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Announcement on Soliciting Opinions on the "Regulations on the Protection of the Big Bear Mountain National Forest Park (Draft) in Loudi City"

[date: 2019-07-30 16:47:00 来源: 娄底人大 作者: ] Source: National People's Congress of Loudi: Page views:

The 22nd meeting of the 5th People's Congress Standing Committee of Loudi City conducted the first review of the "Regulations on the Protection of the Big Bear Mountain National Forest Park (Draft)" in Loudi City. In order to enhance the democracy and scientificity of legislation and improve the quality of legislation, the "Regulations (Draft)" and its description are published in full, and opinions from all sectors of society are openly solicited. If you have any comments, please send them to the Legal Work Committee of Loudi Municipal People's Congress by August 31, 2019 or email 329143351@qq.com.

Contact: Liu Kun Telephone: 0738-8289923

Address: 500 Leping Avenue East, Loudi City, Zip Code: 417000

娄底市大熊山国家森林公园保护条例(草案) 》及其说明 Attachment: " Regulations on the Protection of the Big Bear Mountain National Forest Park in Loudi (Draft) " and its explanation

Loudi Municipal People's Congress Standing Committee Office

July 30, 2019

Regulations on the Protection of Big Bear Mountain National Forest Park in Loudi

(Draft)

I. Necessity of Formulating These Regulations (Draft)

国家森林公园位于新化县北部, 森林覆盖率高 珍稀物种多 生态价值大,是新化 的天然屏障,是湘中地区 唯一 幸存的一块受人为干扰较少的 地方 ,对生物基因研究和 娄底 全域旅游发展等都具有十分重要的价值和意义。 Big Bear Mountain National Forest Park is located in the north of Xinhua County. It has high forest coverage , many rare species , and great ecological value. It is a natural barrier for Xinhua County and the only surviving area in central Hunan with less human disturbance . Genetic research and Loudi global tourism development are of great value and significance.

In recent years, the problems of private construction, random burial, disorderly management, and unreasonable development in the Big Bear Mountain National Forest Park have become increasingly prominent, which has severely damaged landscape resources. 规划、建设、项目准入等方面做到有法可依,用针对性的法律条文来切实约束和规范景区 的各种行为 At present, Big Bear Mountain is in the period of development and construction. It must have legal basis in planning, construction, project access, etc., and use targeted legal provisions to effectively restrict and regulate various behaviors in the scenic area . 切实保护好公园内的自然和人文资源,推动当地 文化旅游产业健康有序发展。 Establishing a scenic area management system with unified powers and responsibilities, and orderly management of scenic areas, can effectively protect the natural and human resources in the park, and promote the healthy and orderly development of the local cultural tourism industry. 内现有4000 多居民人口,景区的资源保护与他们息息相关 There are more than 4,000 residents in the park , and the protection of the scenic area's resources is closely related to them . 可以 切实保障 居民 的权益,让 他们 能真正享受保护资源带来 实实在在的效益。 Through legislation, the rights and interests of residents can be effectively protected , so that they can truly enjoy the real benefits brought by the protection of resources .

开发强度,加强产业发展引导,完善园区内整体联动监管机制,减少对生态系统的人为干扰,防止不可逆转的生态破坏发生,确保大熊山区域生态系统稳定,是 大熊山国家森林公园 步入良性循环发展轨道的必然之路。 Therefore, strengthen the legislative protection of Big Bear Mountain, strictly control the development intensity of Big Bear Mountain , strengthen the guidance of industrial development, improve the overall linkage supervision mechanism in the park, reduce artificial interference to the ecosystem, prevent irreversible ecological damage, and ensure Big Bear Mountain Regional ecosystem stability is the inevitable way for the Big Bear Mountain National Forest Park to enter a virtuous circle of development.

Explanation of several major issues

(1) Regarding the law enforcement mechanism. 解决 的问题。 The law enforcement mechanism is a problem that the management organization of Big Bear Mountain National Forest Park needs to solve urgently . At present, the Big Bear Mountain National Forest Park Management Office belongs to the deputy division-level public institution, and the Big Bear Mountain National Forest Farm belongs to the Zhengke-level public institution and is under the leadership of the management office . 国有 林场履行乡镇职能,但职能是不健全的,没有被划入真正的乡镇行政体制行列。 Although the Daxiongshan State-owned Forest Farm performs the functions of townships and townships, the functions are not complete and have not been included in the ranks of the true township and township administrative system. 大熊山国有 林场都属于事业单位,不属于乡镇,设置综合执法机构 存在 障碍 According to the "Implementation Opinions on the Reform of Loudi City's Township (Street) Institutions" (Lou Commission [ 2019 ] No. 23 ) issued by the Municipal Party Committee, a comprehensive law enforcement agency can be set up at the township level in the future, but the Big Bear Mountain National Forest Park Management Office and Big Bear Mountain state-owned forest farms are all public institutions, not townships, and there are obstacles to setting up comprehensive law enforcement agencies . 明确 为委托执法机制。 Therefore, referring to the legislative feasible model introduced earlier, it is clearly the entrusted law enforcement mechanism.

