According to the Regulations on the Protection of Migratory Birds in Jiangxi Province, migratory birds are protected at different levels, according to the protection levels of national key protected wild animals, provincial key protected wild animals and terrestrial wild animals with important ecological, scientific and social values stipulated in the wildlife protection laws and regulations.
The competent forestry department of the provincial people's government shall organize the establishment and improvement of archives of migratory birds and their habitats, and determine and publish the list and scope of concentrated distribution areas of migratory birds according to the results of investigation, monitoring and evaluation of migratory birds and their habitats.
Chapter I General Provisions
Article 1 In order to strengthen the protection of migratory birds, maintain biodiversity and ecological balance, promote the construction of ecological civilization, and realize the harmonious coexistence between man and nature, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Wild Animals and other laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the protection, management and related activities of migratory birds and their habitats within the administrative area of this province.
The term "migratory birds" as mentioned in these Regulations refers to birds (including eggs) that migrate periodically with different seasons according to relevant laws and regulations and are included in the list of wildlife protection.
Article 3 The protection of migratory birds shall follow the principles of government leading, departmental cooperation, social participation and strict supervision.
Article 4 The people's governments at or above the county level shall specify the protection measures for migratory birds and their habitats in the relevant wildlife and their habitat protection plans.
The people's governments at or above the county level in Poyang Lake area, migratory bird migration channels and other areas where migratory birds are concentrated should strengthen their leadership over the protection of migratory birds, incorporate the protection of migratory birds into the scope of responsibility of forest length system, and link up with the work of river length system and lake length system, establish a comprehensive coordination mechanism, and study, coordinate and solve major problems in the protection of migratory birds.
The people's governments at the county level adjacent to the areas where migratory birds are concentrated, such as Poyang Lake District and migratory bird migration passages, shall strengthen regional cooperation in the protection of migratory birds, establish a joint protection mechanism for migratory birds, determine joint protection areas and take joint protection measures.
Article 5 The competent forestry authorities of the people's governments at or above the county level shall be responsible for the protection, supervision and management of migratory birds.
The departments of market supervision, public security, agriculture and rural areas, development and reform, finance, natural resources, water administration, ecological environment, education, culture and tourism, commerce, health, transportation, emergency management and other units of the people's government at or above the county level, as well as the customs, internet, postal services and other units, shall do a good job in the protection and management of migratory birds according to their respective functions and duties.
Township people's governments and sub-district offices shall do a good job in the protection of migratory birds within their respective jurisdictions.
Article 6 People's governments at all levels and relevant departments shall strengthen publicity and education on the protection of migratory birds and the popularization of scientific knowledge, and encourage and support grassroots mass autonomous organizations, social organizations, enterprises, institutions and volunteers to carry out publicity activities on laws, regulations and knowledge protection of migratory birds.
Education departments and schools should educate students about the protection of migratory birds.
The news media should publicize the laws and regulations on the protection of migratory birds and the protection knowledge, and play the role of public opinion guidance and supervision.
Article 7 All units and individuals have the obligation to protect migratory birds and their habitats. Illegal hunting of migratory birds and destruction of their habitats are prohibited.
Any unit or individual has the right to report or accuse violations of these regulations to the competent forestry department of the people's government at or above the county level or other relevant departments and organs. The competent forestry department of the people's government at or above the county level or other relevant departments and organs shall promptly handle reports or complaints according to law.
Eighth organizations and individuals who have made remarkable achievements in the protection and scientific research of migratory birds shall be commended or rewarded by the people's governments at or above the county level or their competent forestry departments in accordance with the relevant provisions of the state and this province.
Chapter II Habitat Protection
Article 9 The provincial people's government shall, in accordance with the law, delimit the important habitats and concentrated distribution of migratory birds into relevant nature reserves to protect, restore and improve the living environment of migratory birds. The people's governments at or above the county level shall, according to the distribution of migratory birds and aquatic organisms, take other forms such as scientifically and reasonably delineating hunting (fishing) areas and stipulating hunting (fishing) periods, protect the important habitats and concentrated distribution areas of migratory birds that are not yet qualified to be included in relevant nature reserves, clarify the scope of hunting (fishing) areas, set up protection boundary signs, and announce them to the public in a timely manner.
