Decree of the People’s Government of Guangdong Province

　　No. 192

　　The Measures of Guangdong Province on the Management of Huidong Sea Turtle National Nature Reserve adopted at the ninth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on August 13, 2013 are hereby promulgated and shall become effective as of December 1, 2013.

　　                       Governor 

Zhu Xiaodan

　　September 3, 2013

　　Measures of Guangdong Province on the Management of Huidong Sea Turtle 

National Nature Reserve

Chapter I General Provisions

Article 1

These Measures are formulated for the purposes of strengthening the construction and management of the Huidong Sea Turtle National Nature Reserve of Guangdong Province, and protecting the rare and endangered sea turtle resources and the ecological environment of their habitat, in accordance with such laws and regulations as the Law of the People’s Republic of China on the Protection of Wildlife and Regulations of the People’s Republic of China on Nature Reserves and in light of the actual situation of this Province.

Article 2

These Measures shall apply to the conservation and management of sea turtles within the Huidong Sea Turtle National Nature Reserve of Guangdong Province (hereinafter referred to as the “Sea Turtle Nature Reserve”).

Article 3

The Sea Turtle Nature Reserve shall follow the principles of scientific planning, strict management and priority protection, and shall pay attention to the conservation of biodiversity, coordination of the landscapes and integrity of the ecosystem.

Article 4

The funds for the Sea Turtle Nature Reserve shall be included into the provincial budget.

The Sea Turtle Nature Reserve may accept the donations from citizens, legal persons and other organizations at home and abroad by law. The donations shall be used for the construction, protection and management of the Reserve.

The Sea Turtle Nature Reserve shall regulate the supervision and management of its use of such funds and shall release the information relating to the use of such funds by law.

Article 5

All units and individuals shall have the obligation to protect the sea turtle and natural resources and ecological environment within the scope of the Sea Turtle Nature Reserve, and shall have the right to report and accuse an act of damaging or encroaching on the natural resources and ecological environment within the Reserve.

Chapter II Protection and Management of the Reserve

Article 6

The management authority established for the Sea Turtle Nature Reserve is responsible for the specific work of the Reserve.

The management authority of Sea Turtle Nature Reserve shall be subject to the competent provincial department of ocean and fishery.

Such departments as those of the ocean and fishery, public security, land and resources, environmental protection, urban and rural planning, transportation, forestry, tourism, and maritime of the people’s government at or above the county level where the Sea Turtle Nature Reserve is located shall assist the management authority of Sea Turtle Nature Reserve, in accordance with their respective functions and duties, to effectively conserve and manage the Reserve.

Article 7

The management authority of the Sea Turtle Nature Reserve shall perform, inter alia, the following functions and duties:

(1) Implementing the relevant national and provincial laws, regulations and rules on nature reserves;

(2) Organizing to formulate and implement the overall planning and the management plan for the Sea Turtle Nature Reserve;

(3) Setting up a management system for the Sea Turtle Nature Reserve, investigating the natural resources and establishing the archives, and exercising a unified management of the natural resources and ecological environment within the Reserve;

(4) Setting up and maintaining protective facilities, landmarks and markers;

(5) Organizing or assisting to carry out the conservation of sea turtles and other biological resources, ecological environment monitoring, scientific research, academic exchanges and cooperation;

(6) Accepting, rescuing and disposing the rare and endangered aquatic wild animals that are injured or ill, stranded or by-caught;

(7) Organizing to carry out visits, ecological tours to, and publicity outreach and education of the Sea Turtle Nature Reserve on condition that such activities will not exert any adverse effect on the natural environment and resources of the Reserve;

(8) Assisting in the supervision and management of the development and utilization of the Sea Turtle Nature Reserve; and

(9) Undertaking other management functions in accordance with law.

Article 8

The use of land and sea areas in the Sea Turtle Nature Reserve shall be in conformity with the overall planning of the Reserve.

Where the land is used for the construction of public facilities such as the management, protection, scientific research and popularization of science and technology in the Sea Turtle Nature Reserve, the management authority of the Sea Turtle Nature Reserve shall apply for the land-use right certificate by law. Where the sea area within the Reserve is included into the sea in the interest of the public, the authority shall also apply for the sea-area-use right certificate by law.

Article 9

The Sea Turtle Nature Reserve is divided into such areas as the core zone, buffer zone, and experimental zone. According to the management requirements, a peripheral protection zone shall be set up in the peripheral sea waters of the Reserve.

The management authority of the Sea Turtle Nature Reserve shall, in accordance with the scope and boundaries of the Reserve and its peripheral protection zone, set up the landmarks, markers and relevant protection facilities. No unit or individual may move or damage such facilities without the authorization.

Article 10

No unit or individual is allowed to enter the core zone of the Sea Turtle Nature Reserve.

Where there is a need to enter such core zone for the purpose of scientific research, observation and investigation, an application form and the activity plan shall be submitted to the management authority of the Sea Turtle Nature Reserve. The content of the application shall include such information as the reasons for entering the core zone, the time and the place, scope of the activities, name list of the participants, personal identification documents and the certificate provided by the unit which is organizing such activity. The activity plan shall include such relevant materials as the activity program, the observation methods, the expected goals, the environmental impact assessment and environmental protection measures to be taken.

