Regulations on Wetland Protection Regulations of Heilongjiang Province

Heilongjiang Province Wetland Protection Regulations

(Adopted at the 22nd meeting of the Standing Committee of the 12th People’s Congress of Heilongjiang Province on October 22, 2015)

< p>Chapter 1 General Provisions

Article 1: In order to strengthen wetland protection, maintain wetland ecological functions and biodiversity, and promote the sustainable use of wetland resources, in accordance with the provisions of relevant laws and administrative regulations and in combination with the actual conditions of this province, Enact these regulations.

Article 2 These regulations shall apply to activities related to wetlands within the jurisdiction of this province.

Article 3: Wetlands as mentioned in these regulations refer to areas or waters that accumulate water all year round or seasonally, are suitable for the survival of animals and plants, have certain ecological functions, and are included in the wetland list, including swamps, lakes, rivers, etc. Natural wetlands and artificial wetlands such as ponds.

Article 4 Wetland protection follows the principles of priority protection, scientific utilization, strict management and sustainable development.

Article 5 People’s governments at or above the county level shall have overall responsibility for wetland protection within their own administrative regions.

Article 6 The provincial forestry administrative department is the provincial wetland administrative department; the municipal (prefecture, the same below) and county (city, district, the same below) people's government (administrative office) forestry administrative department is responsible Wetland protection within this administrative region; the administrative department of key state-owned forest areas is responsible for the protection of wetlands within the scope of key state-owned forest areas (the above departments are collectively referred to as the wetland administrative department). Wetland authorities are responsible for the protection, utilization, supervision and management of wetlands, and are responsible for supervising and guiding wetlands managed by other departments and units.

The development and reform, finance, land and resources, public security, animal husbandry, water administration, housing and urban and rural construction, agriculture, fishery, tourism, transportation, meteorology and other departments shall comply with relevant laws, regulations and the provisions of these Regulations , responsible for protecting wetlands. The environmental protection administrative department shall be responsible for supervising the environmental protection of wetlands in accordance with the provisions of environmental protection laws and regulations.

The township (town) people's government and sub-district offices (including communities, the same below) are responsible for the protection of wetlands in their areas and should organize relevant village committees and residents' committees to do a good job in wetland protection.

The protection and management of the wetlands in the Harbin section of the Songhua River shall be clarified by the Harbin Municipal People's Government in accordance with the provisions of these regulations and the competent departments and their specific responsibilities.

Article 7 If the people's governments at or above the county level and their relevant departments violate the provisions of these regulations and cause damage to the wetland ecological environment, the main responsible persons and persons in charge shall be investigated in accordance with the national regulations on liability for ecological environmental damage. responsibility.

Article 8 People’s governments at or above the county level shall establish wetland nature reserves and wetland park management agencies in accordance with the law and clarify management responsibilities. For important wetlands managed across administrative regions or departments, the people's government at the next higher level may establish a management committee to uniformly organize and coordinate the management of the wetlands.

Wetland management agencies perform the following responsibilities: (1) Promote and implement laws, regulations and rules related to natural resource management and ecological environment protection; (2) Organize and implement wetland protection plans; (3) Formulate And organize the implementation of various management systems and emergency plans for wetlands;

(4) Unify the protection and management of wildlife and other natural resources in wetlands;

(5) Organize and carry out Scientific research and popular science education on the investigation, monitoring, evaluation, protection and utilization of natural resources and ecological environment; (6) Responsible for fire prevention inspections, fire risk monitoring and daily prevention management in wetlands; (7) Responsible for pest control, epidemic prevention and control Monitoring of source diseases; (8) Managing scientific research, teaching, visits, inspections and eco-tourism activities in wetlands; (9) Carry out exchanges and cooperation on international and domestic wetland protection and management;

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(10) Centrally exercise the power of administrative penalties for wetland protection and management within the jurisdiction.

Article 9 People’s governments at or above the county level shall incorporate wetland protection into national economic and social development plans and comprehensive evaluation and assessment systems, and wetland protection and management funds into the fiscal budget at the same level.

