Decision Of The State Forestry Administration To Amend Some Rules

Original Language Title: 国家林业局关于修改部分部门规章的决定

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  According to State advance administrative approval system reform of about decided, on following sector regulations for modified: a, and burst forestry harmful biological event disposal approach (on May 23, 2005 national forestry Council makes 13th,) (a) will fourth article second paragraph modified for: "directly endanger human health of burst forestry harmful biological event, for level burst forestry harmful biological event; a level burst forestry harmful biological event yiwai of other burst forestry harmful biological event, for II level burst forestry harmful biological event. "(B) the fifth paragraph is amended as:" level pest emergencies events, confirmed by the State Forestry Administration, secondary forest pests in emergency events, the people's Governments of provinces, autonomous regions and municipalities directly under the forestry authority confirmed.

"(Iii) of the 13th" should prompt escalation to forestry authorities of provinces, autonomous regions and municipalities, and both the people's Governments at the same level "is amended as:" the escalation of State Forestry Bureau shall, in accordance with the relevant provisions ".

One paragraph is added as the second paragraph of "report of forest pest emergencies, including pest species, place and time, level, the degree of hazard, measures taken as well as the related picture material and other content".

(D) the modify the 14th article to "State or province Forestry Bureau, State forest authorities and municipalities should organize experts and officers of County forestry authorities reported investigations and feasibility studies, confirm that belongs to the forestry harmful biological emergencies."

The second paragraph is amended as "confirmed belong to the level of the forestry harmful biological emergencies, the State Forestry Administration should launch emergency; identified belonging to the second level of the forestry harmful biological emergencies, forestry authorities of provinces, autonomous regions and municipalities should activate contingency plans."

Delete the third paragraph.

(E) delete article 16th.

(Vi) the 22nd to 21st, and will be one of "in accordance with the relevant provisions of the State administrative sanctions" is amended as "shall be given sanctions."

In addition, the clause order was adjusted accordingly.

Second, the domestic Giant Panda loan regulations (July 25, 2011 to 28th, the State Forestry Administration) will be the seventh article is revised as follows: "exhibition from the evidence on both sides."

This decision shall come into force as of the date of.



According to this decision, to the solution of forest pest emergencies and the domestic Giant Panda loan regulations be amended and republished.

Solution of forest pest emergencies (May 23, 2005, the State Forestry Administration, 13th November 24, 2015, national forestry Board modified the 38th), first to forest pests in emergencies in a timely manner, control of forest pests spread, spread, to reduce disaster losses, according to the regulations of the forest disease and pest control and plant quarantine regulations and other relevant provisions of these measures.

Article forest pests mentioned in these measures refers to damage forests, trees and forest tree seed growth and caused economic losses of diseases, insects, weeds and other pests.

Article unexpected in these measures of forestry harmful biological events, refers to outbreaks, danger or a large area of forestry harmful biological hazards, including: (a) the pest directly endanger human health;

(B) from the country (territory), new incoming forest pests;

(C) the new forestry quarantine pest outbreaks;

(D) forestry even victims of non-quarantine pest causes leaf area over 10,000 hectares, branches affected more than 1000 hectares of inundated area of contiguous.

Forest pests in the fourth breaking events are divided into tier I and Tier II.

Forest pest emergencies events that directly endangers human health, level forest pest emergencies; level outside the forestry harmful biological emergencies forest pests in other unexpected events, for the secondary emergency forestry harmful biological events.

Forest pest emergencies at the fifth level, confirmed by the State Forestry Administration, secondary forest pests in emergency events, the people's Governments of provinces, autonomous regions and municipalities directly under the forestry authority confirmed.

Belongs to the country (territory), new incoming forest pests, and for the first time in the provinces, autonomous regions and municipalities within the scope of forestry quarantine pests, pest inspection and testing center of State Forestry Bureau identification.

Sixth National Bureau of forestry is responsible for organizing, coordinating and guiding the disposal of forest pests in emergency work throughout the country.

Forestry authorities in the people's Government of the people's Governments at and above the county level, under the leadership of specific responsibility for disposal of forest pest emergencies within their respective jurisdictions. Seventh National Bureau of forestry is responsible for the organizations to develop a level pest emergency plans.

The provinces, autonomous regions and municipalities directly under the competent forestry authorities are responsible for organizing the development of the area of secondary forest pest emergency plans.

Main contents of the emergency plan of forest pest emergencies are: emergency command system and their responsibilities, warning and prevention mechanism, emergency response and later to assess and deal with the aftermath, safeguards, and so on.

Article eighth County forestry authorities shall, in accordance with forest pests in emergency plans, developing this area of forest pest emergency implementation plan.

Forest pest emergencies emergency implementation of key elements of the programme are: (a) emergency response command structure and personnel, (ii) emergency duties and procedures; (c) pest control and prevention measures and (d) forest pest emergency material protection.