Prohibit or restrict the introduction of exotic species, the construction of a single pure forest, the excessive use of pesticides, the construction of photovoltaic and wind power projects or other acts that interfere with and threaten the survival and reproduction of migratory birds in the relevant nature reserves.
Illegal deforestation, reclamation, sand mining and dumping of waste (liquid) in important habitats and concentrated distribution areas of migratory birds are prohibited.
Article 10 The competent forestry authorities of the people's governments at or above the county level shall regularly organize or entrust relevant scientific research institutions to investigate, monitor and evaluate migratory birds and their habitats.
The investigation, monitoring and evaluation of migratory birds and their habitats shall include the following contents:
(a) the field distribution area, population size and structure, and migration law of migratory birds;
(two) the area and ecological status of migratory bird habitat;
(three) the main threat factors of migratory birds and their habitats, and the possible harmful consequences;
(four) other contents that need to be investigated, monitored and evaluated.
Article 11 The competent forestry department of the provincial people's government shall organize the establishment and improvement of archives of migratory birds and their habitats, and determine and publish the list and scope of concentrated distribution areas of migratory birds according to the results of investigation, monitoring and evaluation of migratory birds and their habitats.
The catalogue and scope of the concentrated distribution area of migratory birds can be adjusted according to the actual situation.
Article 12 People's governments at or above the county level in Poyang Lake area and other areas where migratory birds are concentrated shall organize departments of ecological environment, water administration and forestry to monitor the water level, water quality, temperature, vegetation and benthos in migratory bird habitats and areas where migratory birds are concentrated, establish corresponding monitoring networks and data sharing mechanisms, regularly evaluate the conditions of migratory bird habitats and areas where migratory birds are concentrated, and take corresponding protection measures according to the evaluation results.
The people's governments at or above the county level and the relevant nature reserve management agencies along the migratory bird migration channel shall establish and improve the migratory bird patrol stations (points) and monitoring networks, and strengthen patrol and monitoring during the migratory bird season to ensure the safety of migratory birds.
Article 13 Where meteorological disasters such as extreme precipitation, drought and low temperature or major environmental pollution accidents cause or may cause habitat destruction and food shortage of migratory birds, the local people's governments at or above the county level shall organize forestry, ecological environment, natural resources, water administration, agriculture and rural areas and other departments to take measures such as habitat restoration and transformation, ecological water replenishment and artificial feeding to improve the living environment of migratory birds.
Fourteenth airports, railways, highways, water conservancy and electric power, cofferdams and other construction projects, should avoid the relevant nature reserves, migratory birds migration channels; If it is unavoidable, measures such as building ecological corridors and fish crossing facilities should be taken to eliminate or reduce the adverse effects on migratory birds.
Construction projects may have an impact on related nature reserves and migratory passages for migratory birds. When examining and approving the environmental impact assessment document, the examination and approval department shall solicit the opinions of the competent forestry department of the provincial people's government and handle it in accordance with the relevant provisions of the state.
Fifteenth habitat protection to implement the principle of combining natural restoration, natural restoration and artificial restoration, restore habitat function, improve the quality of habitat. Priority is given to restoring the habitats of rare and endangered species such as white cranes.
Article 16 The management organization of Poyang Lake Nature Reserve may, jointly with relevant departments and social forces, take restoration measures such as artificial reefs, sowing aquatic plants at the bottom and controlling the water level of the lake in winter to maintain the ecological environment of the water area and improve the habitat of migratory birds.
The people's governments at or above the county level and the relevant nature reserve management agencies along the migratory passage of migratory birds shall take measures such as forest vegetation restoration to strengthen the protection and restoration of migratory bird habitats in the region and ensure the safety of migratory birds.
Seventeenth of the behavior that causes or may cause pollution and damage to the living environment of migratory birds, the relevant units and individuals shall immediately take corresponding measures to control pollution, stop operation, and timely report to the relevant administrative departments. The competent forestry departments of the people's governments at or above the county level and the departments of ecological environment, water administration, agriculture and rural areas shall promptly investigate and deal with them according to their respective responsibilities.