Establish a wetland ecological red line system. People's governments at or above the county level should scientifically delineate and strictly observe wetland ecological red lines to ensure that the ecological functions of wetlands are not reduced, the area is not reduced, and the nature is not changed.

Establish a wetland protection compensation system, and specific implementation measures will be formulated separately by the Provincial People's Government.

Article 10 Wetland authorities and wetland management agencies at or above the county level shall investigate and monitor the natural resources, ecological environment and biodiversity of wetlands, and organize scientific research units to carry out wetland scientific research, technological innovation and Technology promotion work to improve the scientific and technological level of wetland protection, utilization and management.

Article 11 June every year is Wetland Protection Publicity Month, and June 10th is Heilongjiang Wetland Day.

People's governments at all levels and their relevant departments and news media should organize and carry out publicity and education on wetland protection, popularize wetland protection laws, regulations and scientific knowledge, spread wetland culture, and raise the awareness of wetland protection in the whole society.

Chapter 2 Planning and Listing

Article 12 The provincial forestry administrative department shall work with relevant departments and units to prepare a provincial wetland protection plan and submit it to the Provincial People’s Government for approval before organizing its implementation. .

The municipal and county people’s governments shall, in accordance with the wetland protection plan at the next higher level, organize the preparation and implementation of the wetland protection plan for their respective administrative regions, and at the same time report it to the wetland competent department of the people’s government at the next higher level for filing.

Article 13 Wetland protection planning shall comply with the overall land use planning, urban and rural planning, and environmental protection planning, and shall be coordinated with special plans for water resources, flood control, soil and water conservation, forestland protection and utilization, and tourism development.

Article 14 Wetland protection planning shall include the following contents: (1) Wetland resource distribution, types and characteristics, ecological functions and status of water resources and wildlife resources; (2) Overall protection and utilization Requirements, goals, measures, and protection responsibilities;

(3) Wetland protection planning and construction layout;

(4) Analysis and evaluation of ecological, social and economic benefits; (5) Guarantees measure.

Article 15 When formulating or revising a wetland protection plan, opinions from relevant units, experts and the public shall be openly solicited.

The approved wetland protection plan shall be announced to the public.

No unit or individual may modify the wetland protection plan without approval. If modification is really necessary, it shall be submitted for approval and filed in accordance with the original approval procedures. The wetland protection plan should be re-announced after revision.

Article 16 Wetland protection shall be managed by inventory. The provincial forestry administrative department shall draw up a list of wetlands in the province based on the survey results of wetland resources, submit it to the Provincial People's Government for approval and publish it.

The wetland inventory should clarify the name, type, protection level, protection scope, competent department or management agency and other matters of the wetland.

Article 17 Wetlands shall be protected at different levels. Wetlands are divided into important wetlands and general wetlands according to their ecological functions and environmental benefits as well as the importance of key protection of wild animal and plant species. Important wetlands include internationally important wetlands, nationally important wetlands and provincially important wetlands. Wetlands other than important wetlands are general wetlands.

Article 18 The classification standards and protection and management measures for internationally important wetlands, national wetland nature reserves, and national wetland parks shall be implemented in accordance with relevant national regulations.

The classification standards and protection and management measures for provincial important wetlands shall be formulated by the provincial forestry administrative department in conjunction with relevant departments.

Article 19 When the people's governments at or above the county level issue real estate registration ownership certificates, if the real estate contains wetlands, they shall indicate the wetland type, area, scope and other contents that need to be indicated according to law.

Article 20: The wetland authorities or wetland management agencies shall set up protection signs for declared wetlands. No unit or individual may damage, alter or move wetland protection signs without authorization.

Chapter 3 Wetland Protection

Article 21 Wetland protection can take the form of establishing wetland nature reserves, wetland parks, and wetland protection communities.

Article 22 The establishment and management of wetland nature reserves shall be implemented in accordance with relevant national and provincial regulations.

It is prohibited to expand the area of ??cultivated land in the wetland nature reserve, and gradually return farmland to wetland, forest, and grassland. Existing farmland should be developed into organic agriculture under the guidance and supervision of the wetland authority or wetland management agency.

