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(Promulgated on April 3, 2003 by Decree No. 2 of the Shanghai
Municipal People' s Government)
Article 1 (Purpose and Basis)
With a view to strengthening the
construction and administration of the Chongming Dangtan Bird Nature Reserve and
protecting birds
and the natural environment that they depend for their
survival, these Procedures are formulated in accordance with the provisions
of
the "Regulations of the People' s Republic of China on Nature Reserves" and other
relevant laws and regulations.
Article 2 (Definition)
The Chongming
Dongtan Bird Nature Reserve mentioned in these Procedures (hereinafter referred
to as NR) refers to the special protected
area delimited in Chongming Dongtan
with the approval of the Shanghai Municipal People' s Government (hereinafter
referred to as
the Municipal People' s Government) for the purpose of protecting
birds and the natural environment they depend for their survival.
Article 3
(Scope of Application)
These Procedures shall apply to the planning and
construction of the NR, as well as the related management activities
thereof.
Article 4 (Administrative Departments)
The Shanghai Municipal
Agricultural and Forestry Bureau (hereinafter referred to as MAFB), jointly with
the Chongming County People'
s Government shall be responsible for the
formulation of the planning of the NR, its construction, and its related
management activities,
while the Shanghai Chongming Dongtan Bird Nature Reserve
Administrative Division (hereinafter referred to as the Reserve Administrative
Division) shall be in charge of the routine administrative work of the
NR.
The Shanghai Municipal Environmental Protection Bureau (hereinafter
referred to as MEPB) shall be responsible for the comprehensive
management of
the NR, and exercise direction, supervision and inspection of the environmental
protection in the NR.
Other relevant administrative departments of this
Municipality shall cooperate according to their respective duties in doing a
good
job of the administrative work of the NR.
Article 5 (Protection
Principles)
The construction and management of the NR are designed to protect
the bird species and the natural environment they depend for survival
by
planning in a scientific manner, exercising control by zones, providing dynamic
protection and handling properly the relationship
with the construction of the
local economy and the production and life of the local residents.
Article 6
(Planning of the NR)
The MAFB shall, jointly with the Chongming County
People' s Government and relevant administrative departments and in the light of
the conditions of the bird resources, the natural environment, and the needs of
protection, formulate the planning for the construction
and development of the
NR, and organize the evaluation of environmental impact, which, after being
equilibrated by the planning
departments, shall be incorporated in the national
economic and social development plan of this Municipality, and be implemented
upon the approval of the Municipal People' s Government.
The Reserve
Administrative Division shall formulate annual control plans of the NR
concerning the protection of the bird resources
and the natural environment,
submit them to the MAFB and shall implement them upon its approval, and shall
report them to the MEPB
for the record.
Article 7 (The Delimitation of the
Functional Zones in the NR)
According to the different requirements for the
management of the habitats of birds, the NR shall be divided into three
functional
zones, namely the core zone, the buffer zone, and the experimental
zone.
The scirpus mariqueter belt, and the salinized alga bare mudflat off
the man-made coastal embankment and specified water areas beyond
the Wusong
elevation line of zero meter are natural wetlands where rare bird species such
as white-headed cranes and small swans
and migratory water birds concentrate and
on which they depend for their survival, and shall be designated as the core
zone.
Specified areas from the man-made coastal embankment up to the inner
side of the scirpus mariqueter belt are frequented by migratory
birds in search
of food and shall be designated as the buffer zone.
Other areas within the NR
than the core zone and the buffer zone shall be designated as the experimental
zone.
Article 8 (Adjustment in the Range of the NR and the Functional Zones
Therein)
Any schemes for adjustment in the range of the NR and the functional
zones therein shall be submitted by the MAFB jointly with the
Chongming County
People' s Government and the relevant administrative departments in the light of
the actual changes in the habitats
for birds resulting from the accumulation of
silt in the mudflat and the succession of vegetation. After evaluation and
examination
by the natural protection zone evaluation and examination
commission, such schemes shall be coordinated by the MEPB which shall
put
forward its proposal on examination and approval and report to the Municipal
People' s Government for approval and be promulgated
after that approval.
Article 9 (Setting up of Boundary Markers)
The MAFB shall put up boundary
markers of the Zone in conspicuous positions along the boundary between various
functional zones
within the NR in accordance with the range of the NR and the
functional zones therein approved and promulgated by the Municipal
Government.
Article 10 (Management of Production Activities and Facilities in
the NR)
No production facilities shall be constructed inside the core zone
and the buffer zone.
No production facilities that pollute the environment
and destroy resources shall be constructed inside the experimental zone.
Discharge
of pollutants by existing facilities shall be kept below the discharge
standard provided by the State and this Municipality.
Article 11 (Control
over Personnel Entering the NR)
The number of personnel entering the core and
the buffer zones shall be controlled.
Every year in the peak period of bird
migration, from September to April the following year, the Reserve
Administrative Division
shall take the administrative measure of closing the
core and the buffer zones, and prohibit all personnel from entering the core
and
the buffer zones, except the scientific research personnel and the relevant
administrative personnel who must enter under necessity.