(2) On the issue of partition protection. 可能会 与今后的发展要求有冲突。 If the Big Bear Mountain National Forest Park is divided into first-, second-, and third-level protected areas and peripheral areas, from the perspective of tourism resource distribution and future development of the Big Bear Mountain National Forest Park, the boundaries of such protected areas are difficult to determine. Prohibited construction activities in various protected areas may conflict with future development requirements. (林场发〔 2018 4 号) 要求,《条例(草案)》规定按照生态功能和资源保护目标,将森林公园划为核心保护区、生态保育区、观光 憩区和管理服务区四个功能区,并在各功能区内明确了相应的禁止建设活动,充分考虑了各功能区的功能作用,允许必要的建设活动来促进大熊山的旅游发展。 Therefore, in accordance with the actual needs of tourism development of the Big Bear Mountain National Forest Park and the "State Forestry Administration's Notice on Further Strengthening the Management of National Forest Parks" (Forest Farm [ 2018 ] No. 4 ) requirements, the Regulations (Draft) stipulates that Resource protection objectives, the forest park is divided into four functional areas : core protection area, ecological conservation area, tourism and recreation area and management service area, and the corresponding prohibited construction activities are clearly defined in each functional area, and each functional area is fully considered. The functional role allows the necessary construction activities to promote the tourism development of Big Bear Mountain. 利于 立法条例的操作。 This functional division not only reserves the necessary space for tourism development in Big Bear Mountain, but also facilitates the operation of legislative regulations.

(3) Regarding the issue of resident relocation. 人口 ,以前的经济来源主要靠国家补贴、外出打工、在家务农,收入状况较差。 The Big Bear Mountain National Forest Park now has a population of more than 4,000 residents in eight industrial areas . The previous economic source was mainly based on state subsidies, working outside the home, farming at home, and poor income. After the tourism in Big Bear Mountain, some residents participated in the tourism industry and began to operate farmhouses, shops, and other projects. The economic situation has greatly improved. However, with the increase of tourists, some residents have blindly pursued economic benefits. Reconstruction and expansion of homes, farmhouses, guesthouses, and other guesthouses are constantly springing up. The style, color, and volume are not uniform and not standardized, which not only causes a strong visual contrast, but also causes natural and human resources in Big Bear Mountain. Serious damage . 对外迁居民 进行 妥善安置,在就业、医疗、教育、养老等民生保障方面予以支持 Therefore, the "Regulations (Draft)" stipulates that migrants should be relocated by time zone and time zone, and resettled residents should be properly resettled to support people's livelihood security such as employment, medical care, education, and retirement . The effective protection of the rights and interests of migrants in the form of legislation is also conducive to the promotion and implementation of this work.

Regulations on the Protection of Big Bear Mountain National Forest Park in Loudi

(draft)

table of Contents

总则 Chapter I General Provisions

规划与建设 Chapter II Planning and Construction

保护与管理 Chapter III Protection and Management

法律责任 Chapter IV Legal Liability

附则 Chapter V Supplementary Provisions

Chapter I General Provisions

为了加强大熊山国家森林公园管理,保护和合理利用公园的自然和人文资源,发展森林旅游,促进生态文明建设,根据有关法律、法规,结合大熊山国家森林公园实际,制定本条例。 Article 1 [Legislative Purpose] In order to strengthen the management of the Big Bear Mountain National Forest Park, protect and rationally use the park's natural and human resources, develop forest tourism, and promote the construction of ecological civilization, in accordance with relevant laws and regulations, combining the actual conditions of the Big Bear Mountain National Forest Park, Enact these regulations.

本条例适用于大熊山国家森林公园的规划、建设、保护和管理。 Article 2 [Scope of Application] These regulations apply to the planning, construction, protection and management of the Big Bear Mountain National Forest Park.

The specific scope of Big Bear Mountain National Forest Park is determined in accordance with the approved master plan.

大熊山国家森林公园的保护,应当遵循科学规划、统一管理、分区保护、合理利用、永续发展的原则。 Article 3 [Protection Principles] The protection of the Big Bear Mountain National Forest Park shall follow the principles of scientific planning, unified management, regional protection, rational use, and sustainable development.

娄底市人民政府应当加强对大熊山国家森林公园规划、建设、保护和管理工作的领导。 Article 4 [Responsibilities of the Municipal Government and its Departments] The Loudi Municipal People's Government shall strengthen its leadership over the planning, construction, protection and management of the Big Bear Mountain National Forest Park.

The Loudi Municipal People's Government's natural resources and planning, forestry, ecological environment, housing and urban and rural construction (civil defense) and other departments shall do a good job of the relevant supervision and management and guidance of the Big Bear Mountain National Forest Park.