Chapter III Protection of Migratory Birds
Eighteenth migratory birds shall be protected at different levels, and shall be protected according to the protection levels of national key protected wild animals, provincial key protected wild animals and terrestrial wild animals with important ecological, scientific and social values as stipulated in the laws and regulations on wildlife protection. The list of migratory birds and protection measures shall be implemented in accordance with relevant laws and regulations.
The competent forestry department of the provincial people's government shall publish the list of migratory birds under classified protection according to law.
Article 19 The competent forestry authorities of the people's governments at or above the county level and the management institutions of nature reserves where migratory birds are concentrated shall scientifically set up viewing spots and routes for migratory birds, standardize the behavior of viewing and photographing migratory birds, and guide the public to watch and photograph migratory birds in a civilized manner.
Except for special circumstances such as scientific research, it is forbidden to use drones to photograph migratory birds in important habitats, concentrated distribution areas and nature reserves, which will interfere with the normal habitat activities of migratory birds.
It is forbidden to frighten, drive away migratory birds and engage in other acts that seriously interfere with the normal habitat activities of migratory birds.
Twentieth people's governments at or above the county level shall, in accordance with the principles of timeliness, locality, proximity and science, organize the reception and rescue of migratory birds according to law.
The competent forestry department of the people's government at or above the county level shall designate a migrant bird shelter and rescue organization, or designate a unit with rescue conditions to carry out shelter and rescue work, establish rescue files, publish rescue results, strengthen exchanges and cooperation in shelter and rescue, enjoy shelter and rescue facilities, equipment and technical resources, and improve the level of shelter and rescue.
The receiving rescue unit shall inspect, treat, resettle and temporarily raise the received migratory birds. Migratory birds that are in good health, do not need to take treatment measures or recover after treatment and have the ability to survive in the wild shall be released into the wild in accordance with relevant regulations.
Article 21 It is forbidden to hunt migratory birds by net catching, trapping, poisoning, strong light, imitating sound, destroying nests, digging eggs, attacking with fire, smoking, using hunting hoods, hunting clips, ground guns, shovels and slingshots. It is prohibited to illegally sell, purchase, use, transport, carry and deliver migratory birds and their products; It is forbidden to buy and sell migratory birds and their products in the name of asylum and rescue.
If it is really necessary to hunt migratory birds by net catching or electronic trapping due to scientific research, a special hunting and catching license or hunting license shall be obtained according to law. If it is necessary to sell, purchase or use migratory birds and their products for scientific research, artificial breeding, public exhibitions, cultural relics protection or other special circumstances, it shall be examined and approved according to law.
Article 22 Any unit or individual is prohibited from carrying out the following acts:
(a) the production and operation of food with migratory birds and their products as raw materials, eating or buying migratory birds and their products as food;
(2) Providing trading platforms and trading services for the illegal sale, acquisition and utilization of migratory birds and their products or prohibited hunting tools;
(3) Advertisements prohibiting the sale, purchase and use of migratory birds or hunting tools;
(four) illegal sales, acquisition and utilization of migratory bird products advertising;
(five) other acts of destroying migratory bird resources as stipulated by laws and regulations.
Article 23 The people's governments at the county or township level in areas where migratory birds are concentrated should make it clear that forest protection organizations are responsible for bird protection, delimit areas of responsibility for bird protection, and equip full-time (part-time) bird guards to strengthen the protection of migratory birds; If there is no forest protection organization, it should be equipped with a team of bird protectors that match the distribution area of migratory birds.
Bird guards are responsible for conducting on-the-spot patrols on migratory birds within the area of responsibility, removing illegal hunting tools, promptly discouraging behaviors such as interference and harm to migratory birds, and promptly reporting to the local township people's government or the competent forestry department of the county-level people's government when illegal hunting of migratory birds is discovered.
