291 Rules of the Shenzhen Municipality on the Administration of the Neilingding Island ---Futian Nature Reserve[深圳市内伶仃岛——福田国家级自然保护区管理规定(2002)]

Archived（May 28, 2018）

(Adopted at the 44^th Executive Meeting of the Third Session of the Shenzhen Municipal People’s Government, promulgated by Order No. 108 of the Shenzhen Municipal People’s Government on February 9, 2002, and put into force from the date of promulgation) 

       Article 1 In order to strengthen the administration of the Futian Nature Reserve for the Redwood Forest, Birds (hereinafter referred to as the Redwood Forest Reserve) in the Shenzhen Special Economic Zone, protect the natural environment and natural resources, these rules are hereby formulated in accordance with the laws, regulations, rules such as Law of the People’s Republic of China on Forest, Law of the People’s Republic of China on the Protection of Wild Animals, Law of the People’s Republic of China on Environmental Protection, Regulations of the People’s Republic of China on Nature Reserves, Measures on the Administration of the Type of Nature Reserves for Forest and Wild Animals and in light of the practical conditions of the Redwood Forest Reserve. 

       Article 2 The Redwood Forest Reserve is part of the Neilingding Island, Guandong---Futian National Nature Reserve, a type of nature reserves for forest and wild animals which take the forest of the rare plant, redwood, the precious, rare, endangered birds, and the ecological environment of wetlands they depend on for surviving as the main objects of protection. 

       Article 3 The principle of rigorous protection, scientific management, and rational utilization shall be put into practice in the Redwood Forest Reserve. 

       Article 4 The Administrative Bureau of the Neilingding Island, Guandong---Futian National Nature Reserve (hereinafter referred to as the administrative bureau of reserve) shall be the administrative office of the Redwood Forest Reserve specifically responsible for the day-to-day administration of the Redwood Forest Reserve under both the leadership of the municipal administrative department in charge of forestry and the professional direction of the provincial administrative department of forestry. 

       The municipal departments of environmental protection, planning and land, public security, etc. shall make joint efforts to have the administration of the Redwood Forest Reserve going well according to their respective duties. 

       Article 5 The land within the property line of the Redwood Forest Reserve shall be requisitioned by the municipal government in a unified way, and be managed by the administrative bureau of reserve. 

       Article 6 The Redwood Forest Reserve shall be divided into the center area, buffer area, and experiment area according to the distribution of the resources of animals and plants, and endangered animals and plants. The center area shall be put under the closed administration, any unit and individual shall be prohibited from entering except for those executing the public duty of board defense and those engaging in the observance for scientific research approved according to laws, regulations. The buffer area shall be put under the half-closed administration, the non-destructive observance for scientific research and the activities to improve the ecological environment shall be allowed. The activities of scientific experiments, field trips for teaching, and tourist visits, etc. shall be allowed in the experiment area. The specific limits of the center area, buffer area, and experiment area shall be prescribed in the overall plan. 

       Article 7 The administrative bureau of reserve shall jointly with the related departments make the overall plan of the Redwood Forest Reserve in accordance with the natural environment, the state of natural resources, and the needs of protection. Any unit and individual shall not engage in the activities of construction in the Redwood Forest Reserve without meeting the requirements of the overall plan of the Redwood Forest Reserve. If a unit or an individual wants to build temporary facilities within the buffer area, experiment area of the Redwood Forest Reserve, it shall be reported to the administrative department in charge of forestry for approval, and then other formalities may be gone through after approval. The development of the peripheral areas of the Redwood Forest Reserve shall be rigorously controlled by the municipal government, and the activities of development, construction shall not be undertaken without approval by the municipal government. 

       Article 8 In case of engaging in the activities of scientific research, tourist visits in the Redwood Forest Reserve, a written application shall be filed to the administrative bureau of reserve in advance. 

       The administrative bureau of reserve shall examine the application filed by a unit or an individual and make a reply within 15 days from the date of accepting the application. If the application is approved after the examination, a pass shall be issued; if the application is rejected, an explanation shall be made. 

       Article 9 If a foreigner enters the Redwood Forest Reserve, the host unit shall go through the formalities according to the related rules of Regulations of the People’s Republic of China on Nature Reserves, abide by the laws, regulations, rules of the state, province, municipality, and follow the management of administrative offices. 

       Article 10 The sections where the Redwood Forest Reserve and the outpost area for border defense overlap shall be put under the system of double administration. 

       The administrative bureau of reserve shall provide convenient working conditions for the personnel of border defense who have to routinely enter and leave the above-mentioned sections, regularly process the passes for them to enter the Redwood Forest Reserve so that they may enter and leave the reserve by presenting the passes. 

       The departments of public security and border defense shall provide convenient working conditions for the personnel of the administrative bureau of reserve who have to routinely enter and leave the above-mentioned sections, regularly process the related documents for them to enter the outpost area for border defense so that they may enter and leave the outpost area by presenting the documents. 

       When executing public duties in the above-mentioned sections, the above-mentioned personnel shall abide by the laws, regulations, rules of the state, province, municipality on the administration of border regions and nature reserves, and follow the management of the related departments. 