新化县人民政府负责组织实施本条例,将大熊山国家森林公园的保护管理工作纳入国民经济和社会发展规划,建立工作考核机制,保护经费列入财政预算。 Article 5 [Responsibilities of Xinhua County Government and its Departments, Adjacent Townships, Villages (Residents) Committees] Xinhua County People's Government is responsible for organizing the implementation of these Regulations and incorporating the protection and management of the Big Bear Mountain National Forest Park into the national economy and social development Planning, establishment of work appraisal mechanisms, and protection funds included in the fiscal budget.

The departments of natural resources, forestry, housing, urban and rural construction of the People's Government of Xinhua County shall, in accordance with their respective responsibilities, work together to protect and manage the Big Bear Mountain National Forest Park.

The township people's governments, residents' committees, villagers' committees and residents' committees adjacent to the Big Bear Mountain National Forest Park shall assist in the related work of protecting the Big Bear Mountain National Forest Park.

大熊山国家森林公园管理机构具体负责公园的规划、建设、保护和管理工作。 Article 6 [Responsibilities of Management Institutions] The management organization of the Big Bear Mountain National Forest Park is specifically responsible for the planning, construction, protection and management of the park. Its main responsibilities are:

(1) Publicize and implement national laws and regulations on forest park protection and management;

(2) Organizing and participating in the preparation, revision and implementation of the general plan, special plan and detailed plan of the Big Bear Mountain National Forest Park;

(3) Establishing and improving a forest park management system;

(4) Organizing investigation, evaluation, and registration of natural and human resources in the forest park;

(5) Responsible for the construction, management and maintenance of public infrastructure in the forest park;

(6) Responsible for the development of tourism, market order, tourism safety and environmental sanitation in forest parks;

(7) Carry out work on forest fire prevention, insect control, destruction prevention and species protection;

(8) Supervise and manage construction projects and related activities in the forest park;

(9) Dealing with illegal acts in forest parks according to law;

(10) Other duties that should be performed according to law.

新化县人民政府应当加强对大熊山国家森林公园执法的监督和管理。 Article 7 [Enforcement Mechanism] The People's Government of Xinhua County shall strengthen the supervision and management of law enforcement in the Big Bear Mountain National Forest Park.

Regarding matters authorized by these regulations to the Big Bear Mountain National Forest Park Management Agency to implement administrative punishment, the Forest Park Management Agency shall perform its duties in accordance with law.

For matters not authorized by the regulations in the Big Bear Mountain National Forest Park Management Agency to implement administrative penalties, the relevant departments of the people's government of Loudi City and Xinhua County may entrust the forest park management agency to implement administrative punishment within their legal authority.

Regarding matters not authorized by these regulations, and the relevant departments of the People's Government of Loudi City and Xinhua County have not entrusted the Big Bear Mountain National Forest Park Management Agency with administrative penalties, the Forest Park Management Agency shall discourage and notify the relevant departments to deal with it when it discovers relevant illegal acts. Relevant departments shall promptly handle and notify the forest park management agency of the results of the processing in writing.

对因建设、保护和管理大熊山国家森林公园受到损失的单位或者个人,应当依法给予补偿。 Article 8 [Compensation Mechanism] Units or individuals who have suffered losses due to the construction, protection and management of the Big Bear Mountain National Forest Park shall be compensated in accordance with law. The specific compensation measures shall be formulated by the People's Government of Xinhua County.

任何单位和个人都有保护大熊山国家森林公园自然和人文资源的义务,并有权劝阻、检举破坏森林公园自然和人文资源的行为。 Article 9 [Public Participation] Any unit or individual has the obligation to protect the natural and human resources of the Big Bear Mountain National Forest Park, and has the right to dissuade and report on acts that damage the natural and human resources of the forest park.

The units and individuals that have made outstanding achievements in the protection and management of the Big Bear Mountain National Forest Park shall be commended and rewarded by the relevant government and department.

Chapter II Planning and Construction

大熊山国家森林公园总体规划的编制应当以国家生态环境保护规划和新化县国土空间规划为依据。 Article 10 [Planning and Linking Up ] The compilation of the overall plan for the Big Bear Mountain National Forest Park shall be based on the national ecological environment protection plan and the land and space plan of Xinhua County.

The detailed planning of Big Bear Mountain National Forest Park shall meet the requirements of the overall planning. Other special plans should be linked with the overall plan.

经批准的大熊山国家森林公园总体规划、专项规划和详细规划应当向社会公布,未经法定程序不得修改或者变更。 Article 11 [Public Announcement, Modification, or Change] The approved overall plan, special plan and detailed plan of the Big Bear Mountain National Forest Park shall be announced to the public, and may not be amended or changed without legal procedures.

大熊山国家森林公园应当按照生态功能和资源保护目标,科学划定核心保护区、生态保育区、观光游憩区和管理服务区。 Article 12 [Functional Division] The Big Bear Mountain National Forest Park shall scientifically delineate core protection areas, ecological conservation areas, tourism and recreation areas, and management service areas in accordance with ecological functions and resource protection goals. The scope of each functional area is determined according to the overall plan of the forest park, and the specific boundary is clarified by the logo set by the forest park management agency and announced to the society.