Nineth forestry authority of the people's Governments above the county level shall strengthen the forest pest forecast laboratory, quarantine inspection laboratory, forest seedlings and wood disinfestation facilities, material storage, infrastructure construction such as communications equipment, pharmaceuticals, equipment and other related matériel reserve.

Tenth County forestry authorities shall organize the forestry harmful biological emergency disposal of relief workers in professional and technical training, technical exercises, improve emergency handling skills.

11th people's Governments above the county level forestry departments of forest pest and disease control agencies and the Central forecast points, should be timely investigation and monitoring of forest pests, comprehensive analysis and forecast data, and proposed prevention and control program.

Forest pest and disease control agencies and the Central forecast points, shall establish a forest pest monitoring files, master the dynamics of forest pests.

The township (town) forestry station, Ranger requested by the forestry authority of the people's Governments above the county level, involving the investigation and monitoring of forest pests.

12th forest pest and disease control agencies and the Central forecast points, suspected anomalies such as the forest pest emergencies, shall be reported immediately to the local people's Governments at the county level forestry authorities.

Citizens, legal persons or other organizations have found suspected anomalies such as the forest pest emergencies should be reflected to the forestry authority of the people's Governments above the county level.

13th County forestry authorities suspected anomalies such as the forest pest emergencies received report or the situation reflects, it shall carry out investigation to verify; considered to be of the forestry harmful biological emergencies, shall, in accordance with the relevant provisions of escalate the national forestry administration.

Report of forest pest emergencies, including pest species, place and time, level, the degree of hazard, measures have been taken and the related picture material and so on.

14th National Bureau of forestry, or provinces, autonomous regions and municipalities directly under the competent forestry authorities shall organize experts and officers of County forestry authorities reported investigations and feasibility studies, confirm that belongs to the forestry harmful biological emergencies.

Confirmed belong to the level of the forestry harmful biological emergencies, the State Forestry Administration should launch emergency; identified belonging to the second level of the forestry harmful biological emergencies, forestry authorities of provinces, autonomous regions and municipalities should launch emergency plan.

15th State Forestry Administration should be in accordance with the provisions of the State Council on disaster reporting system, timely report to the State Council about the forestry harmful biological emergencies. First-level information about the forestry harmful biological emergencies, released by the State Forestry Administration, in accordance with the provisions.

Secondary information about the forestry harmful biological emergencies, the people's Governments of provinces, autonomous regions and municipalities directly under the forestry authority issued pursuant to the provisions.

16th pest emergency plans approved after the launch, the people's Governments at the county level where forestry authorities accordingly launched the emergency plan, immediately take emergency control measures, cut off the transmission to prevent spread.

Emergency response and contingency plan in accordance with provisions of article 17th termination conditions, shall not be terminated.

18th provincial, autonomous region forest authorities and municipalities should be dealt with according to forest pest emergency needs, area delineation of the programmes and plans of established quarantine checkpoints in accordance with law, submitted to the provincial, autonomous regional and municipal people's Government for approval.

Forest pests in 19th level emergency event, organized by the State forestry administration experts to conduct research, collect relevant information, a comprehensive evaluation report; secondary pest emergencies events occur, the people's Governments of provinces, autonomous regions and municipalities directly under the Forestry Department organized experts to conduct research, collect relevant information, a comprehensive evaluation report.

County forestry authorities under the comprehensive assessment report should be revised and improved contingency plan.

20th directly endangers human health, from the country (territory) new incoming outside or across provinces, autonomous regions and municipalities directly under the spreading forest pests, the State Forestry Administration and the relevant province, autonomous region forest authorities and municipal people's Governments shall organize a scientific research study on prevention measures and establish relevant technical standards of inspection and quarantine, and law to determine whether as a forestry quarantine pests.

21st forestry authorities, forest pest and disease control agencies and the Central forecast points of dereliction of duty, favoritism and resulted in forest pests spread, spread, given administrative sanctions according to law; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.



22nd article of the rules take effect on July 1, 2005.

Domestic Giant Panda loan regulations (July 25, 2011, the State Forestry Administration, 28th November 24, 2015, national forestry Board modified the 38th) first in order to strengthen the protection of giant pandas, regulate the pandas home loan management to ensure healthy development of the captive population of giant pandas, raise public awareness of wildlife protection, promoting the construction of ecological civilization, according to the People's Republic of China wildlife conservation law and other relevant laws and regulations, this provision is enacted.

Second exhibition in these rules refers to the cultural exchange, science advocacy or public education purposes, lend or borrow the Panda exhibition.

Third exhibition giant pandas should be guided by science, principles of moderate should not endanger the development of populations of giant pandas bred in captivity, not simply for the purpose of profit.