Article 23 Wetland parks may be established in wetlands with a certain scale and landscape value that are suitable for ecological display, popular science education, eco-tourism and other activities.

Article 24 Wetland parks are divided into national wetland parks, provincial wetland parks, municipal wetland parks and county-level wetland parks.

The establishment and management of national wetland parks shall be implemented in accordance with relevant national regulations.

Provincial, municipal, and county-level wetland parks are established and named by the people's governments at the same level.

Article 25 Wetland parks can be managed by zoning. Wetland parks that adopt zoning management can be divided into wetland conservation areas, restoration and reconstruction areas, ecological function display areas, rational utilization areas, management service areas, etc. according to the main functions of the wetlands.

Article 26 The people's government at or above the county level where wetland nature reserves and wetland parks are located may, based on protection needs, delineate a certain area of ??peripheral protection zones outside wetland nature reserves and wetland parks.

Article 27 For wetlands with important ecological locations and obvious ecological functions that do not yet have the conditions to establish wetland nature reserves and wetland parks, wetland protection can be established with the approval of the people's government at or above the county level where the wetlands are located. community.

The management measures for wetland protection areas shall be announced by the provincial forestry administrative department within six months after the implementation of these regulations.

Article 28 For wetlands where wetland nature reserves, wetland parks and wetland protection areas have not been established, the people’s governments at or above the county level shall, based on the actual situation, take corresponding protection measures to prevent the reduction of wetland area and the loss of wetland areas. pollution, and maintain the structure and function of wetland ecosystems.

Article 29 The water bodies, topography, wild animals, vegetation, etc. in the wetland shall remain ecologically intact. If artificial changes are really necessary, they should comply with the wetland protection plan.

Article 30: Reed-cutting, grass-cutting and other activities in wetlands shall be carried out in accordance with the scope and relevant regulations delineated by the wetland authorities or wetland management agencies, and wetlands and wildlife habitats shall not be damaged.

Article 31: If the ecological characteristics of wetlands are degraded due to climate change, natural disasters, etc., the people's governments at or above the county level shall carry out comprehensive management by returning farmland, replenishing water, intercepting pollution, banning grazing, limiting grazing, Measures such as seasonal grazing and ecological migration are used to restore the ecological functions of wetlands.

Wetland authorities or wetland management agencies shall, based on the needs of wetland ecological balance, implement regular closures and rotations of important areas, and may delineate certain areas to restrict the entry of personnel.

If the ecological characteristics of important wetlands are degraded due to project construction, etc., the provincial forestry administrative department shall work with relevant departments to urge and guide the project construction unit to restore within a time limit.

Article 32: Establish a wetland ecological water replenishment mechanism. For wetlands with serious seasonal water shortages, the people's government at or above the county level shall organize relevant departments to provide water replenishment; for wetland ecological water use across administrative regions, the people's government at the same level shall organize relevant departments to establish a wetland ecological water replenishment mechanism.

When formulating water resources-related plans, water administrative departments at or above the county level should make overall arrangements for living, production and wetland ecological water use to meet wetland ecological water needs.

The development and utilization of water resources upstream of wetlands and surrounding groundwater resources must be scientifically demonstrated and must not cause water shortage or degradation of wetlands.

Article 33 In principle, no landscape construction is allowed in the wetland.

Tourism facilities and infrastructure that really need to be constructed in the wetland should be planned and designed in accordance with the provisions of the "Heilongjiang Province Urban and Rural Planning Regulations", and construction can only be carried out after approval in accordance with the prescribed procedures.

The planning and design of the construction of internationally important wetlands and nationally important wetland facilities in reclamation areas and key state-owned forest areas shall be approved by the Provincial People's Government.

Units and individuals that are approved by law to engage in construction activities in wetlands should formulate ecological protection and pollution prevention and control plans to protect wetland landscape resources and the natural ecological environment. Buildings or structures in construction projects should use energy-saving and environmentally friendly materials and facilities, and be in harmony with the natural ecological environment. After the construction activities are completed, the site should be cleaned up in time and restored to its original appearance.