The People's Government of Xinhua County can set up the outer protection area of the Big Bear Mountain National Forest Park according to needs, plan and manage the buildings and structures in the outer protection area according to law, and promote the protection of resources and tourism development in the forest park and its surroundings.

大熊山国家森林公园核心保护区是公园核心资源集中分布、生态环境脆弱区域,应当采取封禁和自然恢复的方式保护和发展森林资源,除允许建设必要的旅游步道和安全防护设施外,禁止任何建设活动。 Article 13 [Functional Zone Construction Activities] The core protection area of the Big Bear Mountain National Forest Park is a region where the core resources of the park are concentratedly distributed and the ecological environment is fragile. The forest resources should be protected and developed by means of bans and natural restoration. No construction activities are allowed outside the trails and safety protection facilities.

The ecological conservation area is a park forest and ecological resource conservation area. In addition to permitting the construction of necessary tourism infrastructure and security protection facilities, the construction, reconstruction, and expansion of hotels, guest houses, resorts, sanatoriums, and residential houses are prohibited.

Sightseeing and recreation areas are parks for sightseeing, recreation, leisure, and wellness. Except for the construction of necessary infrastructure for sightseeing, recreation, and leisure, it is forbidden to build, rebuild, or expand residential houses.

The management service area is an area for park management services and concentrated resettlement of residents. It should be unified in planning, strictly regulate and manage construction activities, and prohibit unauthorized construction.

除本条例第十三条规定的禁止建设活动外,大熊山国家森林公园内还禁止从事以下建设活动: Article 14 [Prohibited Construction Activities in Parks] In addition to the prohibited construction activities specified in Article 13 of these regulations, the Big Bear Mountain National Forest Park is also prohibited from engaging in the following construction activities:

(1) factories, real estate, garbage disposal sites, and projects such as photovoltaics, wind power, and hydropower;

(2) building buildings and structures within the scope of river management;

(3) golf courses and private clubs;

(4) Livestock and poultry farms and breeding areas;

(5) Other construction activities that damage the ecological environment.

If it has been completed, it shall be transformed or moved out in accordance with relevant laws, regulations and policies.

在大熊山国家森林公园内从事本条例第十三条、第十四条规定禁止事项以外的建设活动,应当符合森林公园的规划要求,在书面征求森林公园管理机构意见后,报有关部门审批。 Article 15 [Approval and Requirements for Construction Activities] Construction activities other than those prohibited by Articles 13 and 14 of the Regulations in the Big Bear Mountain National Forest Park shall meet the planning requirements of the forest park, and the forest shall be solicited in writing. The opinions of the park management agency shall be reported to the relevant departments for approval.

The location, layout, shape, volume, height, style, and color of buildings, structures and other facilities approved for construction shall meet the planning requirements of the Big Bear Mountain National Forest Park.

Subjects responsible for construction and construction that have been approved for construction activities shall formulate pollution prevention and soil and water conservation plans, implement them in strict accordance with the plan, protect surrounding scenery, water bodies, forest and grass vegetation, wild animal resources, and landforms, and design and construct At the same time, use the supporting environmental protection facilities and fire prevention facilities. After the construction activities are over, the site should be cleared in time to restore the original environment.

Chapter III Protection and Management

在大熊山国家森林公园内禁止从事下列行为: Article 16 [General Prohibited Acts] The following acts are prohibited in Big Bear Mountain National Forest Park:

、采土、探矿和采矿等破坏景观、植被和地形地貌; (1) Deforestation and reclamation, quarrying, sand mining , soil mining, prospecting and mining, etc. destroy the landscape, vegetation and landforms;

(2) incineration of asphalt, linoleum, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odorous gases;

(3) destroying, harvesting or transplanting old and famous trees and rare plants without authorization;

(4) hunting, hurting wild animals or destroying the breeding grounds of wild animals;

(5) Surrounding, filling, blocking and intercepting natural water systems, and changing the state of natural water systems;

(6) delineate and deface trees, rocks, buildings, structures and cultural relics and historic sites;

(7) Dumping, stacking, discarding, leaving rubbish, earth, stones and other wastes in non-designated places;

(8) Entering unopened areas without authorization to carry out dangerous activities such as field exploration and rock climbing;

(9) Lighting Kongming lamps, smoking and using open flames in the no-fire zone, camping in non-designated areas, lighting fires, burning incense, and setting off fireworks;

(10) Damage, unauthorized movement of boundary stakes or other boundaries, and warning signs;

(11) Cutting firewood, free-range livestock and poultry, harvesting flowers and trees, and digging tree roots (douches), bamboo shoots, medicinal materials and other wild plants without authorization;

(12) establishing billboards without authorization;

(13) Spitting or drowning everywhere;

(14) Other acts prohibited by laws and regulations.

大熊山国家森林公园内禁止采伐林木。 Article 17 [Protection of Forest Resources] Forest logging is prohibited in Big Bear Mountain National Forest Park. If it is really necessary to harvest due to forest phase transformation or tending and renewal, the opinions of the forest park management agency shall be sought and reported to the relevant departments for approval.