Article 24 The competent forestry authorities of the people's governments at or above the county level shall do a good job in monitoring the foci and diseases of migratory birds, establish and improve the monitoring network, reasonably set up monitoring sites, equip full-time (part-time) monitoring personnel, and delimit the monitoring responsibility areas. If migratory birds are found to be infected or suspected to be infected, they shall promptly dispose of them and notify the competent department of agriculture and rural affairs of the people's government at the same level, and report to the competent forestry department of the people's government at the next higher level.
Article 25 The competent forestry authorities of the people's governments at or above the county level shall strengthen the construction and maintenance of facilities and equipment required for the protection and management of migratory birds, and enhance their ability to protect and manage migratory birds.
No unit or individual may destroy, steal, occupy or move migratory bird protection facilities and equipment without authorization. If it is really necessary to relocate the migratory bird protection monitoring point due to the project construction, the opinions of the competent forestry authorities of the local people's governments at or above the county level shall be sought, and the relocation expenses shall be borne by the project construction unit.
Chapter IV Special Provisions on the Protection of White Crane
Article 26 The white crane is a provincial bird in this province. 65438+ The second week of February every year is Jiangxi Crane Protection Publicity Week.
The competent forestry department of the provincial people's government shall, jointly with the provincial departments of culture and tourism, excavate the folk culture of cranes, carry out nature education with cranes as the theme, and raise the public's awareness of protecting cranes.
Article 27 The competent forestry department of the people's government at the county level in Poyang Lake District and the relevant nature reserve management institutions shall strengthen the investigation and monitoring of cranes, timely grasp the population quantity, distribution dynamics and living environment of cranes, and submit relevant data to the competent forestry department of the provincial people's government step by step. During the wintering period, the white crane was investigated once a month.
The competent forestry department of the provincial people's government is responsible for establishing a data sharing mechanism for cranes' wintering, delineating the scope of protection according to the distribution of cranes, temporarily restricting human activities and strengthening the protection and management of cranes.
Article 28 The competent forestry department of the people's government at the county level in Poyang Lake District and the relevant nature reserve management institutions shall strengthen the protection and research on the living environment of cranes.
The competent forestry department of the provincial people's government shall, in view of extreme situations such as the high or low water level in Poyang Lake, the lack of food resources and the impact of environmental pollution on the survival of cranes, formulate emergency plans for crane protection, formulate emergency management measures for crane protection, and clarify the work responsibilities of the people's governments at the two levels of relevant districts, cities and counties and relevant departments according to law.
In case of extreme conditions affecting the survival of cranes, the competent forestry department of the provincial people's government shall immediately organize and start the emergency plan. The people's government at the county level in Poyang Lake District shall, according to the needs, control the temporary feeding places of cranes such as surrounding reservoirs, paddy fields, fish ponds and lotus fields, and may supplement food for cranes by means of government purchase.
Twenty-ninth no unit or individual may move or damage the lowest water level stakes in the core area of Poyang Lake National Nature Reserve without authorization. When the lake is below the lowest water level, the water shall not be transferred out of the lake without the consent of the management institution of Poyang Lake National Nature Reserve.
Thirtieth provincial people's government departments in charge of forestry should regularly organize the investigation and monitoring of cranes feeding organisms in Poyang Lake area, analyze and understand food resources, and provide scientific basis for crane protection.
The people's government at the county level in Poyang Lake area or the relevant nature reserve management agencies can improve the growth environment of crane's main food and increase the supply of crane's food by controlling the water level in the lake.
Thirty-first, due to the need of scientific research and protection, environmental markers and satellite tracking can be used to track and monitor the migration of cranes, so as to understand and master the changes and migration laws of cranes' living environment. To track and monitor the migration of white cranes by means of environmental records and satellite tracking, relevant procedures shall be handled according to law and relevant technical specifications shall be observed.
The competent forestry department of the provincial people's government shall strengthen cooperation with relevant departments or units in other regions involved in the domestic migration route of white cranes, enjoy the protection and scientific research information of white cranes, and promote the joint protection of white cranes.
