Our reporter Fan Tianjiao
The establishment of nature reserves is an effective measure to protect the ecological environment and natural resources, and an important carrier to protect biodiversity and build ecological civilization. The Eighth Meeting of the Standing Committee of the 14th People's Congress of Anhui Province voted to adopt the Regulations of Anhui Province on Nature Reserves (hereinafter referred to as the Regulations), which has five chapters and 40 articles, and has been implemented since May 1.
The Regulations adhere to the problem orientation, summarize the experience and practices in the construction and management of nature reserves in the province, focus on the reform direction of the national nature reserve system, and standardize the basic system for key issues that need to be solved urgently in the practice of nature reserves in the province.
Clarify protection principles and strengthen department coordination
The nature reserve is an important carrier to promote the construction of ecological civilization. At present, the total area of nature reserves in Anhui Province is 47700 hectares, accounting for 3.42% of the total area of the province, which is at a low level in the country (14.84% in the country). The task of construction and protection is heavy.
Formulating the Regulations is an inevitable requirement for building an Anhui model of ecological civilization construction, and also a practical need to standardize the management of nature reserves. The Regulations clearly define the basic principles of the construction and management of nature reserves, that is, the construction and management of nature reserves should adhere to the principles of strict protection, unified planning, scientific utilization and green development, establish and improve the working mechanism of government led, hierarchical management and multi-party participation, and properly handle the relationship with local economic construction and residents' production and life.
In order to clarify the protection and management responsibilities and prevent prevarication, the Regulations specify that people's governments at or above the county level should strengthen their leadership over the work of nature reserves, assume the main responsibility for the construction and management of nature reserves, and incorporate the development and construction management of nature reserves into the national economic and social development plan. The competent forestry authorities of the people's governments at or above the county level shall be responsible for the administration of nature reserves in a unified way. The ecological environment departments of the people's governments of provinces and cities divided into districts are responsible for the ecological environment supervision and relevant law enforcement of nature reserves. The development and reform, science and technology and other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the management of nature reserves.
The Regulations stipulate that special management organizations should be set up in nature reserves to take charge of the specific management of nature reserves. The nature reserve management organization undertakes six main responsibilities, including the implementation of laws, regulations, guidelines and policies on nature protection; To formulate the management system of nature reserves and uniformly manage nature reserves; Investigate natural resources and establish archives, organize environmental monitoring, protect natural resources and ecosystems in nature reserves, and investigate and deal with illegal acts that damage nature reserves; To organize or assist relevant departments in conducting scientific research in nature reserves; Carry out publicity and education on nature protection; On the premise of not affecting the natural resources and ecosystem of the nature reserve, organize and carry out visits, tourism, research and other activities.
"The protection and management of nature reserves involves many departments, which needs the cooperation of forestry departments and relevant departments. The Regulations further clarify the responsibilities of local governments and relevant departments, strengthen the coordination of departments, and improve the efficiency of supervision. The provincial forestry authorities will actively coordinate with the relevant departments of public security, development and reform, finance, natural resources, ecological environment, agriculture and rural areas, water administration, etc., and do a good job in the protection and management of nature reserves within their respective responsibilities. " The relevant person in charge of Anhui Provincial Forestry Department said.
Natural reserves should be established in five types of areas
In Anhui Chinese alligator National Nature Reserve, Chinese alligators lie on the stones in the pool and enjoy "sunbathing" lazily. This once endangered species has been able to reproduce in the "homeland".
The nature reserve is a "shelter" for rare animals and plants, with special scientific research value. So, which areas should be set up with nature reserves?
According to the Regulations, typical natural geographical areas, representative natural ecosystem areas and similar natural ecosystem areas that have been damaged but can be recovered after protection, natural concentrated distribution areas of rare and endangered wild animal and plant species, wetlands, waters, forests and grasslands with special protection value, Natural reserves shall be established for geological structures, famous karst caves, fossil distribution areas, volcanoes, hot springs and other natural sites with significant scientific and cultural value, as well as other natural areas that need special protection with the approval of the State Council or the provincial people's government.
Nature reserves are divided into national nature reserves and provincial nature reserves. Among them, the establishment of nature reserves spanning two or more administrative regions shall be jointly applied for by the people's government of the city divided into districts of the relevant administrative region or by the competent forestry department of the provincial people's government, and shall be reviewed, approved and filed in accordance with the prescribed procedures.