Where the application materials are complete, the management authority of the Sea Turtle Nature Reserve shall submit them to the competent provincial ocean and fishery department within five (5) working days, which shall then review such application and activity plan, and make a decision on whether or not to grant the approval within twenty (20) working days. If deciding not to approve the application, the competent provincial department shall make a decision and give the reasons therefor in writing. Where necessary, the competent provincial department shall organize relevant experts to conduct scientific evaluation on the application and activity plan.

Article 11

Where there is a need to enter the buffer zone of the Sea Turtle Nature Reserve for such activities as the scientific research, collection of specimens and teaching practice, the application and the activity plan shall be submitted to the management authority of the Sea Turtle Nature Reserve for approval before the entry into the Reserve.

The units and individuals engaging in the activities mentioned in the preceding paragraph shall submit a copy of the activity results to the management authority of the Sea Turtle Nature Reserve.

Article 12

Where the visits and tourist activities are to be carried out in the experimental zone of the Sea Turtle Nature Reserve, the management authority of the Sea Turtle Nature Reserve shall propose the programs and organize relevant experts to evaluate same. Where the proposal passes the evaluation, the management authority of the Sea Turtle Nature Reserve shall submit it to the competent provincial ocean and fishery department for the review, which shall then make a decision on whether or not to grant the approval within twenty (20) working days. If deciding not to approve the program, the competent provincial department shall make a decision and give the reasons therefor in writing.

Article 13

From May 1 to November 30 each year, it is prohibited to engage in such production and operation activities as setting up the trawls, fixed nets, fences and other activities producing the noise and light which may affect the sea turtles’ spawning and reproduction within the peripheral protection zone of the Sea Turtle Nature Reserve.

Article 14

Thoseunits and individuals who enter the Sea Turtle Nature Reserve with approval shall comply with the following provisions:

(1) To abide by relevant laws, regulations and rules on the Reserve;

(2) To obey the unified management of the Sea Turtle Nature Reserve;

(3) Not to damage the natural resources and ecological environment within the scope of the Sea Turtle Nature Reserve;

(4) Not to engage in the activities that may affect the growth, habitat and breeding of sea turtles; and

(5) Not to hinder the daily management work of the Sea Turtle Nature Reserve.

Article 15

No tree felling, hunting, reclamation, burning, quarrying, dredging, blasting or any other such activity which is likely to damage the Reserve’s ecological environment or destroy the sea turtles’ living habitats is allowed within the scope of the Sea Turtle Nature Reserve.

No fishing operation, electric fishing, explosive fishing or poison fishing is allowed in the Sea Turtle Nature Reserve.

Article 16

No illegal catching, breeding, killing, selling and buying, possessing and utilizing of sea turtles, sea turtle eggs and their products is allowed in the Sea Turtle Nature Reserve and within its peripheral protection zone.

Where there is a need to capture sea turtles for the purpose of scientific research, domestication and reproduction, exhibitions for public welfare or any other special circumstances, relevant formalities shall be undergone in accordance with the provisions of the Law of the People’s Republic of China on the Protection of Wildlife.  

Article 17

Any unit or individual, who has discovered injured sea turtles, stranded sea turtles or those sea turtles trapped by straying entry into the harbor, trawl or fence in the Sea Turtle Nature Reserve or its peripheral protection zone, shall take emergency rescue measures and report the case to the management authority of the Sea Turtles Nature Reserve.

Sea turtles that are accidentally caught in fishing operations shall be released immediately and unconditionally.

Article 18

It is prohibited to construct facilities unrelated to sea turtle protection in the core and buffer zones of the Sea Turtle Nature Reserve, or to build new production facilities that are likely to pollute the environment or destroy the resources or landscape in the experimental zone of the Reserve.

Where the marine engineering projects and coastal engineering projects are to be newly constructed, reconstructed or expanded in the Sea Turtle Nature Reserve and its peripheral protection zone, assessment of the impact on the ecological environment of the habitat, foraging, reproduction and migration of sea turtles shall be carried out and the opinion of The management authority of the Sea Turtle Nature Reserve shall be solicited for.

The newly constructed, reconstructed or expanded marine engineering projects and coastal engineering projects within the Sea Turtle Nature Reserve and its peripheral protection zone shall not damage the environmental quality in the Sea Turtle Nature Reserve. And emission of their pollutants shall be in conformity with the national and provincial emission standards.

Article 19

It is prohibited to dump contaminants, wastes, household garbage and ship ballast water into the Sea Turtle Nature Reserve and its peripheral protection zone, or to engage in the construction of landfills as well as other acts and activities of damaging the ecological environment of the Reserve.

It is prohibited to build new sewage outfalls in the Sea Turtle Nature Reserve and its peripheral protection zone. Where the wastewater emitted from the existing outfalls does not satisfy the standards of national and provincial regulations, the competent environmental protection departments of the people’s government at or above the county level shall order the polluter to make correction within the prescribed period. Where it does not meet the requirements after the correction, the department shall order the polluter to remove or close its business according to law.