Article 32 Any unit or individual that finds injured, sick, hungry, trapped or lost cranes shall protect them in time, and report to the competent forestry department of the people's government at the county level, which shall organize the adoption of emergency avoidance and rescue measures. For dead cranes, the competent forestry department of the provincial people's government shall organize or entrust a professional institution to identify the cause of death and properly dispose of it.
Article 33 Township people's governments in crane distribution areas shall guide village (neighborhood) committees, collective economic organizations and other relevant organizations to conclude conventions on crane protection, so as to raise the awareness of the whole people to protect cranes.
Chapter V Assurance and Supervision
Thirty-fourth people's governments at or above the county level shall include the funds for the protection and management of migratory birds in the fiscal budget at the corresponding level, make overall arrangements for funds, and increase investment in the protection and restoration of habitats, the protection and rescue of migratory birds, and the monitoring of epidemic sources and diseases.
The people's governments at or above the county level shall compensate the casualties, crops or other property losses caused by the protection of migratory birds, and the specific compensation measures shall be formulated and promulgated by the provincial people's government.
The relevant people's governments at or above the county level may promote insurance institutions to carry out compensation insurance business for migratory birds.
Thirty-fifth to encourage natural persons, legal persons and unincorporated organizations to participate in migratory bird protection, popular science education, shelter and rescue activities. In accordance with the law, support the public welfare undertakings of migratory birds protection through donations, subsidies and voluntary services.
Encourage and support international and domestic cooperation and exchanges in the protection of migratory birds.
Article 36 The competent forestry department of the people's government at or above the county level shall, jointly with relevant departments, scientific research institutes and institutions of higher learning, strengthen the research on its distribution, population dynamics, living environment characteristics, migration and foraging laws, epidemic monitoring and early warning, etc. In order to improve the protection level of migratory birds.
Article 37 The people's governments at or above the county level may, on the premise of scientifically setting observation range, standardizing bird watching behavior and reducing interference with migratory birds, hold bird watching weeks, bird watching competitions and other activities, develop ecological bird watching tourism resources, create ecological bird watching products and promote the ecological industrialization of migratory birds. The competent forestry department of the provincial people's government shall strengthen technical guidance on related activities.
The competent forestry authorities of the people's governments at or above the county level and other relevant departments shall guide social funds, local collective economic organizations and villagers to participate in the development of ecological bird-watching tourism resources and bird-watching ecological products, develop bird economy and promote rural revitalization.
Encourage financial institutions to rely on the rights and interests of bird watching ecological products to develop financial products such as green credit, green bonds and green insurance to provide financial support for the protection and green development of migratory birds.
Thirty-eighth migratory birds concentrated distribution areas, migratory birds important habitat protection grid management. Townships and village chiefs, river chiefs and lake chiefs should strengthen the inspection and management of migratory bird protection in the grid management responsibility area, and coordinate and deal with relevant issues of migratory bird protection in the responsibility area in a timely manner.
Thirty-ninth provincial people's government departments in charge of forestry should establish and improve the evaluation mechanism, analyze and evaluate the protection effect of migratory birds, and put forward improvement measures.
Fortieth forestry departments and other departments of the people's governments at or above the county level shall, in accordance with the relevant laws and regulations and the provisions of these Regulations, supervise and inspect the protection of migratory birds, and investigate and deal with illegal acts such as destroying migratory bird resources according to law.
The competent forestry departments and other departments of the people's governments at or above the county level may take the following measures in accordance with the law when performing their duties of supervision and inspection on the protection of migratory birds:
(a) to enter the production and business premises for on-site inspection;
(two) to consult and copy the relevant documents and materials, and to seal up the documents and materials that may be transferred, destroyed, concealed or tampered with;
(3) Temporarily detaining illegally hunted migratory birds and tools, illegally operated migratory birds and their products;
(four) to seal up places related to the activities of destroying migratory bird resources.
Supervision and inspection shall not affect the normal production and business activities of the inspected units.
Article 41 People's governments at or above the county level shall organize forestry, public security, ecological environment, agriculture and rural areas, market supervision, water administration, transportation, emergency management and other departments, and use big data, information technology and other means to carry out joint law enforcement and emergency disposal of migratory birds.