Article 34 The wetland competent department or wetland management agency shall make unified planning and rational layout of tourism, catering, accommodation, entertainment and other commercial service outlets in the wetland nature reserve experimental area and wetland park, And based on the needs of protecting ecological resources, humanistic and historical features, as well as public safety and environmental sanitation, regulations are made on the business methods, types, time, location, etc. of commercial service outlets.

If tourism activities are carried out in wetlands, they should be carried out in accordance with the wetland eco-tourism plan.

The wetland authority or wetland management agency shall determine the intensity of resource utilization and the maximum carrying capacity of tourists based on the carrying capacity of the wetland and the results of monitoring and evaluation of the resources and publish them.

Article 35 Unless otherwise provided by laws and regulations, the following activities are prohibited in wetlands:

(1) Reclamation, trenching, dam building, and mountain building;

(2) Landfilling, dumping garbage and toxic and harmful objects, and discharging domestic sewage and industrial wastewater;

(3) Discharging or extracting wetland water resources;

< p>(4) Cutting down trees, extracting peat, prospecting (except for national public welfare exploration), mining, sand dredging, and borrowing soil;

(5) Destroying the migration channels of fish and other aquatic organisms and wild animals Breeding areas and their habitats;

(6) Hunting protected wild animals, picking up bird eggs, or using extermination methods to catch fish and other aquatic organisms;

(7) ) Introducing alien species or releasing animals;

(8) Destroying wetland protection facilities or monitoring equipment;

(9) Other behaviors that damage wetlands and their ecological functions.

For those who violate the provisions of the first and third items of the preceding paragraph, landfill, dump garbage and toxic and harmful objects, excavate peat, and change the use of wetlands without authorization, the forestry administrative department or the authorized by laws and administrative regulations The organization can seal up and detain construction machinery, equipment and tools that have committed illegal acts.

Chapter 4 Wetland Utilization

Article 36 On the basis of strict protection, wetland resources can be used scientifically, economically and sustainably.

The use of wetland resources shall comply with the wetland protection plan and shall not change the basic functions of the wetland ecosystem, exceed the regeneration capacity of the resources or cause permanent damage to wild animal and plant species, or destroy the habitats of wild animals.

Article 37 Wetland utilization can be carried out in various ways such as ecotourism and leisure vacation according to the different functional positioning and natural conditions of wetland resources.

Article 38 People’s governments at or above the county level shall coordinate the construction of infrastructure and public service facilities in wetlands to provide guarantees for the development and utilization of wetlands.

Wetland authorities or wetland management agencies should organize and coordinate the construction of tourism supporting facilities in wetlands to create convenient conditions for tourists to visit wetlands.

Article 39 People’s governments at or above the county level may adopt targeted assistance, industrial transfer, attracting social funds, community management, etc. to promote the economic and social development of wetlands and surrounding areas.

Article 40 encourages the use of sightseeing towers, plank roads, electric vehicles, aircraft, and other methods that meet environmental protection requirements to carry out wetland ecotourism; the wetland competent department or wetland management agency shall provide information for ecotourism carried out in accordance with the law. Corresponding services.

Article 41: Units and individuals approved to use wetland resources to carry out business activities shall assume the responsibility for wetland protection and publicize science knowledge and laws and regulations on wetland protection to those who enter the wetland. educate. Violations of these regulations shall be stopped if found; those who do not heed the dissuasion shall be reported to the relevant competent authorities where the wetland is located, and the competent authorities shall promptly go to the site to handle the matter.

Wetland authorities and wetland management agencies should strengthen the supervision and management of business activities utilizing wetland resources, and promptly investigate and deal with acts that damage wetlands in accordance with the law.

Chapter 5 Supervision and Management

Article 42 The people’s governments at or above the county level shall organize forestry, environmental protection, land and resources, animal husbandry, water administration, housing and urban and rural construction, agriculture The , fishery, tourism and other departments should establish a wetland law enforcement cooperation mechanism to investigate and deal with illegal activities that damage or encroach on wetlands in accordance with the law.

Wetland authorities or wetland management agencies at or above the county level should set up a public reporting hotline to accept reports from units and individuals on the destruction and occupation of wetlands.