娄底市人民政府生态环境主管部门、新化县人民政府水行政主管部门和大熊山国家森林公园管理机构应当严格保护森林公园内的水资源水环境,对高峰湖、春姬峡、蚩尤谷、川岩江、马家冲等水体水景应当重点保护。 Article 18 [Water Resources Protection] The ecological environment department of the Loudi Municipal People's Government, the water administrative department of the Xinhua County People's Government, and the Big Bear Mountain National Forest Park Management Organization shall strictly protect the water resources and water environment in the forest park. Water features such as Chunji Gorge, Chiyou Valley, Chuanyan River, and Majiachong should be protected.

Except for the residents' living, farmland irrigation and emergency relief, those who develop and use water resources in forest parks must not affect the landscape water needs of forest parks.

大熊山国家森林公园内生产生活产生的垃圾、污水和油烟,应当按照国家或者地方标准进行有效处置。 Article 19 [Disposal of Pollutants] Garbage, sewage and oil fume produced during production and living in the Big Bear Mountain National Forest Park shall be effectively disposed of in accordance with national or local standards.

大熊山国家森林公园管理机构应当采取以下措施加强森林防护管理: Article 20 [Forest Protection Management] The management organization of Big Bear Mountain National Forest Park shall take the following measures to strengthen forest protection management:

(1) Urge all grassroots units in forest areas to conclude forest protection conventions, delineate forest protection responsibility zones, and provide full-time or part-time forest guards;

(2) conducting quarantine on forest tree seedlings to prevent and control forest diseases and insect pests;

(3) Establish a forest park fire prevention system, improve fire prevention facilities, and implement fire prevention responsibilities.

大熊山国家森林公园管理机构应当根据环境承载能力合理确定游客容量。 Article 21 [Park Scenic Area Safety Management] The Big Bear Mountain National Forest Park management agency shall reasonably determine the tourist capacity based on the environmental carrying capacity. Strengthen the management of geological disasters, medical assistance and vehicle traffic in the park, formulate emergency management plans, and protect the lives and property of residents and tourists.

大熊山国家森林公园管理机构应当设置服务设施、旅游导向和安全警示等必备标识。 Article 22 [Sign and Information Service Management] The management organization of Big Bear Mountain National Forest Park shall set up necessary signs such as service facilities, tourism guidance and safety warnings. Strengthen the construction and management of park service information platforms, and timely release related information on forest park resources, tourist routes, tourist capacity, weather and other related services.

大熊山国家森林公园管理机构应当会同有关部门加强对以下自然和人文资源的保护和管理 Article 23 [Management of Natural and Human Resources] The management organization of Big Bear Mountain National Forest Park shall work with relevant departments to strengthen the protection and management of the following natural and human resources :

(1) conducting general surveys, monitoring and evaluation of animal and plant resources in forest parks, establishing archives and setting protection signs;

进行 普查并建立档案,划定保护范围,设立保护标志 (2) Conduct a general survey of ancient temples, ancient tomb towers, inscriptions, stone carvings and other cultural relics and historic sites in the forest park, establish archives, delimit the scope of protection, and set up protection signs .

The forest park management institution shall implement key protection of characteristic resources such as the original secondary forest, Chiyou House, Shili Cuckoo, ancient ginkgo trees, Xiongshan ancient temple, and ancient tomb tower.

任何单位和个人不得引进、投放可能破坏大熊山国家森林公园生态系统的外来物种,不得运输、携带有病虫害或者有污染的动植物及其包装材料进入森林公园;确需引入外来物种的,森林公园管理机构应当在引入前充分论证,并在引入后建立观察期制度 观察期不得低于五年。 Article 24 [Administration of Alien Species] No unit or individual may introduce or release alien species that may damage the ecosystem of the Big Bear Mountain National Forest Park, and shall not transport or carry diseased or contaminated animals and plants and their packaging materials into the forest park ; If it is really necessary to introduce alien species, the forest park management agency shall fully demonstrate it before the introduction, and establish an observation period system after the introduction , the observation period shall not be less than five years.

大熊山国家森林公园管理机构应当对森林公园内的商业经营场所进行统一规划和建设,并加强日常监督管理。 Article 25 [Management of Operational Activities] The management organization of the Big Bear Mountain National Forest Park shall carry out unified planning and construction of commercial operation sites in the forest park, and strengthen daily supervision and management.

It is forbidden to set up booths or sell items without authorization.

鼓励利用大熊山国家森林公园的气候条件和优势生态资源,发展生态农林产品。 Article 26 [Development and management of ecological agriculture and forestry industries] Encourage the use of the climatic conditions and advantageous ecological resources of the Big Bear Mountain National Forest Park to develop ecological agriculture and forestry products. The management organization of Big Bear Mountain National Forest Park shall strengthen the supervision and management of ecological agriculture and forestry industry development projects.

The approved ecological agriculture and forestry industrial projects shall meet the planning requirements of the Big Bear Mountain National Forest Park, shall not destroy the terrain and landscape of the forest park, and shall not affect the tourism quality of the forest park.

