, supervision and inspection of environmental protection for protected areas.
    The city's development and reform, planning, construction, land, forestry, public security, fisheries, oceans, ports, water supply, and other relevant departments according to their respective responsibilities, coordinate the implementation of these measures.
    Fifth (reserves) to protected areas include jiangyanansha, on the sand, sand, sand under four sand land, as well as the surrounding waters within a certain range, specific scope by the new Government, together with the municipal environmental protection Bureau and other relevant departments put forward a proposal for examination and approval by the City Planning Bureau, reported to the municipality for approval and to the public.
    By geography or the change of the protected area had changed, by the new Government, together with the municipal environmental protection Bureau and other relevant departments to revise the programme, for examination and approval by the City Planning Bureau, reported to the municipality for approval and to the public.
    The jiuduansha protected area approved by the administration shall, according to the municipal government, set clear landmarks in the appropriate location.
    Sixth (principles of management) protection and management of protected areas planning, zone control, unified management and rational use of the principle.
    Seventh (funding sources) protected areas to protect sources of funds include: (a) the financial allocation of special funds, (ii) donations of organizations, enterprises and individuals at home and abroad; (c) the State may allow other ways of raising funds. Eighth (protected area planning) the new Government according to the protected natural environment and wetland ecosystem protection needs, development of ecological construction and development plan together with the municipal environmental protection Bureau, after the approval of the municipal government organizations.
    Approved ecological construction, and development planning, into the city's Pudong new area, and the national economic and social development plan.
    District Governments in the development of ecological construction and development planning processes, shall hear the views of experts in proper form, and organization for environmental impact assessment. Nineth (functional area) according to the characteristics of ecological development, protected areas are divided into core areas, buffer zones and experimental area the three functional areas.
    Establishment and adjustment of the scope of three functional areas, proposed by the new Government programme, after the reserve Review Committee review by the city, and reported to the municipality for approval.
    Jiuduansha's Office should function according to the municipal government for approval of three regional context, set at the corresponding location clearly marked.
    Tenth (core zone, buffer zones, area restrictions) within the core area, in addition to scientific research, must enter the core scientific observation, investigation activities, prohibited to carry out any other activities.
    In the buffer zone, in addition to scientific observation, investigation, teaching practice, specimen collection and other research activities, the law forbids any development activity. In the experimental area, in addition to engaging in activities allowed in the first and second paragraph of this article, but can also be used for tours, eco-tourism, the original species and rare animal and plant breeding and other related activities.
    But against serious impact on hydrodynamic environment and exploitation of ecological resources. 11th article (teaching research activities of management) in reserves within for scientific research observation, and survey, and teaching internship, and specimens collection, teaching research activities of, should prior to nine paragraph sand Management Department submitted written application, written application should including following content: (a) applicants of basic situation; (ii) scheduled activities of time, and content, and scale, and number, and range and using of equipment,; (three) plans capture or collection of flora and fauna name, and number.
    Among them, the need to capture protected wild fauna and flora, or collect State and this city, should also provide a permit issued by the relevant authorities. Jiuduansha's Office should be made within 10 working days from the date of receipt of the application approval decisions and results, and reasons to notify the applicant in writing. Among them, need access to core research activities, jiuduansha's Office should be made within 5 working days from the date of receipt of the application for preliminary review opinions, submitted to the municipal environmental protection Bureau for approval. Municipal environmental protection Bureau should be received within 5 working days from the date of first instance according to the decision, and notify the jiuduansha's Office.
    Jiuduansha's Office shall, after receipt of the decision of the municipal environmental protection Bureau, promptly notify the applicant.
    Jiuduansha's Office considered the applicants to carry out research activities on the ecological environment and ecological conservation value can be signed a related agreement with the applicant, agreed to research issues such as attribution and use.
    12th article (utilization activities of management) in experiment district within carried out visit study, and ecological tourism, and original species and rare flora and fauna farming, utilization activities of, should prior to nine paragraph sand Management Department submitted written application, written application should including following content: (a) applicants of basic situation; (ii) utilization activities of name, and content, and scale, and term and location of detailed reason; (three) utilization activities on environment and resources effect of evaluation. Jiuduansha's Office should be made within 10 working days from the date of receipt of the application for preliminary review opinions, approval of the new Government. New area Government shall within 10 working days from the date of receipt of preliminary review opinions according to the decision, and notify the jiuduansha's Office.
