Provisions of Shanghai Municipality on the Administration of Chongming District's No-hunting Zones
Provisions of Shanghai Municipality on the Administration of Chongming District's No-hunting Zones
(Promulgated by Decree No. 2 of Shanghai Municipal People's Government on April 3, 2018;amended by Decree No. 7 of Shanghai Municipal People's Government on December 5, 2023)
Article 1 (Purpose and Basis)
With a view to strengthening the management of the no-hunting/poaching zones in Chongming District of Shanghai Municipality, protecting the wild animals there and promoting the construction of Chongming World-class Ecological Island, these Provisions are formulated according to the provisions of the Law of the People's Republic of China on the Protection of Wild Animals, the Regulations of the People's Republic of China on the Protection of Terrestrial Wild Animals, the Procedures of Shanghai Municipality for the Protection of Wild Animals, and the Decision of the Standing Committee of Shanghai Municipal People's Congress on Promoting and Ensuring the Construction of Chongming World-class Ecological Island, relevant laws and rules, and in the light of the actual circumstances of Chongming district.
Article 2 (Administrative Department)
The municipal wildlife administrative department is the competent department in charge of the administration of the no-hunting zones in this Municipality.
The people's government of Chongming district shall take charge of the administration of organizing and coordinating the prohibition of hunting wild animals within the no-hunting zones.
Chongming wildlife administrative department shall take charge of the implementation of these Provisions. The wildlife protection and management organizations of the Chongming District shall, under the leadership of Chongming wildlife administrative department, take charge of the routine management of prohibition of hunting wild animals within the no-hunting zones.
The town/township people's governments of Chongming district shall take charge of the relevant management of prohibition of hunting wild animals within their jurisdictions.
Such administrative departments as public security, market regulation, transportation, etc. and the urban management and law enforcement departments of Shanghai Municipality and Chongming district shall, in according with their respective responsibilities, coordinate the implementation of these Provisions.
Article 3 (Fund Guarantee)
The people's governments of Shanghai Municipality and Chongming district and the latter's town/township people's governments shall guarantee the fund for the management of prohibition of hunting wild animals within the no-hunting zones.
Article 4 (No-hunting Areas and Targets)
The delimitation and adjustment of the areas of the no-hunting zones shall be proposed by the wildlife protection and management organizations of Chongming district in accordance with the actual needs, and announced upon approval by the Chongming District People's Government.
The term "wild animals" mentioned in these Provisions refers to the following terrestrial wild animals:
1. animals that are on the state and municipal lists for wild animal priority protection;
2. animals that are on the lists of terrestrial wild animals of significant ecological, scientific or social value;
3. and other terrestrial animals that do need to be protected according to scientific assessment and have been published by the Chongming District People's Government.
Article 5 (No-hunting Inspection System)
The inspection system of not hunting wild animals shall be implemented in the no-hunting zones.
Chongming wildlife administrative department shall, in conjunction of the relevant departments, formulate a plan for inspecting no-hunting zones and report it to the Chongming District People's Government for approval. The inspection plan for no-hunting zones shall specify such contents as the departments involved, responsibilities, personnel, frequency of inspections, key inspection zones and specific handling measures.
Chongming wildlife administrative department and the town/township people's governments of Chongming district shall, in accordance with the plan for inspecting no-hunting zones, organize professional teams to carry out inspections. Relevant organizations and individuals shall assist and cooperate with the inspections.
Units responsible for the maintenance of public welfare forests and commercial forests within the no-hunting zones shall assign special persons to patrol their maintenance areas and establish patrol records. Where these units find any illegal hunting of wild animals, they shall stop it and promptly report it to Chongming wildlife administrative department or the wildlife protection and management organizations of Chongming district.
Article 6 (Setting up of Signs)
Chongming wildlife administrative department shall set up no-hunting signs in such key areas as the habitats or migration routes of wild animals.
The units operating or managing such public places as public green space, big shopping malls, hotels, restaurants, expressway entrances and exits, public transport hubs, and rail transit stations shall set up wildlife protection signs in accordance with the provisions.
The municipal wildlife administrative department shall formulate the standards for making and setting up no-hunting signs and wildlife protection signs.
Article 7 (Technical Prevention Facilities)
Chongming wildlife administrative department shall, in conjunction of the relevant departments, install infrared cameras, video surveillance devices and other technical prevention facilities in wildlife habitats, migration routes, and other areas where illegal hunting of wild animals occurs frequently so as to monitor illegal wild animal hunting.
Article 8 (No-hunting Requirements)
Unless it is otherwise prescribed by laws and rules, hunting and other activities that hinder the growth and reproduction of wild animals shall be prohibited within the no-hunting zones.
In addition to the hunting tools and methods prohibited by laws and rules, hunting of wild animals with the following tools and methods shall also be prohibited within the no-hunting zones:
1. bows and arrows (crossbows), nail guns and other shooting tools;
2. bird traps, snake catchers and other catching tools;
3. trapping with artificial simulated sounds, food, living animals or animal specimens, except trapping for scientific research, population control, or monitoring of epidemic sources and epidemic diseases, or other special circumstances approved by law;
4. and other hunting tools and methods prohibited by the Chongming District People's Government.