大熊山国家森林公园管理机构应当加强公墓建设和墓葬管理。 Article 27 [Tomb Management] The Big Bear Mountain National Forest Park management agency shall strengthen cemetery construction and tomb management.

The construction of graves outside the cemetery area in the forest park is prohibited. If it is completed, the grave within the sight line of the tourist route shall be moved or buried deep, leaving no grave head.

大熊山国家森林公园核心保护区和生态保育区内的居民应当迁出,观光游憩区内的居民应当逐步迁出。 Article 28. [Residents' Relocation and Resettlement Management] Residents in the core protection area and ecological conservation area of the Big Bear Mountain National Forest Park shall move out, and residents in the sightseeing and recreation area shall gradually move out.

Residents of forest parks relocated should be properly resettled and supported in terms of livelihood security such as employment, medical care, education, and retirement.

大熊山国家森林公园内的单位、居民、经营者和游客应当遵守森林公园的各项管理规定,自觉保护森林公园的自然和人文资源,爱护公共设施。 Article 29 [Visitor Management] The units, residents, operators and tourists in the Big Bear Mountain National Forest Park shall abide by the management regulations of the forest park, consciously protect the natural and human resources of the forest park, and take care of public facilities. Private visitors are prohibited from entering the scenic area.

Chapter IV Legal Liability

违反本条例第十三条、第十四条第一项、第二项、第三项规定,未经审批,擅自在公园内进行建设,或者建设禁止事项的,由新化县人民政府林业主管部门责令改正,有违法所得的没收违法所得;造成森林风景资源破坏的,限期进行生态修复,并处生态修复所需费用 倍以上五倍以下的罚款。 Article 30 [Responsibility for illegal construction] Those who violate the provisions of Articles 13 and 14 of the first, second, and third articles of the Regulations and carry out construction in parks without approval or construction prohibited items , The forestry department of the People's Government of Xinhua County ordered the correction, and the illegal income was confiscated; if it caused damage to forest landscape resources, ecological restoration was carried out within a time limit, and a fine of more than two to five times the cost of ecological restoration was imposed.

In violation of Article 14, Item 4 of these regulations, in the construction of livestock and poultry farms and breeding communities in the Big Bear Mountain National Forest Park, the competent department of ecology and environment of the Loudi Municipal People's Government shall order the suspension of illegal acts; A fine of 30,000 yuan up to 100,000 yuan shall be imposed, and the people's government of Xinhua County shall order it to be demolished or closed.

违反本条例第十六条有关规定的,由相关部门分别实施下列处罚: Article 31 [Responsibility for general illegal acts] Violations of the relevant provisions of Article 16 of these regulations shall be punished by relevant departments respectively:

倍以上五倍以下的罚款。 (1) Deforestation and reclamation, quarrying, sand mining, soil extraction, mining and other damage to the landscape, vegetation and landforms shall be ordered by the forestry department of the People's Government of Xinhua County to make corrections. If the resources are damaged, ecological restoration shall be carried out within a time limit, and a fine of more than twice or less than five times the cost of ecological restoration shall be imposed.

千元以下的罚款。 (2) For the burning of asphalt, linoleum, rubber, plastics, leather, garbage, and other substances that generate toxic and harmful smoke and odorous gases, the department of ecology and environment of the Loudi Municipal People's Government shall order corrections and impose 10,000 yuan or more on the unit The following fines are fined from 500 yuan to 2,000 yuan.

(3) Where ancient trees, famous trees and rare plants are damaged, harvested or transplanted without authorization, the forestry department of the People's Government of Xinhua County shall confiscate them, and impose a fine of five times to ten times the value of ancient trees and rare plants; Anyone who commits a crime shall be investigated for criminal responsibility according to law.

没有猎获物的,处 千元以上一万元以下的罚款 (4) In case of hunting or hurting wild animals, the forestry department of the People's Government of Xinhua County shall confiscate the hunted animals, hunting tools and illegal gains, and impose a fine of one to five times the value of the hunted animals ; In the case of fines, a fine ranging from 2,000 yuan to 10,000 yuan shall be imposed . 倍以上五倍以下的罚款。 Anyone who destroys the place where wild animals live and thrive shall be ordered to carry out ecological restoration within a time limit and be fined more than twice or less than five times the cost required for ecological restoration .

倍以上五倍以下的罚款。 (5) Anyone who surrounds, fills, blocks, or intercepts the natural water system without authorization and changes the state of the natural water system shall be ordered to correct by the forestry department of the People's Government of Xinhua County; if it causes damage to the forest landscape resources, ecological restoration shall be carried out within a time limit and shall be required for ecological restoration The penalty is more than twice the cost and less than the five-fold penalty.

