Laws of the Shanghai Province

  (Promulgated on March 15, 2005 by Decree No. 48 of the Shanghai Municipal People' s Government)

Article 1 (Purpose and Basis)

For the purpose of strengthening the administration of the Chinese Paddlefish Natural Reserve at the Mouth of Yangtze River, protecting the Chinese paddlefish and the natural ecological environment and natural resources on which the living and subsistence of the Chinese paddlefish hinge, these procedures are formulated on the basis of relevant laws and the "Regulations of the People' s Republic of China on Natural Reserves" .

Article 2 (Nature and Scope of Natural Reserve)

The Chinese Paddlefish Natural Reserve at the Mouth of the Yangtze River which is situated at the Dongtan of the Chongming Island (hereinafter referred to as CPNR) is the special zone where the Chinese paddlefish and the natural ecological environment on which the living and subsistence of the Chinese paddlefish hinge are key objects of protection, determined by the Municipal People' s Government.

The CPNR, beginning in the North from the Bajiaogang and in the South from the Xijiagang, is enclosed with the Dongtan outer dyke built for reclaiming land from marsh and the isobath of Wusong heightmark of minus 5 meters.

Article 3 (Administration Agency)

The Shanghai Municipal Agriculture Commission (hereinafter referred to as SMAC) shall, jointly with the Chongming County People' s Government, be responsible for the drawing-up of the planning of the CPNR, the construction of the CPNR and the related administrative activities. The Shanghai Municipal Administrative Office of the Chinese Paddlefish National Reserve at the Yangtze River Mouth (hereinafter referred to as the SMAOCPNR) is in charge of the routine management of the CPNR.

The Shanghai Municipal Environmental Protection Bureau (hereinafter referred to as SMEPB) shall be responsible for the direction and supervision for carrying out the environmental protection of the CPNR.

The relevant municipal departments of marine, water affairs, communications, public security and maritime affairs, etc., shall coordinate in doing a good job of the administrative work of the CPNR in accordance with their respective functions and duties.

Article 4 (Adjustment of the Limits of the CPNR and its Procedure)

Necessary adjustment may be made in the limits of the CPNR according to the situations of the silting up of the mudflat, the distribution of Chinese paddlefish, and the change of their activities.

For the adjustment of the limits of the CPNR, the scheme shall be put forward jointly by the SMAC, the Chongming County People' s Government and the relevant administrative departments, and shall, after the examination and appraisal by the Appraisal Committee of the Natural Reserve, be comprehensively balanced by the Municipal Environmental Protection Bureau that shall put forward its comments on examination and verification and submit them to the Municipal Government for approval, and be publicized

Article 5 (The Setting up of Boundary Marks)

The SMAOCPNR shall set up boundary works at the conspicuous positions on the boundary of the CPNR according to the limits of the CPNR approved and publicized by the Municipal Government.

Article 6 (Period of Management of Closed CPNR)

During the period from May 1 to September 30 of every year, when the young paddlefish are active and gathering, the CPNR carries out the management of the closed CPNR. In the period of management of closed CPNR, all production and operation activities of fishery are prohibited.

Article 7 (Period of Management of Non-closed CPNR)

During the period of management of non-closed CPNR, the fishermen who enter the CPNR to engage in fishery activities shall obtain for the Fishing Permit according to law.

Article 8 (Prohibited Acts)

All units and individual persons are prohibited to engage in any one of the following activities in the CPNR:

1. To damage or destroy or move without authorization any boundary mark and protection facilities of the CPNR;

2. To discharge, dump, cast away pollutants;

3. To collect or catch aquatic plants and animals through using poison, explosive, or giving electric shocks;

4. To put up structures, demolish, or drill;

5. To excavate earth, reclaim farm land by burning wild grass and bushes, or bring barren land under cultivation;

6. Other activities that affect the environment of the living and subsistence of the Chinese paddlefish.

Article 9 (Application for Examination and Approval of Scientific Research Activities)

Anyone who enters the CPNR and conduct scientific research activities for the need of teaching experiment and collection of specimens shall submit to the SMAOCPNR an application in writing; any organization or individual person from abroad that wants to enter the CPNR to conduct scientific research, teaching experiment, and collection of specimens activities shall submit an application in writing to the SMAC.

A written application shall cover the following contents:

1. The basic information about the applicant;

2. The specific item to be performed in the CPNR and the main purpose of entering the CPNR;

3. The time, contents, scale, number of persons, scope, and the relevant equipment to be used of the scheduled activities;

The SMAC or the SMAOCPNR shall, within 20 working days from the day of accepting and handling the application, make the decision of examination and approval, and shall, after its approval, issue the "CPNR Pass" to the applicant; and shall give reasons in writing if it does not make the approval.

Anyone that enters the CPNR to conduct scientific research activities and needs to catch Chinese paddlefish or collect specimens of Chinese paddlefish shall conduct the catching activities only after the examination and approval by the accepting and handling department, and the application to the competent administrative department of fishery of the State Council for "Special Permit to Catch" .

Article 10 (Control of Total Number of Persons Entering the CPNR)

The SMAOCPNR shall, jointly with the Chongming County People' s Government and the relevant administrative departments such as fishery, etc. draw up the plan of controlling the total number of persons entering the CPNR to engage in scientific research activities during the period of management of closed and non-closed CPNR.

