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Procedures of Shanghai Municipality on the Administration of the Marine Ecology Nature Reserve of the Jinshan Islands

Procedures of Shanghai Municipality on the Administration of the Marine Ecology Nature Reserve of the Jinshan Islands
 
(Promulgated by Decree No. 38 of the Shanghai Municipal
     People's Government on March 2, 1997)
    
     Article 1 (Purpose and Basis)
     The present Procedures are formulated in accordance with the " Regulations of the People's Republic of China on Nature Reserves" and other relevant laws and regulations in order to improve the administration of the Marine Ecology Nature Reserve of the Jinshan Islands so as to protect its natural environment and natural resources.
     Article 2 (Nature of the Reserve)
     The Marine Ecological Nature Reserve of the Jinshan Islands (hereinafter referred to as NR) is a nature reserve in the category of marine ecology at the municipal level. Its scope of protection covers chiefly evergreen broadleaf forests, mingled forests of evergreen broadleaf and deciduous trees, insects, organic matter of the soil and tideland communities of living beings.
     Article 3 (Extent of the NR)
     The NR covers the land area of the Big Jinshan Island, the Small Jinshan Island and Fushan Island as well as 0. 5 nautical miles of sea area around the three islands.
     Article 4 (Scope of Application)
     The present Procedures are applicable to all activities within the NR.
     Article 5 (Administrative Departments)
     The present Procedures shall be implemented by the Shanghai Municipal Marine Affairs Bureau (hereinafter referred to as the SMMAB) jointly with the People's Government of Jinshan County.
     The People's Government of Jinshan County shall establish administrative departments which shall take charge of routine administrative work of the NR. The administrative departments shall subject themselves to the administrative leadership of the People's Government of Jinshan County and shall professionally be guided and supervised by the SMMAB.
     The municipal environment protection department and planning department shall perform their respective duties regarding the administration of the NR.
     Article 6 (Principle of Administration)
     The Reserve shall follow the principle of strict administration combined with moderate development.
     Article 7 (Division of the NR)
     According to the natural environment, natural resources and the needs of protection, the NR shall be divided into a core area and a nonª²core area.
     The limits of the core area shall be set by the SMMAB and the People's Government of Jinshan County together with relevant departments, and be submitted to the Shanghai Municipal People's Government for approval before taking effect.
     Article 8 (Administration of the Core Area)
     No one shall enter the core area except the administrative personnel and professionals with approval to do scientific research.
     Article 9 (Development Activities Permitted in the Nonª²core Area)
     The following development activities shall be permitted after approval:
     (1) Aquaculture of existing marine living beings;
     (2) Cultivation of existing Chinese herbs for medical use, and cultivation of rare trees and saplings;
     (3) Organized tourism; and
     (4) Other development activities that do not impair the ecological environment or hinder the administration of the NR.
     Article 10 (Planning of the NR)
     According to the natural environment, natural resources and the needs of protection, the SMMAB and the People's Government of Jinshan County, together with other relevant departments , shall draw up an overall plan and submit it to the Municipal People's Government for approval.
     The administrative departments of the NR shall draw up a plan every year for controlling development in the nonª²core area and submit it to the SMMAB and the People's Government of Jinshan County for approval before implementation.
     Article 11 (Application for Conducting Scientific Research Activities)
     To conduct scientific research activities in the NR, any unit or individual person shall submit a written application in advance to the administrative departments. The written application shall include the following items:
     (1) Basic information about the applicant unit or the applicant;
     (2) Scheduled time, content, and scale of activities, number of persons involved, ways and range of activity, and equipment; and
     (3) Names and amount of animals scheduled to be caught and plants scheduled to be collected.
     Article 12 (Application for Conducting Development Activities)
     To conduct development activities in the nonª²core area, any unit or individual person shall submit a written application in advance to the administrative departments of the NR. The written application shall include the following items:
     (1) Basic information about the applicant unit or the applicant;
     (2) The name, scheduled time period and detailed reasons for selecting the site of the development activities; and
     (3) Assessment of the effects of the development activity on the environment and resources.
     Article 13 (Examination and Approval)
     The administrative departments of the NR shall, within 30 days upon receipt of the application, examine and make a reply to the application submitted by a unit or an individual person in accordance with Article 11 of the present Procedures. If the application is approved, a pass for landing on the islands shall be issued; if the application is not approved, reasons for disapproval shall be stated.
     The administrative departments of the NR shall, within 30 days upon receipt of the application, make a preliminary review of the application submitted by a unit or an individual person in accordance with Article 12 of the present Procedures, and submit it to the SMMAB and the People's Government of Jinshan County for examination and approval.
     The SMMAB and the People's Government of Jinshan County shall make a decision whether to approve it or not within 30 days upon receipt of the preliminary review.
     Article 14 (Requirements for Activities Involving Foreigners)