Article 42 The competent forestry authorities of the people's governments at or above the county level adjacent to the areas where migratory birds are concentrated shall strengthen the cooperation in law enforcement for the protection of migratory birds and jointly crack down on illegal acts that destroy migratory bird resources.
Article 43 The competent forestry department of the people's government at the provincial level may interview the principal responsible persons of the people's governments at or above the county level and their relevant departments in areas where the protection of migratory bird resources is ineffective, the problems are outstanding and the masses have strongly reflected, and ask them to take measures for timely rectification. The rectification should be made public.
Forty-fourth for the destruction of migratory bird resources, the organs and relevant organizations prescribed by law bring public interest litigation to the people's court, and the procuratorial organs and the competent forestry departments and relevant departments of the people's governments at or above the county level shall give support according to law.
Chapter VI Legal Liability
Article 45 The staff of the competent forestry department of the people's government at or above the county level or other relevant departments and units who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the protection and management of migratory birds and their habitats shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-sixth any unit or individual that causes damage to the ecological environment of migratory bird resources and their habitats shall bear corresponding administrative and criminal responsibilities according to law, and bear corresponding liability for damages.
Article 47 Whoever, in violation of the provisions of this Ordinance, moves or damages the minimum water level marker post in the core area of Poyang Lake National Nature Reserve without authorization, or withdraws water without authorization when the lake is below the minimum water level, shall be ordered by the Poyang Lake National Nature Reserve management institution to make corrections, and a fine of 100 yuan to 5000 yuan shall be imposed according to the seriousness of the case.
Forty-eighth in violation of the provisions of this Ordinance, the destruction or theft of migratory bird protection facilities and equipment, shall bear the corresponding liability for compensation according to law, and shall be punished by the public security organs in accordance with the "People's Republic of China (PRC) Public Security Management Punishment Law"; If a crime is constituted, criminal responsibility shall be investigated according to law.
Whoever, in violation of the provisions of this Ordinance, occupies or moves migratory bird protection facilities and equipment without authorization shall be ordered by the competent forestry department of the people's government at or above the county level to make restitution, and a fine of 200 yuan to 1,000 yuan shall be imposed on individuals, and a fine of 5,000 yuan to 10,000 yuan shall be imposed on units.
Article 49 Anyone who, in violation of the provisions of this Ordinance, uses unmanned aerial vehicles to photograph migratory birds in important habitats, concentrated distribution areas and nature reserves of migratory birds, interferes with the normal habitat activities of migratory birds, or frightens or drives away migratory birds and conducts other acts that seriously interfere with the normal habitat activities of migratory birds, shall be ordered by the competent forestry department of the people's government at or above the county level to make corrections, and may be fined not less than 2,000 yuan from 500 yuan according to the seriousness of the case. Those who cause casualties of migratory birds shall be punished in accordance with the provisions of relevant laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fiftieth other acts in violation of the provisions of this Ordinance, laws and regulations have been punished, its provisions shall apply.
Chapter VII Supplementary Provisions
Article 51 The meanings of the following terms in these Regulations:
(1) Habitat refers to an important area where wildlife populations live and multiply;
(2) Important habitats refer to the areas determined and published by the wildlife protection department of the State Council in conjunction with the relevant departments of the State Council according to the results of investigation, monitoring and evaluation of wildlife and its habitats;
(3) The concentrated distribution area of migratory birds refers to a specific area where only the migratory bird population under special state protection or a large number of migratory birds live, breed and live in groups;
(4) The migratory passage for migratory birds refers to a specific area through which a large number of migratory birds gather for migratory activities in a specific season.
Article 52 These Regulations shall come into force from June 65438 +654381October +20221October. 1996165438+1October 14 Jiangxi provincial people's government order No.49 was issued, and Jiangxi provincial people's government order No.49 was first revised on June 30, 2004, 2006 134. On October 8, 20191kloc-0, the third revised Jiangxi provincial people's government decree No.241Regulations on the Protection of Migratory Birds in Poyang Lake Nature Reserve in Jiangxi Province was abolished at the same time.
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