       If the people who are not the above-mentioned personnel want to enter the above-mentioned sections, they shall go through the formalities according to the related rules of the state. 

       Article 11 When fulfilling the tasks of guarding, patrolling for border defense, the departments of public security and border defense shall avoid the center area of the Redwood Forest Reserve. 

       When building and using the facilities such as the roads for armed forces to execute duties, watch towers for executing duties, illumination devices, communication equipments in the buffer area, experiment area of the Redwood Forest Reserve, the departments of public security and border defense shall pay attention to the protection of the local ecological environment and make them to match the surrounding natural scenery, and take some measures to cover them if it is necessary. The related departments shall ask the opinion of the administrative bureau of reserve and its responsible department on building the above-mentioned facilities. 

       Article 12 The original Bifengtang Haven, its channels, and other facilities within the Redwood Forest Reserve may keep the current size and functions, there shall be no reconstruction, extension, and construction of any facilities, violators shall be punished by the municipal department in charge of forestry according to the related rules. The discharge of pollutants by the related units and individuals in their use of the above-mentioned channels and facilities shall meet the discharge standards set by the state, province, and municipality, violators shall be punished by the municipal administrative department in charge of environmental protection according to the related rules of the laws, regulation on environmental protection. 

       Article 13 It shall be prohibited to discharge waste gas, waste water, waste residues, and other pollutants, and be prohibited to engage in the acts to cause the environmental pollution such as noise, vibration, radioactive materials, electromagnetic wave radiation, etc., violators shall be punished by the municipal administrative department in charge of environmental protection according to the laws, regulations on environmental protection. 

       If the illegal acts referred to in the previous section cause wild animals the disability, death, the municipal administrative department in charge of forestry shall impose punishments according to the related rules on the protection of wild animals. 

       Article 14 The administrative bureau of reserve shall strengthen the administration of tourist attractions and facilities, set up the facilities of firefighting, sanitation, etc. in the experiment area, put into practice a system of rigorous patrol and inspection, prevent the environmental pollution and the destruction of natural resources from happening, and prevent the forest fire. 

       Article 15 The administrative bureau of reserve shall set up boundary markers in the Redwood Forest Reserve, any unit or individual shall not move or damage the markers without authorization, violators shall be ordered by the administrative bureau of reserve to correct, and shall pay the compensation according to the price for re-setting up the marker which has been damaged, the administrative bureau of reserve may impose a fine of more than 100 but less than 5,000 RMB according to the circumstances. 

       Article 16 It shall be strictly prohibited to fell the redwoods and other woods without authorization in the Redwood Forest Reserve, the units and individuals felling the redwoods and other woods without authorization shall be ordered to stop illegal acts, to restore the original state or to take other remedy measures, and the municipal administrative department in charge of forestry may impose fines. In case of felling the redwoods taller than 1.5 meters, a fine of 3,000 RMB per tree shall be imposed; in case of felling those taller than 1 meter but shorter than 1.5 meters, a fine of 2,000 RMB per tree shall be imposed; in case of felling those shorter than 1 meter, a fine of 1,000 per tree shall be imposed. In case of felling the other woods, a fine of more than 3 times but less than 10 times of the value of the felled woods shall be imposed. 

       If the circumstances are so serious that a crime is constituted in felling the redwoods and other woods, the criminal responsibility shall be investigated into according to law. 

       Article 17 It shall be strictly prohibited to enter the Redwood Forest Reserve to take acts to disturb wild animals in their resting, looking for food, and reproducing such as hunting, picking up eggs, catching baby birds, destroying nests, digging herbs, excavating sands, taking earth, burning the virgin land, using open fire, cutting reeds, keeping oysters, fishing and catching crabs, etc. The illegal earnings of violators shall be confiscated, these persons shall be ordered to stop illegal acts, to restore the original state or to take other remedy measures; in case of doing damages to the Redwood Forest Reserve, the municipal administrative department in charge of forestry shall impose a fine of more than 300 but less than 3,000 RMB; if the circumstances are serious, a fine of more than 3,000 but less than 10,000 RMB shall be imposed; if a crime is constituted, the criminal responsibility shall be investigated into according to law. 

       Article 18 In case of catching and killing wild animals illegally in the Redwood Forest Reserve, the municipal administrative department in charge of forestry shall, in addition to confiscating the bag, hunting tools, and illegal earnings, impose a fine of more than 5,000 but less than 10,000 RMB; if the circumstances are serious enough to constitute a crime, the criminal responsibility shall be investigated into according to law. 

       Article 19 The administrative bureau of reserve shall reward the meritorious personnel who report the acts of hunting and catching the endangered animals under protection, destroying the environment, natural resources of the redwood Forest Reserve. The municipal government shall commend and reward the units and individuals having made outstanding contributions to the undertaking of the Redwood Forest Reserve. 

       Article 20 If anyone of the personnel of the administrative bureau of reserve abuses power, neglects duties, practices favoritism and engages in irregularities, the criminal responsibility shall be investigated into in case of constituting a crime; if the circumstances are light and a crime is not constituted, the unit which the person is affiliated with or the superior office shall impose administrative sanctions.