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Circular 13/tt-2013/bnnptnt: Regulations For Establishment And Management Of The Provincial Marine Protected Areas

Original Language Title: Thông tư 29/2013/TT-BNNPTNT: Quy định thành lập và quản lý khu bảo tồn biển cấp tỉnh

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 29 /2013/TT-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 4, 2013

Planning to establish and manage the Provincial Marine Conservation Area

_________________

Base of Protocol 01 /2008/ND-CP, 03 January 2008 by the Government Regulation, mandate, authority and organizational structure of the Ministry of Agriculture and Rural Development; Decree of the Ministry of Agriculture. 75 /2009/ND-CP, September 10, 2009 on Amendment Article 3 Decree 01 /2008/NĐ-CP 03 January 2008 by the Government Regulation, mandate, authority and organizational structure of the Ministry of Agriculture and Rural Development;

Base of Protocol 57 /2008/ND-CP, May 2, 2008 the Government on the Board of the Governing Statute of Vietnam Marine Conservation Areas is of national importance, international;

The base of the decree. 65 /2010/ND-CP June 11, 2010 by the Government Regulation and Guide to some of the provisions of the Biodiversity Law;

At the suggestion of the president of the General Directorate of Fisheries;

The Minister of Agriculture and Rural Development issued the Founding Regulations and the management of provincial marine protected areas.

Chapter I

GENERAL REGULATION

What? 1 . Adjustment range

It provides for the establishment and management of the Provincial Marine Reserve, the Central City of Central (later known as the Provincial Marine Conservation Area).

What? 2. Apply objects

It applies to organizations, domestic individuals; organizations, foreign individuals involved in the establishment and management of provincial marine protected areas.

What? 3 . The criteria for the establishment of a provincial marine reserve.

The Provincial Marine Reserve is classified as a Species Conservation Area, Bioresource Reserve.

1. Species reserve, which meets enough of the following criteria:

a) A marine area with one or more animals, precious aquatic plants, rare endangered species, need protection; there are common or less human-affected ecosystems, which need to be managed, protected, preserved;

b) As a marine area of ecological value, the response environment serves the purpose of scientific research, education, tourism, and tourism.

2. The aquatic natural resource reserve meets all the following criteria:

a) The area of the sea has typical ecological systems, the residence or the feeding of many aquatic animals; there are beaches or areas that are not mature; the additional breeding for the adjacent waters;

b) As a marine area of ecological value, the response environment serves the purpose of scientific research, education, tourism, and tourism.

Chapter II

ESTABLISHMENT OF THE PROVINCIAL MARINE RESERVE

What? 4 . Project to establish Provincial Marine Conservation Area

1. Base to the Vietnam Marine Conservation Area system planning has been approved, the Department of Agriculture and Rural Development conducted the project to establish the Provincial Marine Conservation Area.

2. The project contents include:

a) The purpose of preserving seafood benefits; the meeting of the criteria for regulation at this Article 3;

b) The status of natural ecosystems, species of endangered species Category, precious, rare protection priority; environmental landscapes;

c) Quote the map, geographic location, area, boundaries that each function is expected to establish a sanctuary; the stability of life or relocation of households, individuals out of the site of the development of the reserve;

d) The organization of the reserve management apparatus;

The draft of the reserve management process;

e) The solutions, organizational methods.

What? 5. Appraisal Project and Decision to establish Provincial Marine Conservation Area

The Department of Agriculture and Rural Development addressed the Ministry of Agriculture and Rural Development on the Project Cradle Project; after the opinion of the Ministry of Agriculture and Rural Development, the Department of Agriculture and Rural Development sent the project to establish a conservation area. the provincial sea level to the Committee of the Provincial People's Department of Consideration, the organization of the appraisal council.

1. The filing recommended that the project appraisal includes:

a) The proposal for the planning of the project to establish the Provincial Marine Conservation Area;

b) The draft decision to establish the Provincial Marine Conservation Area;

c) The project established the marine protected area with regulatory content at Article 4 of this Information;

d) The results of the investigation evaluated the status quo of biodiversity, scientific research; conservation area planning maps; planning areas of conservation area function;

The accepted text of the Ministry of Agriculture and Rural Development; the general public opinion of the departments, departments, departments, the People's Committee, where the reserve is expected to establish or adjacent to the marine protected area.

2. The Board of Judges is at least 7 members led by the leadership of the Provincial Committee as President; members are leaders of the Department: Agriculture and Rural Development, Natural Resources and Environment, Culture-Sports-Tourism, Planning and Investment, Finance, Finance and Finance. It's representative of the District People's Committee, where the reserve is founded.

3. appraisal content:

a) The need to establish the marine reserve; object and conservation objectives;

b) The level of meeting criteria for the conservation area;

c) The geographical location; the boundary and area of the reserve; the area of the functional division of the reserve;

d) The solution, organizational method;

The management of the reserve.

4. The decision to establish the provincial marine reserve

The Provincial People's Committee reviewed, decided to establish and approve the management of the Provincial Marine Conservation Area.

Chapter III

MANAGE MARINE RESERVE

Item 1

MARINE RESERVE MANAGEMENT

What? 6 . Establishment of the Marine Conservation Area Management Board

1. The Marine Conservation Area Board is a public career unit, which has its own seal, which is open-funded by law and is based for work.

2. Founded the Marine Conservation Area Management Board

The chairman of the provincial People's Committee decided to establish the Department of Marine Conservation Area Management Board.