Fourth exhibition of giant pandas borrowed should be commensurate with the domestication and breeding of giant pandas in funds, facilities, and personnel and other conditions, achieved with the domestication and breeding of wildlife under special State protection of the giant panda species license.

Fifth artificial breeding of giant pandas should be used for exhibition of healthy individuals over 2 years of age under 25 years of age.

Non-breeding and rescue giant pandas in the wild is prohibited for loan bans will be under 2 years of age and over 25 years of giant pandas for exhibition.

Sixth exhibition shall sign a written agreement between the parties, giant pandas living conditions, medical care, emergency condition and contingency plans, loan term, fees, loan exhibition after the giant panda returned to liability for breach of contract.

Loan periods of not less than 1 year of giant pandas, but due to force majeure, except in exceptional circumstances.

Seventh article application take exhibition Panda, should submitted following written material: (a) wildlife protection management administrative license matters application table; (ii) take exhibition both of units proved material; (three) take exhibition both has Panda species of national focus protection wildlife domesticated breeding license; (four) take exhibition both signed of take exhibition agreement; (five) take out party Panda captive population status description material; (six) take exhibition Panda individual pedigree,, and mark, identity proved material;

(VII) borrowed through outreach activities and the giant panda breeding and management, science education programs; (h) exhibition from provincial forestry administrative departments on both sides of exhibition activities in writing.

Article eighth loaned pandas in accordance with the following procedures shall be followed: (a) loaned the State Forestry Administration to apply. (B) according to law after accepting the State Forestry Administration, application materials should be reviewed. Review compliance with these requirements, State Forestry Administration decision on approving an administrative license is made within 20 working days.

If necessary, the State Forestry Bureau may appoint an expert to borrow in the 30th through outreach activities, Panda breeding and management programmes and facilities to demonstrate or field tests.

(C) National Bureau of forestry administrative permit decision, lend, borrow the local provincial forestry administrative departments of the people's Governments respectively in the exhibition before the start and end according to the State Forestry Administration issued administrative licensing instruments after giant pandas leave lending, borrowed transport documents.

Nineth loaned during the borrowing party should meet the giant pandas live, physical health, feeding and medical conditions.

During the exhibition, borrowed case files and keeping logs of giant pandas should be established, containing the giant panda breeding and management, health and so on. During the exhibition, prohibit collection loaned pandas samples such as blood, semen, but except for the giant panda physical examinations.

Otherwise provided for by laws and regulations, from its provisions.

During the exhibition, borrowing shall not be loaned pandas lent to third parties.

During the tenth exhibition, lending should be borrowing loan giant panda breeding management and disease control, guidance, and should the loaned pandas were once a year of the health check.

11th the State Forestry Administration and exhibition from each local government departments of wildlife administration shall pair through outreach activities, supervise and inspect the situation, urging exhibition improve emergency mechanisms on both sides.

Exhibition from both sides shall cooperate with supervision and inspection, and truthfully provide relevant material.

12th article take exhibition during, take exhibition Panda occurred injured, and sick, burst event of, take into party should notification take out party, timely take ambulance measures, and report location County above place Government wildlife administrative competent sector; take exhibition Panda occurred disability, and death, major burst event of, take into party should immediately notification take out party and report location provincial government forestry administrative competent sector and national forestry Council.

Related government departments of wildlife administration shall supervise loan shows both sides properly in accordance with emergency plans in case of emergencies.

13th article in take exhibition during, take out party or take into party violation this provides of, by County above Government wildlife administrative competent sector in accordance with wildlife protection legal regulations give punishment; wildlife protection legal regulations no provides of, can according to plot weight made following processing: (a) give warning, and ordered deadline corrected; (ii) has illegal proceeds of, sentenced illegal proceeds 1 time times above three times times following and not over 30,000 yuan of fine; no illegal proceeds of, sentenced 10,000 yuan following of fine.

After correction still refuses, can be ordered to stop by the State Forestry Administration outreach activities, deadlines to send the pandas return to lending.

During the exhibition, lending or borrowing of illegal acts constitute a crime, criminal responsibility shall be investigated according to law.

14th article take out party or take into party exists following case one of of, national forestry Council 1 years within not approved carried out Panda take exhibition activities: (a) application administrative license process in the hide about situation or provides false material of; (ii) unauthorized take out or lent Panda of; (three) major fault caused Panda death of; (four) refused to tie levels Government wildlife administrative competent sector supervision check or refused to implementation wildlife administrative competent sector punishment decided of.

Lending or borrowing by fraud, bribery or other improper means an administrative license, the State Forestry Administration rejected Panda exhibition activities carried out within 3 years.

15th staff of the competent departments of wildlife administration under the people's Governments at various levels in the giant panda on loan management process, abuse of power, favoritism, given administrative sanctions according to law; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Mentioned in the 16th article of the regulations "above" include the number, "the following" not including the number itself. 17th these provisions come into force on September 1, 2011.

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