     Applications by organizations or individual persons from outside China for permission to enter the NR for scientific research or development activities either independently or in cooperation with organizations or individual persons from within China shall be submitted to the SMMAB for examination and approval, and relevant information shall be passed to the administrative departments of the NR in time.
     Article 15 (Prohibited Activities)
     Any organization or individual person shall be prohibited from the following activities in the NR:
     (1) Damaging the markers or protection installations of the NR;
     (2) Lumbering or hunting;
     (3) Introducing alien species into the area;
     (4) Littering; and
     (5) Other activities damaging the natural environment and natural resources.
     Article 16 (Activities to Be Restricted)
     Without approval from the administrative departments of the NR, no organization or individual person shall engage in the following activities in the NR:
     (1) Entering the core area;
     (2) Moving or removing markers or protection installations of the NR;
     (3) Using unsheltered fire;
     (4) Gathering medicinal herbs, quarrying, scooping up sands, excavating earth or mining;
     (5) Catching animals or gathering plants.
     Article 17 (Entry in Times of Emergency)
     Those who enter the NR on account of force majeure or imminent danger shall abide by all regulations of the NR and shall withdraw from the area immediately after the danger is over.
     Article 18 (Closeª²off Measures of the NR)
     If necessary, the administrative departments of the NR may, with the approval of the People's Government of Jinshan County, close off the area, and shall report the matter in time to the SMMAB for the record.
     The SMMAB may, in the light of needs for the protection of marine ecology, make a decision to close off the area, which shall be implemented by the administrative departments of the NR.
     Article 19 (Payment of Fee and Its Use)
     Units or individual persons engaging in scientific research or development activities in the NR shall pay a resource compensation fee to the administrative departments.
     The resource compensation shall be used for the construction and administration of the NR.
     The rate of the resource compensation fee shall be set by the SMMAB and the People's Government of Jinshan County jointly with the Municipal Finance Bureau and the Municipal Prices Control Bureau.
     Article 20 (Penalty for Damaging Protection Installations and Other Unlawful Activities)
     Units or individuals who commit any of the following shall be ordered by the SMMAB or the administrative departments of the NR to amend within a specified time and may be fined 100 to 5,000 yuan:
     (1) Damaging, moving or removing, without approval, markers or protection installations of the NR;
     (2) Entering the core area without approval;
     (3) Littering or using, without approval, unsheltered fire in the NR.
     Article 21 (Penalty for Lumbering, Hunting and Other Unlawful Activities)
     Units or individual persons who commit any of the following shall have their unlawful gains confiscated by the SMMAB or the administrative departments of the NR, and shall be ordered to restore everything to its original state or make other remedies within a specified time. Those directly responsible for the wrongdoing shall be given disciplinary sanction by the unit they belong to, and may be fined 300 to 10,000 yuan.
     (1) Lumbering, hunting, or gathering medicinal herbs, quarrying, scooping up sands, excavating earth or mining in the NPA without approval;
     (2) Engaging in development activities in the NR without approval.
     Article 22 (Compensation)
     Units or individual persons who act against the present Procedures and cause damages to the NR shall be ordered to make compensation by the BMASM or the administrative departments of the NR.
     Article 23 (Reconsideration and Litigation)
     If the party concerned refuses to accept the specific administrative act of the administrative departments, it may apply for administrative reconsideration or bring an administrative action in accordance with the " Regulations on Administrative Reconsideration" and the " Administrative Litigation Law of the People's Republic of China" .
     If the party concerned does not apply for administrative reconsideration, nor bring an action, nor perform the specific administrative act within the time limit prescribed by law, the department making the decision may apply to the people's court for enforcement in accordance with the provisions of the " Administrative Litigation Law of the People's Republic of China" .
     Article 24 (Penalty for Obstructing Performance of Duties)
     Those who refuse to allow or obstruct the administrative personnel's performance of their duties and act against the " Regulations of the People's Republic of China on Public Security Administration and Imposition of Punishment" shall be punished by the public security departments in accordance with the law. If the wrongful acts are so serious that they constitute a crime, the wrongdoer shall be charged with criminal liability according to law.
     Article 25 (Penalty for Unlawful Practices on the Part of Law Enforcement Personnel)
     The administrative personnel of the NR shall observe disciplines, abide by the laws, and enforce laws justly. Criminal charges shall be brought against those who are derelict of duties, abuse their power, practice favoritism and commit fraudulence, seek and accept bribes, or those who pervert the laws and regulations and whose behavior constitutes a crime. If their behavior does not constitute a crime, disciplinary punishment shall be brought against them.
     Article 26 (Protection of Military Installations)
     Where the construction and administration of the NR involve military installations, relevant regulations for the administration of military installations shall be followed.
     Article 27 (Departments for Interpretation of Application)
     The SMMAB and the People's Government of Jinshan County shall be jointly responsible for the interpretation of the application of the present Procedures.
     Article 28 (Date of Implementation)
     The present Procedures shall become effective on May 1, 1997.
    

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