In view of the state's ongoing reform of nature reserves, the Regulations do not make specific provisions on the naming and functional area division of nature reserves for the time being. It is clear that the naming and functional area division of nature reserves shall be implemented in accordance with relevant national regulations. It is required that the scope and boundary of provincial nature reserves should be determined by the provincial people's government, and that the determination of the scope and boundary should take into account the integrity and appropriateness of the protected objects, as well as the needs of local economic construction and residents' production and life.
The Regulations require that the competent forestry department of the provincial people's government should, together with the relevant departments of the provincial people's government, organize the preparation of the development plan of the natural reserves of the province according to the natural resources and ecological environment conditions of the province and the needs of the protection and development of the natural reserves, and submit it to the provincial people's government for approval before implementation. On the basis of comprehensive scientific investigation and special investigation, the management organization of nature reserves shall organize the preparation of plans for nature reserves, and define the objectives and tasks of the protection and management of nature reserves, the requirements for zoning management, the management and patrol, scientific research and monitoring, science popularization and education, disaster prevention and mitigation, ecological restoration and eco-tourism.
People's governments at or above the county level shall establish and improve the compensation mechanism for ecological protection in nature reserves. The specific measures for ecological protection compensation shall be formulated separately by the provincial people's government.
Clearly prohibit behaviors and protect natural ecology
Destroying nature reserves and touching the legal "red line" should pay the illegal price. This time, the Regulations were formulated to strengthen the "protective power" of nature reserves and clarify a variety of prohibited behaviors, including the prohibition of logging, grazing, hunting, fishing, medicine collection, reclamation, burning, mining, quarrying, sand digging and other activities in nature reserves; Except as otherwise provided by laws and administrative regulations. In case of violation, the competent forestry department and the ecological environment department of the people's government at or above the county level shall, according to their duties, order them to stop the illegal act, confiscate the illegal income, and restore the original state or take other remedial measures within a time limit; Those who cause damage to nature reserves may also be fined not less than 2000 yuan but not more than 10000 yuan.
It is forbidden to destroy or move the boundary markers of nature reserves without authorization. Natural persons, legal persons and unincorporated organizations that violate the provisions shall be ordered to make corrections by the administrative organ of nature reserves, and may be fined not less than 1000 yuan but not more than 5000 yuan according to different circumstances. It is strictly prohibited to set up visiting, tourism and research projects that are inconsistent with the protection direction of the nature reserves. For the management organizations and their staff members of the nature reserves that violate the regulations, the competent forestry authorities of the people's governments at or above the county level shall order them to make corrections within a time limit; The persons directly in charge and other persons directly responsible shall be given sanctions by the competent authorities according to law.
The Regulations also make relevant prohibitive provisions on the introduction of alien species, dumping of solid waste, and destruction, occupation, land purchase and sale. If there are provisions on punishment for acts violating the Regulations in relevant laws and administrative regulations, such provisions shall prevail; If a crime is constituted, criminal responsibility shall be investigated according to law.
In order to strengthen the management of nature reserves, strengthen resource protection and improve the level of protection and management, the Regulations stipulates that public security organs can set up public security agencies in nature reserves as needed to maintain public order in nature reserves. The administrative organ of a natural reserve shall establish and improve the safety management system, formulate an emergency plan for emergencies, and report it to the people's government at the same level and its competent forestry department for the record. At the same time, the patrol work mechanism should be established, full-time patrol personnel should be allocated, patrol work should be strengthened, and the informatization and intelligence level of patrol should be improved.
In addition, natural persons, legal persons and unincorporated organizations that have caused or are likely to cause damage or pollution to nature reserves due to accidents or other sudden events must take immediate measures to deal with them, promptly notify the natural persons, legal persons and unincorporated organizations that may be endangered, and report to the nature reserve management agencies, the competent forestry authorities and the ecological environment department, Accept investigation and handling. In case of personal injury and property loss caused by terrestrial wildlife within the nature reserve, compensation shall be made in accordance with relevant laws and regulations and the Measures of Anhui Province for Compensation of Personal Injury and Property Loss Caused by Terrestrial Wildlife.