(6) If trees, rocks, buildings, or structures are delineated or defaced, the forestry department of the People's Government of Xinhua County or the Big Bear Mountain National Forest Park Management Agency entrusted by the department shall order corrections; those who refuse to make corrections shall be charged 100 yuan A fine of more than 500 yuan and less; if a loss is caused, the loss shall be compensated according to law. If the cultural relics and historic sites in the park are not severely delineated or defaced, the public security organ of the People's Government of Xinhua County or the unit where the cultural relics are given a warning may impose a fine; if the cultural relics are lost or damaged, they shall bear civil liability according to law . Anyone who constitutes a violation of law and order administration shall be punished by the public security organ of the People's Government of Xinhua County; if a crime is constituted, criminal responsibility shall be investigated according to law.

(7) Dumping, stacking, discarding, strewing rubbish, earth, stones and other wastes in non-designated places shall be ordered by the forestry department of the People's Government of Xinhua County or entrusted by the Big Bear Mountain National Forest Park Management Agency to make corrections; , A fine ranging from one hundred yuan to five hundred yuan shall be imposed; if the loss is caused, the loss shall be compensated according to law.

改正;拒不改正的,处一百元以上五百元以下的罚款;造成自身伤害的,行为人自己承担责任;造成公园损失的,依法赔偿损失。 (8) Anyone who enters an unopened area to carry out dangerous activities such as field exploration and rock climbing without authorization shall be ordered to make corrections by the forestry department of the People's Government of Xinhua County or commissioned by the Big Bear Mountain National Forest Park Management Agency ; A fine of more than 100 yuan but less than 500 yuan; the actor shall bear the responsibility for causing his own harm; if the park is causing losses, the losses shall be compensated according to law.

燃放孔明灯、吸烟和使用明火的,或者在非指定区域生火烧烤、焚烧香烛、燃放烟花爆竹的,由新化县人民政府林业主管部门或者由其委托大熊山国家森林公园管理机构责令改正;造成森林风景资源破坏的,限期进行生态修复,并处生态修复所需费用 倍以上五倍以下的罚款。 (9) Those who emit Kong Ming lamps, smoke and use open flames in the restricted fire zone , or grill, burn incense, or set off fireworks in non-designated areas shall be entrusted by the forestry department of the People's Government of Xinhua County or commissioned by the Big Bear Mountain National Forest The park management agency orders corrections; if the forest landscape resources are damaged, ecological restoration will be carried out within a time limit, and a fine of two to five times the cost of ecological restoration will be imposed. Campers in non-designated areas shall be ordered to make corrections by the Big Bear Mountain National Forest Park Management Agency; those who refuse to make corrections shall be fined between 100 and 500 yuan.

(10) If the boundary stakes or other borders or warning signs are damaged or moved without authorization, the Big Bear Mountain National Forest Park Administration shall order corrections; those who refuse to make corrections shall be fined from 100 yuan to 500 yuan; if the losses are caused, compensation shall be made according to law loss.

散养畜禽的,由大熊山国家森林公园管理机构责令改正;拒不改正的,处一百元以上五百元以下的罚款。 (11) Those who cut firewood and free- range livestock and poultry shall be ordered to make corrections by the Big Bear Mountain National Forest Park Management Agency; if they fail to make corrections, they shall be fined between 100 and 500 yuan. If you choose to fold flowers, trees, or trees, and excavate wild plants such as tree roots, bamboo shoots, and medicinal materials without authorization, the forestry department of the People's Government of Xinhua County or the Big Bear Mountain National Forest Park Management Agency entrusted by them should make corrections; , A fine ranging from one hundred yuan to five hundred yuan shall be imposed; if the loss is caused, the loss shall be compensated according to law.

(12) If the billboard is set up without authorization, it shall be ordered to be dismantled by the Big Bear Mountain National Forest Park Management Agency; if it is refused to be dismantled, it shall be dismantled in accordance with the law and a fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed.

(13) Whoever spit or urinates shall be ordered to make corrections by the Big Bear Mountain National Forest Park Management Agency; those who refuse to make corrections shall be fined between 100 and 500 yuan.

违反本条例第十七条规定,盗伐森林公园林木的,依法赔偿损失;由新化县人民政府林业主管部门责令补种盗伐株数十倍的树木,没收盗伐的林木或者变卖所得,并处盗伐林木价值三倍以上十倍以下的罚款。 Article 32 [Responsibility for illegal logging of trees] In violation of Article 17 of these regulations, anyone who illegally cuts forest trees in a forest park shall be compensated for the losses in accordance with the law; Trees, confiscation of illegally harvested forests or sale proceeds, and fines of three to ten times the value of illegally harvested forests.

倍以上五倍以下的罚款。 For the excessive deforestation of forest trees in the forest park, the forestry department of the People's Government of Xinhua County ordered the replanting of five times the number of deforested trees and imposed a fine of two to five times the value of the deforestation .

If the refusal to replant trees or the replantation does not meet the relevant state regulations, the forestry department of the People's Government of Xinhua County will replant the crops on behalf of them, and the required expenses shall be paid by the offender.

Unlawful logging and indiscriminate logging of forest parks that constitute a crime shall be investigated for criminal responsibility in accordance with law.