Article 43 The people's government of the township (town) and the sub-district office where the wetland is located shall establish an inspection system, strengthen the daily supervision of the wetland protection situation within their respective jurisdictions, and assist the wetland competent department or wetland management agency to investigate violations conduct of this Ordinance.

Encourage and support volunteer organizations and volunteers to participate in wetland protection work.

Villagers' committees, residents' committees and citizens have the right to stop violations of these regulations when they discover them. If they do not heed the dissuasion, they may report to the local wetland authority, who shall promptly go to the site to investigate and deal with the violation.

Public security organs should go to the scene to deal with violations of the "Public Security Administration Punishment Law of the People's Republic of China" in a timely manner.

Article 44 The public security organs where wetland nature reserves and wetland parks are located may set up public security agencies as needed to maintain public order in wetland nature reserves and wetland parks and perform the duties of protecting wetland natural resources. and the safety of people’s lives and property.

Article 45 No unit or individual may requisition or occupy wetlands or change the use of wetlands without authorization. If it is truly necessary to requisition or occupy internationally important wetlands, national wetland nature reserves, or national wetland parks, or to change the use of wetlands, it must be reported to the national forestry administrative department for approval; if it is necessary to requisition, occupy, or change the use of other wetlands, it must be approved by the provincial forestry administration. The relevant procedures will be handled in accordance with the law after review and approval by the competent authorities.

Article 46 Temporary occupation of wetlands must be approved by the wetland authority or wetland management agency. The occupying unit shall propose a temporary occupation plan for the wetland, clarifying the scope, duration, purpose, corresponding protection measures, and restoration measures after the expiration of the use period of the wetland.

The maximum period of temporary occupation of wetlands shall not exceed two years. After the temporary occupation period expires, the occupying unit shall restore the wetland to its original state in accordance with the wetland temporary occupation plan.

Those who temporarily occupy wetlands upon approval shall not build permanent buildings or structures, and shall not damage the basic functions of the wetland ecosystem.

Article 47 The provincial forestry administrative department shall, in conjunction with relevant departments, regularly carry out surveys, monitoring and evaluation of wetland resources in the province, establish wetland resource files, achieve annual updates of wetland resource files, and compile The annual wetland resources monitoring and assessment report shall be submitted to the Provincial People's Government for approval and published.

Article 48 People’s governments at or above the county level shall formulate emergency response plans to respond to pollution accidents and other emergencies that cause or may cause wetland pollution and damage.

Chapter 6 Legal Liability

Article 49 If laws and administrative regulations have stipulated legal liability for violations of the provisions of these Regulations, such provisions shall prevail.

Article 50: If the people's government at or above the county level violates the provisions of these Regulations and commits any of the following circumstances, the principal person in charge and the person directly responsible shall be given administrative sanctions in accordance with the law:

(1) ) Failure to strictly implement the wetland protection plan;

(2) Failure to strictly implement the ecological red line system, resulting in the reduction or degradation of the wetland area and failure to take effective measures for comprehensive management;

( 3) Failure to implement the wetland protection compensation system in accordance with regulations;

(4) Other circumstances that should be punished according to law.

Article 51: If the wetland administrative departments, wetland management agencies and relevant departments of the people's governments at or above the county level violate the provisions of these regulations and fall into any of the following circumstances, the main responsible persons and directly responsible persons shall be punished in accordance with the law. Administrative sanctions:

(1) Failure to determine the wetland list in accordance with regulations;

(2) Failure to perform supervision and management duties in accordance with the law;

(3) Failure to Provisions on the business methods, types, time, location, etc. of commercial service outlets in the experimental areas of wetland nature reserves and wetland parks;

(4) Failure to requisition, occupy, temporarily occupy wetlands, and Going through approval procedures for construction activities in wetlands;

(5) Failure to promptly accept, investigate and deal with reports in accordance with the law;

(6) Other circumstances that should be punished in accordance with the law.