Article 11 (Entry under Emergency)

Those who enter the CPNR under such emergency condition as preventing seasonal flood, combating disasters and the effect of disastrous weather shall abide by all the provisions of the CPNR, and report the situation to the SMAOCPNR, and shall withdraw from the CPNR immediately when the situation concerned is eliminated.

Article 12 (Handling of Contingencies)

When accidents or other contingencies occur in the CPNR that cause or may possibly cause the pollution or other damages of the CPNR, the unit or individual person concerned shall immediately take measures, and report them timely to the local environmental protection department, and accept the investigation and handling.

Article 13 (Control of Peripheral Operation)

Where a major construction project is conducted in the periphery of the CPNR, the project construction unit shall consult in advance with the SMAOCPNR, if the demonstration of the experts proves that the project will affect the natural resources and the ecological environment, the project construction unit shall take effective controlling measures.

Article 14 (Release upon Catching by Mistake)

Any fisherman who catches a Chinese paddlefish or any other rare and endangered wild aquatic animal by mistake shall release them immediately and unconditionally.

Article 15 (Emergency Handling)

Any unit or individual person that finds any Chinese paddlefish or other rare or endangered wild aquatic animal that is wounded, gets stranded, or accidentally enters the harbor or the branch of a river and thus land itself in difficulty, shall take emergency rescue measures, and make a report timely to the SMAOCPNR; if any Chinese paddlefish and other rare or endangered wild aquatic animal is found dead, it shall be handed over to the SMAOCPNR to be handled properly.

In case losses of property are incurred because of protecting and rescuing the Chinese paddlefish or other rare or endangered wild aquatic animal, the party concerned may apply to the SMAOCPNR for compensation, the SMAOCPNR shall grant appropriate compensation according to relevant provision after finding convincing reason upon investigation.

Article 16 (Rescue and Treatment)

The SMAOCPNR shall build a temporary foster and rescue center, and provide the necessary rescue personnel and take charge of the rescue, treatment and cure of the wounded or sick Chinese paddlefish.

Article 17 (Breeding and Propagating)

The SMAOCPNR shall assist the relevant departments to carry out the scientific research on Chinese paddlefish, and organize and carry out the artificial breeding, propagation, and release them into the river.

Article 18 (Survey of Resource and Monitoring of Environment)

The SMAOCPNR shall conduct in the CPNR the survey of the natural resources of the Chinese paddlefish and the monitoring of the environment, and make regular inspection of the law of activity, the number of population, and the way of life of the Chinese paddlefish.

Article 19 (Funds)

The protection funds of the CPNR mainly come from the following channels:

1.   Special appropriation of the finance;

2.   Donations from organizations or individual persons from at home and abroad;

3.   Other ways of fund-raising permitted by law.

Article 20 (Commendation, Award and Encouragement)

The SMAC shall commend, award and encourage the units and individual persons that have made significant achievements in the construction and management of the CPNR and their relevant work of scientific research.

Article 21 (Administrative Punishment)

For the act of entering the CPNR in the closed CPNR period and carrying out fishing activities, the SMAOCPNR shall order a correction, and may cumulatively impose a fine of between not less than 300 yuan and not more than 10000 yuan in accordance with the different circumstances.

For the acts of moving or damaging without authorization any boundary mark, the SMAOCPNR shall order the wrongdoer to restore the status quo ante or compensate the losses, and may cumulatively impose a fine of between not less than 100 yuan and not more than 5000 yuan in accordance with the different circumstances.

For the acts of excavating earth, reclaiming farm land by burning wild grass and bushes, or bringing barren land under cultivation in the CPNR, the SMAOCPNR shall order the wrongdoer to restore the status quo ante, or adopt other remedial measures, and may cumulatively impose a fine of between not less than 300 yuan and not more than 10000 yuan in accordance with the different circumstances.

For the acts of putting up structures, demolishing, and drilling in the CPNR, the SMAOCPNR shall order the wrongdoer to restore the status quo ante or adopt other remedial measures, and may cumulatively impose a fine of between not less than 200 yuan and not more than 20000 yuan in accordance with the different circumstances.

For the acts of entering the CPNR to carry out scientific research without authorization, the SMAOCPNR shall order a correction, and may cumulatively impose a fine of between not less than 100 yuan and not more than 5000 yuan in accordance with the different circumstances.

For the acts of violating the provisions of these Procedures, thus causing losses to the protection of the Chinese paddlefish or the eco-environment of the CPNR, the SMAC shall order the wrongdoers to make compensation in accordance with law; in case of illegal gains, the illegal gains shall be confisticated.

Article 22 (Punishment Imposed by Relevant Departments)

For the acts of fishing by means of poisoning, or explosion in the CPNR, or discharging, dumping, casting away pollutants in the CPNR, or catching and killing the wild aquatic animal mainly protected by the State, the competent administrative departments of environmental protection, and fishery shall, in accordance with the provisions of relevant laws and regulations, impose punishment.

In case of serious cases that violate these Procedures and constitute a crime, the wrongdoer shall be prosecuted for criminal liabilities.

Article 23 (Remedy)

In case a party concerned does not accept the specific administrative act made by the SMAC or the SMAOCPNR, he/she/it may, according to the provisions of the "Law of the People' s Republic of China on Administrative Reconsideration" or the "Administrative Litigation Law of the People' s Republic of China" , apply for administrative reconsideration or lodge an administrative suit.

Article 24 (Effective Date)

These Procedures shall become effective on April 15, 2005.