The Reserve
Administrative Division shall decide on the daily number of personnel entering
the core and the buffer zones in the
peak and off-peak periods of birds
migration on the basis of the approved annual control plan, and submit it to the
MAFB for approval
and promulgate it within the first ten days of August each
year.
Article 12 (Administration of Entrance into the NR for Scientific and
Educational Purposes)
Those who need to conduct scientific research,
observation and investigation in the core zone or conduct scientific research,
teaching
practice and specimen collection in the buffer zone shall submit
written applications therefor to the Reserve Administrative Division
before
hand. Overseas organizations or individual persons entering the NR to conduct
scientific research shall submit to the MAFB
written applications therefor. Such
written applications shall include the following contents:
(1) Basic data of
the applicants;
(2) The time, contents, scale, number of persons, scope and
relevant equipment to be used of the proposed activities;
(3) The names and
quantity of animals planned to be captured or animal specimens to be
collected.
If the MAFB or the Reserve Administrative Division accept such
applications in accordance with provisions, they shall make an examination
and
approval decision within ten working days from the date of acceptance. In case
approval is granted, Reserve Passes shall be
issued. Where the capture of
animals or collection of animal specimens is involved, corresponding hunting or
collection permits
shall also be issued. Denial of approval shall be notified in
writing and reasons given therefor.
If the Reserve Administrative Division
deems the scientific research activities conducted by the applicants to be
valuable for the
protection of the bird resources, it may conclude relevant
agreements with the applicants on such matters as the property ownership
and the
use of the research results.
Article 13 (Prohibited Acts)
All units and
individual persons are prohibited from engaging in the following acts in the
NR:
(1) Unauthorized entrance into the core and the buffer zones;
(2)
Hunting or capturing birds by such means, as poisoning, netting or shooting, or
carrying into the NR tools for hunting or catching
birds;
(3) Destroying,
damaging or moving without permission markers and protection facilities of the
NR;
(4) Introducing foreign species that endanger or may seriously endanger
the bird population and the natural environment they depend
for survival;
(5)
Other activities that damage the natural environment.
Article 14 (Entrance
under Emergency Situations)
In case of entrance into the NR for flood
prevention or fighting disasters, or for the avoidance of risks in emergencies
resulting
from disastrous weather impacts, all provisions on the NR shall be
followed, and immediate withdrawal shall be made from the NR
after the removal
of relevant situations.
Article 15 (Administration of Public Order)
Public
security organs in the locality of the NR may set up agencies in the NR as it is
necessary, so as to maintain public security
and order in the NR.
Article 16
(Funding)
Funds for the NR shall come from the following channels:
(1)
Special purpose funds allocated by the financial authorities;
(2) Donations
from domestic or foreign organizations or individual persons;
(3) Funds
raised in other manners permitted by the State.
Article 17 (Commendations and
Rewards and Encouragements)
Those units and individual persons that have
outstanding achievements in the protection, construction and management of the
NR as
well as in related scientific research shall be commended or rewarded and
encouraged.
Article 18 (Legal Liability for Pollutant Discharge Exceeding the
Standard)
Projects or facilities constructed in the experimental zone in
violation of these Procedures that discharge pollutants exceeding
the standard
provided by the State and this Municipality shall be dealt with by the
environmental protection administrative departments
in accordance with relevant
laws, rules and regulations.
Article 19 (Legal Liability for Damaging Markers
or Protection Facilities)
Those who destroy, damage or move without
authorization markers or protection facilities of the NR shall be ordered by the
Reserve
Administrative Division to restore them to their original state, or make
compensations for the losses, and may be accumulatively
penalized with a fine of
between not less than 100 and not more than 5,000 yuan, according to the
seriousness of the case.
Article 20 (Legal Liability for Hunting or Capturing
Birds)
Those who hunt or capture birds in the NR by such means as poisoning,
netting and shooting in violation of the provisions of these
Procedures shall
have their bag, hunting tools and illegal gains confiscated by the Reserve
Administrative Division and be accumulatively
penalized with a fine of less than
8 times the value of their bag, or a fine of less than 2,000 yuan in the absence
of any bag.
Those who hunt or catch key State-protected species shall be
penalized with a fine of less than 10 times the value of their bag,
or less than
10,000 yuan in the absence of any bag. Those whose acts constitute crimes shall
be prosecuted for their criminal liability.
Article 21 (Legal Liability for
Destruction of Natural Resources)
Those who enter without permission the core
or the buffer zones or engage in other activities that may affect the natural
environment
the bird population depends for their survival in violation of the
provisions of these Procedures shall be ordered by the Reserve
Administrative
Division to stop their wrongful activities, have their illegal gains
confiscated, and may be accumulatively penalized
with a fine of between not less
than 100 yuan and not more than 5,000 yuan. Those who cause destruction to the
natural environment
of the NR shall be ordered by the Reserve Administrative
Division to restore it to the original state within a specified period,
or make
compensations for the losses, and may be accumulatively penalized with a fine of
between not less than 300 yuan and not
more than 10,000 yuan.
Article 22
(Effective Date)
These Procedures shall become effective on May 1, 2003.
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