Article 52: Anyone who violates the provisions of these Regulations and commits any of the following acts within the scope of a wetland, if a wetland management agency has been established, shall be punished by the wetland management agency in accordance with relevant laws and regulations; if a wetland management agency has not been established Institutions shall be punished by the wetland authority in conjunction with relevant authorities in accordance with relevant laws and regulations:

(1) Destruction of migration channels for fish and other aquatic organisms and breeding areas and habitats of wild animals;

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(2) Cutting down trees, prospecting (except for national public welfare exploration), mining, sand excavation, and soil extraction;

(3) Hunting protected wild animals or using extermination methods Catching fish and other aquatic life.

Article 53: Anyone who violates the provisions of these regulations and falls under any of the following circumstances shall be punished by the wetland management agency if a wetland management agency has been established; if a wetland management agency has not been established, the wetland management department shall jointly Penalties imposed by relevant competent authorities:

(1) Anyone who damages, alters, or moves wetland protection signs without authorization shall be ordered to restore within a time limit or compensate for losses, and shall be fined five times the actual cost of restoration or the amount of losses.

(2) Anyone who carries out development and construction activities without authorization or builds permanent buildings or structures on temporarily occupied wetlands shall be ordered to dismantle them within a time limit and restore them to their original condition, and shall be fined one hundred yuan per square meter of damaged area. ; If it is not demolished within the time limit, it will be confiscated and then demolished, and a fine of twice the cost of the construction project will be imposed.

(3) Anyone who reclaims land, digs ditches, builds dams, piles mountains, fills landfills, dumps garbage and toxic and harmful objects, digs peat, changes the use of wetlands without authorization, or discharges or drains wetland water resources shall be ordered to do so. Stop illegal activities, restore the original status within a time limit, or take other remedial measures. Those who reclaim, landfill, dump garbage, or change the use of wetlands without authorization shall be fined 10 yuan per square meter according to the area of ??the wetland destroyed; those who dig ditches, build dams, pile mountains, or excavate peat shall be fined 200 yuan per cubic meter. ; Anyone who discharges or drains wetland water resources shall be fined not less than RMB 50,000 but not more than RMB 500,000.

(4) Anyone who violates regulations by cutting reeds, mowing grass, etc. in the wetland and destroying the habitat of wild animals will be ordered to stop the illegal behavior and a fine of ten yuan per square meter will be imposed based on the area of ??the wetland destroyed.

(5) Anyone who introduces alien species or releases animals shall be ordered to stop illegal activities and fined not less than 1,000 yuan but not more than 5,000 yuan; if serious consequences are caused, he shall be fined not less than 20,000 yuan but not more than 200,000 yuan. fine.

(6) Anyone who picks up bird eggs of nationally protected wild animals shall have his illegal gains confiscated and be fined 200 yuan for each egg; if he picks up eggs of other wild animals, his illegal gains shall be confiscated and he shall be fined 200 yuan for each egg. A fine of one hundred dollars.

(7) Anyone who damages wetland protection facilities or monitoring equipment shall be ordered to stop the illegal behavior, restore it to its original state within a time limit, or compensate for losses. Those who damage wetland protection facilities will be fined 5,000 yuan; those who damage monitoring equipment will be fined 10,000 yuan.

(8) If the wetland is not restored after the temporary occupation period expires, it shall be ordered to restore it within a time limit and be fined 10,000 yuan; if it fails to restore the wetland within the time limit or causes permanent damage to the wetland, the area is less than 100 square meters If the area is more than 100 square meters, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; if the area is more than 100 square meters, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed.

(9) Anyone who names or lists a wetland park at or above the county level without authorization shall be ordered to make corrections within a time limit; if the correction is not made within the time limit, a fine of 10,000 yuan will be imposed.

Chapter 7 Supplementary Provisions

Article 54 The amount and range of fines specified in the legal liability of these Regulations shall be separately formulated by the Provincial People's Government and shall be implemented simultaneously with these Regulations.

Article 55: These regulations will come into effect on January 1, 2016. The "Wetlands of Heilongjiang Province" was adopted at the third meeting of the Standing Committee of the Tenth People's Congress of Heilongjiang Province on June 20, 2003. Protection Regulations shall be repealed at the same time.