3. Organisable Structure: Board of Marine Conservation Area may have the following rooms:

a) the media department and community development;

b) Scientific Research Laboratory;

c) The office;

d) Patrol, control.

In addition, based on the specific conditions of each conservation area, the structure of the Reserve Board of Conservation may be added to one or several units of subordination such as: Environmental Education Center; eco-tourism and environmental services; the rescue facility. Aquatic plants.

In accordance with the provisions of the Biodiversity Law, administered by the UBND, which includes both marine conservation contracts, the Board of Conservation Areas need to supplement the function, task, and establishment of the department to manage marine conservation.

4. Mission, the powers of the Department of Marine Conservation Area Management are specifically regulated at the Management Regulation of the Marine Conservation Area.

5. The financial source of the marine reserve; management, financial use of the marine protected area applied under Article 10; Article 11 rules at the Digital Protocol. 57 /2008/NĐ-CP April 2, 2008 of the Government on the Regulation of Marine Conservation Area is of national importance, international.

Item 2

ACTIVITIES IN MARINE RESERVE

What? 7 . Protect and restore the typical ecosystems

1. Investigation of the status of ecosystems (corals, seagrasses) in the reserve, the original profile to monitor the volatility of ecosystems.

2. Collectiate and store information about the annual and the cause of the course on the area, the quality of the ecosystems (corals, seagrass).

3. Build a project, the project to preserve and restore lost ecosystems or is in decline within the scope of the reserve.

4. Check out, monitor, promote the implementation of the conservation plan and restore the ecosystems (corals, sea grasses) of the reserve.

What? 8. Protect and develop endangered species, precious, rare.

1. Investigation, study, specimen retention, composition of composition, distribution, biological properties of the precious aquatic species, rare endangered endangered species in the reserve.

2. Trace on the course and cause of the course of the precious aquatic species, rare endangered endangered species of extinction.

3. Build, approve the annual plan to protect and develop the precious aquatic species, which is rare to be endangered in the reserve.

What? 9. Scientific research, education raising awareness and exercises in the marine protected area. .

Organizations, individuals with the need to conduct research activities, teaching and exercises in the marine protected area must ensure the following regulations:

1. There is a scientific research plan, the media program that raises awareness, exercises in the reserve that is approved by the regulatory agencies.

2. Serious implementation of the regulations of the reserve and subject to the specific guidance of the Management Board, the organization is entrusted with the conservation of the conservation site where the activities of scientific research, teaching and practice.

3. Only allowed to collect genetic specimens of the studied species with the number identified in the research plan have been approved by the Conservation Area Board.

What? 10. Biodiversity View

1. The Marine Conservation Board is responsible for self-organizing or affiliated with the scientific authorities to conduct biodiversity observations in the conservation area under the program, the plan that has been approved annually of the marine protected area, subject, media and media. France, the time of observation is detailed in the observational plan.

2. Biodiversity observational subjects are typical aquatic ecosystems, endangered species, precious, rare, protected priority.

3. Biodiversity results include specimens, annual observational records that are stored at the Conservation Area Management Board and are reported to the Department of Agriculture and Rural Development Management.

What? 11. Participation and tourism in marine reserve

Participating activities, tourism in marine protected areas must comply with the management of the Marine Conservation Area and the existing regulations. Reserve management can organize attractions, tourism in the reserve in one or more of the following methods:

1. Self-organization to visit tourism;

2. Support community support for tourism.

3. Link, joint venture with organization, individuals in and out of the country perform travel services activities.

Chapter IV

MANAGEMENT PLAN AND REPORT MODE

What? 12. Management Plan

1. Build a Marine Conservation Area Management Plan

The Marine Conservation Area Board is responsible for the construction of a five-year management plan and annually the Agricultural and Rural Development Department of the Rural People's Committee reviewed, approved;

2. The basic contents of the management plan include:

a) Protect and recover aquatic ecosystems and endangered species, rare protection priority;

b) Research, scientific experiment, which has a biometric observational activity;

c) Proclamation, education;

d) Service and use of labor;

e) Building the basics and finances.

What? 13 . Report mode

1. Every year, the Conservation Area Board reports the status of biodiversity, the management of activities in the reserve that sends the Department of Agriculture and Rural Development, the Provincial People's Committee.

2. The report on the biodiversity status of the reserve must have the following principal contents:

a) In fact, the condition of recovery and the recovery plan of natural ecosystems in the reserve;

b) In fact and plan to preserve the species of the precious aquatic category, it is rare for priority protection in the reserve.

Chapter V.

THE ORGANIZATION.

What? 14. Responsibility for the management of the marine reserve

1. Fisheries Directorate

a) Guide, to examine the establishment and organization of the implementation of regulatory content at this Smart;

b) The organization propagated, dissembling this information to the Department of Agriculture and Rural Development, agencies, related units, and the Department of Marine Conservation Areas.

2. Department of Agriculture and Rural Development

a) Popular, tracking and evaluating the implementation of this Notice in the locality.

b) Command the Department of Marine Reserve Board to take this information seriously.

c) Every year reports the Ministry of Agriculture and Rural Development, the Provincial People's Provincial Committee for the Management of Marine Conservation Areas.

What? 15 . Performance Performance

It has been in effect since 22 July 2013.

For a Marine Conservation Area Board that is established and enters the operation prior to the date of the Executive Board, it will be conducted in search of the organizational structure under paragraph 2, paragraph 3, Article 6 of this Information.

In the time of the practice, if there is an entangriation of the Ministry of Agriculture and Rural Development to regulate, modify, add ./.

KT. MINISTER.
Captain.

(signed)

-Eight.