Article 9 (Prohibition of Eating or Purchase of Wild Animals)
It shall be prohibited to eat wild animals under state priority protection and national protected terrestrial wild animals with important ecological, scientific, and social value, as well as other terrestrial wild animals.
It shall be prohibited to illegally purchase wild animals prescribed in the preceding paragraph and their products for eating.
Article 10 (Prohibition of Wild Animal Food Touting)
Catering providers shall not make signboards or menus with the names, nicknames and pictures of wild animals and their products prohibited from eating as prescribed in Article 9.
Article 11 (Sheltering and Rescue)
Chongming wildlife administrative department shall, in accordance with the relevant provisions of the State and this Municipality, assign wildlife shelter and rescue institutions to organize the work.
The municipal wildlife administrative department shall publish the name, address, contact information, etc. of the wildlife shelter and rescue institutions.
Article 12 (Agricultural Protection)
Where wild animals may cause harm to crops, relevant units and individuals shall take necessary agricultural protection measures.
The agriculture and rural affairs administrative department of Chongming district shall organize the promotion of scientific and reasonable agricultural protection measures, and guide the specific application of the measures so as to effectively reduce losses to crops and harms to wild animals.
Universities, research institutions and related enterprises shall be encouraged to study and promote new technologies, materials and equipment for agricultural protection.
Article 13 (Non-governmental Conventions)
Residents' committees, villagers' committee and other organizations shall be encouraged to guide residents and villagers to comply with the requirements for managing the no-hunting zones through residents' and villagers' conventions, agreements, etc.
Article 14 (Public Participation)
Volunteer organizations and individuals shall be encouraged and supported to participate in, according to law, the prohibition of wildlife hunting and protection of wildlife in the no-hunting zones.
Chongming wildlife administrative department shall establish a communication mechanism and solicit the opinions and suggestions of volunteer organizations, individuals and the public on the work of hunting prohibition and wild animal protection in the no-hunting zones.
Article 15 (Publicity and Popularization)
The Chongming District People's Government shall organize the publicity, education, and scientific knowledge popularization on no-hunting of wild animals and their protection, and shall, through various ways, publicize laws and rules on the prohibition of wildlife hunting and their protection, popularize knowledge of the prohibited targets, tools and methods and the meanings of related logos.
Article 16 (Information-sharing Mechanism)
The Chongming District People's Government shall establish a communication mechanism for managing the information of the no-hunting zones, and regularly organize relevant Chongming district departments such as wildlife protection, public security, market regulation transportation, as well as the urban management and law enforcement departments and the town/township people's governments of Chongming district to share information and study the management situation in the no-hunting zones.
Article 17 (Handling of Complex Cases)
In the event of a complex wildlife case that requires joint handling by multiple departments, Chongming wildlife administrative department shall promptly report the case to the Chongming District People's Government. The latter may organize the relevant Chongming district departments such as wildlife protection, public security, market regulation, transportation, as well as the urban management and law enforcement department and the town/township people's governments of Chongming district to handle the case through joint law enforcement or other ways.
Article 18 (Convergence Mechanism Administrative of Law Enforcement and Criminal Justice)
Chongming district departments such as wildlife protection and market regulation shall, in conjunction with the district public security department, establish and improve the convergence mechanism of administrative law enforcement and criminal justice, and clarify the procedures and materials for the transfer of wildlife cases.
Article 19 (Assessment and Evaluation)
The Chongming District People's Government shall incorporate the wild animal no-hunting and protection work in the no-hunting zones into the system of assessing all relevant departments, town/township people's governments and their responsible persons.
Chongming wildlife administrative department and the town/township people's governments shall regularly organize public evaluations on the wild animal no-hunting and protection work by their respective subordinate departments. The evaluation results shall be made public.
Article 20 (Reporting and Rewards)
All organizations and individuals shall have the right to report illegal wildlife hunting, production, operation, sale, purchase, utilization, transportation, carrying and delivery to relevant Chongming district departments such as wildlife protection, public security, market regulation, transportation, as well as the urban management and law enforcement departments and the town/township people's governments of Chongming District. Upon receipt of the report, the relevant departments shall deal with it in a timely manner and provide the informer with feedback.
Where the report that has provided clues to illegal acts is verified, the informer shall be rewarded; and the Chongming District People’s Government shall formulate detailed measures of rewards.
Article 21 (Administrative Penalty)
Any behavior that violates these Provisions shall be dealt with according to the laws and rules on wild animals' protection and advertising of the State and this Municipality.
Article 22 (Administrative Responsibility)
Where the Chongming District People's Government, town/township people's governments or the relevant departments or employees commit any of the following acts in violation of these Provisions, the direct persons in charge and other persons directly responsible shall be punished according to law:
1. failing to fulfill their inspection responsibilities as required;
2. failing to perform the duties of reporting complex cases or organizing the handing of such cases;
3. failing to deal with the reported illegal acts in a timely manner, resulting in adverse consequences;
4. or other circumstances that fail to perform their management duties for the no-hunting zones in accordance with the law.
Article 23 (Implement as Reference)
The management of no-hunting zones in other districts of this Municipality shall be implemented with reference to these Provisions.
Article 24 (Effective Date)
These Provisions shall be effective as of May 15, 2018.