    Jiuduansha's Office shall, after receiving the district approved by the Government decision, promptly notify the applicant and submitted to the municipal environmental protection Bureau for the record in a timely manner.
    13th (pollution prevention) is prohibited in the protected area and its adjacent region large new sewage facilities and waste disposal areas.
    The discharge of sewage and other wastes within the protected area shall not exceed the prescribed standards for pollutants discharge the State and this municipality.
    The new District Government and of jiuduansha's Office should regularly organize environmental monitoring of the protected areas, and to take effective measures to fight environmental pollution.
    14th (pollution) because of an accident or unexpected events, causing or likely to cause pollution of the protected areas, units or individuals should take immediate remedial measures to eliminate pollution or avoid the occurrence of pollution accidents, and inform the jiuduansha Management Department and relevant environmental supervision and management of the reports surveyed.
    15th (special protection of species) of jiuduansha's Office should adopt effective protection measures to protect sturgeon, paddlefish, small swans, green foot Snipes and other national security to protect rare plants and animals, its clustered core area should be designated as protected areas.
    In aquatic breeding areas and migration routes, no reclamation, dams and other destruction of aquatic breeding environment and block the activity of migratory routes.
    16th (the introduction of exotic species control) protected area prohibits the introduction of exotic animals and plants.
    To protect the ecological construction requires the introduction of exotic woody plants should be proposed by the jiuduansha's Office, municipal nature reserve assessment by before the introduction of the Review Committee. 17th (measures) in the ecological environment has been seriously damaged or needs in order to protect the rare plants and animals, approved by the District Government, jiuduansha's Office can reserve part of the taken measures.
    To blockade area, in addition to researchers and managers required to enter, but prohibits any other personnel.
    Take measures, jiuduansha's Office should be announced to the timing and extent of, and report to the municipal environmental protection Bureau for the record.
    18th article (ban behavior) in reserves range within ban following behavior: (a) without approved unauthorized into reserves; (ii) damage, and damaged or unauthorized Mobile reserves landmarks and related protection facilities, and equipment; (three) dug sand, unauthorized cut green; (four) fishing, and hunting, and mining drug, and burning, but legal, and administrative regulations another has provides of except; (five) other damage ecological environment and ecological resources of activities.
    19th (into) for flood control and disaster, salvage, rescue and other reasons to enter protected areas shall comply with reserve provisions, and, in relevant cases is eliminated, immediately exit the protected area. 20th article (penalty is) violation this approach provides, has following case one of of, by nine paragraph sand Management Department according to following provides be punishment: (a) violation this approach 11th article provides, without approved in reserves within for teaching research activities of, ordered its exit reserves, and can sentenced 1000 Yuan above 5000 Yuan following of fine; (ii) violation this approach 12th article provides, without approved in reserves within for utilization activities of, ordered its stop utilization activities, And a fine of 3000 Yuan and 30,000 yuan fines; (c) in violation of these regulations article 14th, environmental pollution has caused, or is likely to cause an accident protected areas, remedial measures are not taken or do not report to relevant authorities in a timely manner, can be fined 500 Yuan more than 5000 Yuan fines;

    (Four) violation this approach 16th article, 18th article first items, and third items, and fourth items, and fifth items provides, unauthorized into reserves or engaged in may damage wetland ecological environment and ecological resources activities of, ordered stop violations, confiscated illegal proceeds, and can sentenced 300 yuan above 5000 Yuan following of fine; on reserves ecological environment caused serious damage of, ordered deadline recovery undisturbed or compensation loss, and can sentenced 1000 Yuan above 10,000 yuan following of fine;
    (Five) violation this approach 18th article second items provides, damage, and damaged or unauthorized Mobile reserves landmarks and related protection facilities, and equipment of, ordered recovery undisturbed or compensation loss, and can according to plot sentenced 100 Yuan above 5000 Yuan following of fine; (six) violation this approach 19th article provides, in related case elimination Hou, not immediately exit reserves of, ordered its corrected, refused to corrected of, sentenced 300 yuan above 3000 Yuan following of fine.
    Violation of paragraph II of this article 13th over emission standards set by the State and the municipality, by the Administrative Department of environmental protection in accordance with relevant laws, regulations and rules of the regulations.
    21st (managers pursue of violations) about managing staff in the course of the implementation of these measures, there is dereliction of duty, abuse of power, favoritism, bribes, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal liability shall be investigated for their.
                            22nd (execution date) these measures shall take effect on December 1, 2003.