违反本条例第十九条规定,未经净化超标准排放油烟的,由娄底市人民政府生态环境主管部门责令限期改正,并处五千元以上五万元以下的罚款;拒不改正的,责令停业整治。 Article 33 [Responsibility for illegal sewage discharge] In violation of Article 19 of these regulations, those who discharge oil fume without purification beyond the standard shall be ordered to make corrections within a time limit by the Loudi Municipal People's Government's ecological environment department, and shall be imposed at least 5,000 yuan and 50,000 yuan The following fines; those who refuse to make corrections shall be ordered to suspend business for rectification.

违反本条例第二十四条规定,引进、投放可能造成森林公园生态环境破坏的外来物种的和运输、携带有病虫害或者有污染的动植物及其包装材料进入森林公园的,由娄底市人民政府生态环境主管部门责令改正,没收外来物种及其产品和违法所得,并处违法所得一倍以上三倍以下的罚款;没有违法所得或者违法所得不足一万元的,处一万元以上五万元以下的罚款;造成损失的,依法承担赔偿责任;构成犯罪的,依法追究刑事责任。 Article 34 [Responsibility for illegal introduction of alien species] In violation of Article 24 of these regulations, the introduction and release of alien species that may cause damage to the ecological environment of the forest park and the transportation, carrying of pests and diseases or polluted animals and plants, and If the packaging material enters the forest park, the competent department of ecology and environment of the Loudi Municipal People's Government shall order correction, confiscate alien species and their products, and illegal income, and impose a fine of more than one or three times the illegal income; no illegal income or less than one illegal income If the amount is 10,000 yuan, a fine ranging from 10,000 yuan to 50,000 yuan shall be imposed; if it causes losses, it shall be liable for compensation according to law; if it constitutes a crime, criminal liability shall be investigated according to law.

违反本条例第二十五条规定,未在指定场所摆摊设点、兜售物品的,由大熊山国家森林公园管理机构没收经营物品,并处一百元以上五百元以下的罚款。 Article 35 [Illegal Business Responsibility] In violation of Article 25 of these regulations, if the company does not set up a stall or sell items in a designated place, the management organization of the Big Bear Mountain National Forest Park will confiscate the business items and impose a one hundred yuan A fine of more than 500 yuan.

违反本条例第二十六条规定,从事破坏地形地貌、影响公园旅游品质的生态农林产业开发活动的,由新化县人民政府林业主管部门责令改正,有违法所得的没收违法所得;造成森林风景资源破坏的,限期进行生态修复,并处生态修复所需费用 两倍 以上五倍以下的罚款。 Article 36 [Responsibility for illegally developing ecological agriculture and forestry industries] In violation of Article 26 of these regulations, engaging in ecological agriculture and forestry industry development activities that destroy the terrain and landscape and affect the quality of park tourism, shall be ordered by the forestry department of the People's Government of Xinhua County Correction, the illegal income is confiscated; if it causes damage to forest landscape resources, ecological restoration shall be carried out within a time limit, and a fine of not less than two to five times the cost of ecological restoration shall be imposed.

违反本条例第二十七条规定,违法建造坟墓的,由新化县人民政府林业主管部门责令改正;造成森林风景资源破坏的,限期进行生态修复,并处生态修复所需费用 两倍 以上五倍以下的罚款。 Article 37 [Responsibility for illegal tombs] In violation of Article 27 of these regulations, tombs are built illegally, the forestry department of the People's Government of Xinhua County shall order corrections; if forest scenery resources are damaged, ecological restoration shall be carried out within a time limit, and A fine of two to five times the cost of ecological restoration will be imposed.

本条例未规定处罚的违法行为,法律法规有规定的,从其规定。 Article 38 [Linking Responsibilities] Where there are provisions in laws and regulations that do not provide for penalties for violations in these Regulations, those provisions shall prevail.

国家机关及其工作人员在大熊山国家森林公园的保护和管理工作中,违反本条例规定,有下列情形之一的,对直接负责的主管人员和其他责任人员依法给予政务处分;构成犯罪的,依法追究刑事责任: Article 39 [Administrative Disciplinary Action] In the protection and management of the Big Bear Mountain National Forest Park, state agencies and their staff violate the provisions of these regulations in one of the following situations, and the person in charge and other responsible personnel shall be directly responsible. Give administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Failure to compile, change, or adjust the overall plan of the Big Bear Mountain National Forest Park in accordance with legal procedures;

(2) failing to fulfill safety management obligations in a timely manner, causing a major safety accident, causing major personnel property damage;

(3) Violation of the planning and construction activities of the Big Bear Mountain National Forest Park;

(4) Failure to stop or organize demolition in time for construction activities that violate the plan of the Big Bear Mountain National Forest Park;

(5) Failure to license, manage, and supervise the franchise project of the Big Bear Mountain National Forest Park in accordance with regulations;

(6) Failing to investigate and punish illegal acts;

(7) Other acts of abusing powers, neglecting duties, and engaging in malpractices for personal gain.

Chapter V Supplementary Provisions

本条例自20 年 月 日起实施。 Article 40 [Effective Time] These Regulations shall become effective on the day of 20th .

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