Chapter III Legal Liability

Article 20

The management authority of the Sea Turtle Nature Reserve shall order the wrongdoer to rectify or restore to the original state, and shall impose a fine of more than 100 yuan but less than 500 yuan on the individual concerned and/or a fine of more than 1,000 yuan but less than 5,000 yuan on the unit concerned if damage is incurred to the Reserve, if any of the following circumstances occurs:

(1) Unauthorized entry into the Sea Turtle Nature Reserve or refusing to obey the management of the management authority of the Sea Turtle Nature Reserve in the Reserve;

(2) Engaging in such activities as the scientific research, teaching practice, and collection of specimens in the Sea Turtle Nature Reserve without the approval;

(3) Failing to submit a copy of the research results as required to the management authority of the Sea Turtle Nature Reserve; or

(4) Destroying, damaging or moving the landmarks, markers and protection facilities of the Sea Turtle Nature Reserve without the approval.

Provisions of these Measures concerning the prohibition of entry into the Reserve do not apply to the assistance, salvage or act of rescue at sea. However, where the assistance, salvage or act of rescue at sea exceeds the necessary limits during the period of stay and constitutes violation of the provisions of these Measures, such act shall be punished in accordance with these Measures.

Article 21

Where a unit or individual, in violation of Article 13 of these Measures, sets up trawls, fixed nets and fences, or otherwise engages in other such production and operation activity which produces noise and light that may affect the sea turtles’ spawning and reproduction in the peripheral protection zone of the Sea Turtle Nature Reserve, the management authority of the Reserve shall order to stop such illegal acts and shall impose a fine of more than 300 yuan but less than 1,000 yuan on the individual concerned and/or a fine of more than 1,000 yuan but less than 10,000 yuan on the unit concerned.

Article 22

Any unit or individual, in violation of Paragraph 1 of Article 15 and Paragraph 1 of Article 16 of these Regulations, who engages in tree felling, hunting, reclamation, burning, quarrying, dredging, blasting or any other activity within the scope of the Sea Turtle Nature Reserve which is likely to damage the Sea Turtle Nature Reserve’s ecological environment or destroy the sea turtles’ living habitat, or engages in the illegal capture, breeding, killing, sale, possession and utilization of sea turtles, sea turtle eggs and their products within the peripheral protection zone, shall be punished in accordance with the Law of the People’s Republic of China on the Protection of Wildlife, the Regulations of the People’s Republic of China on Nature Reserve and other relevant laws and regulations. 

Any unit or individual, in violation of Paragraph 2 of Article 15 of these Measures, who engages in fishing operations, electric fishing, explosive fishing and poison fishing in the Sea Turtle Nature Reserve, shall be punished in accordance with the Fishery Law of the People’s Republic of China and other relevant laws and regulations

Any unit or individual, in violation of Articles 18 and 19 of these Measures, whose act has led to the pollution of the sea or damage to the ecological environment within the Sea Turtle Nature Reserve and its peripheral protection zone, shall be punished in accordance with the Law of the People’s Republic of China on the Marine Environment Protection, the Rules of Guangdong Province on the Implementation of the Law of the People’s Republic of China on Marine Environment Protection and other relevant laws and regulations.

Article 23

Where the management authority of the Sea Turtle Nature Reserve and its staff, in violation of these Measures, commits any one of the following acts, the competent provincial ocean and fishery department shall order them to make corrections, and the management authority or its superior department shall impose a sanction on the person(s) in charge and other person(s) directly responsible; where the act constitutes a crime, the criminal responsibility shall be investigated according to law:

(1) Allowing other persons to enter into the Sea Turtle Nature Reserve or to conduct activities in the Reserve without the authorization; or

(2) Carrying out the visits to and tourist activities in the Sea Turtle Nature Reserve without the approval.

Chapter IV Supplementary Provisions

Article 24

The four-reach boundaries of the Sea Turtle Nature Reserve mentioned in these Measures refer to the area from 114°52’1’’ to 114°55’33’’ East longitude and from 22°31’00’’ to 22°33’20’’ North latitude; and the northern part is bounded to the ridge line from Pak Hok Chau to the Pit. The function landmarks are as follows:

 (A) Core zone landmarks   

Core 1: 22°32’43’’N, 114°53’02’’E;

Core 2: 22°33’14’’N, 114°53’43’’E;

Core 3: 22°32’01’’N, 114°54’29’’E;

Core 4: 22°31’59’’N, 114°52’51’’E.

 (B) Buffer zone landmarks  

Buffer 1: 22°32’49’’N, 114°52’53’’E;

Buffer 2: 22°33’12’’N, 114°53’53’’E;

Buffer 3: 22°31’36’’N, 114°55’08’’E;

Buffer 4: 22°31’25’’N, 114°52’26’’E.

 (C) Experimental zone landmarks  

Experimental zone 1 (Pak Hok Chau): 22°33’15’’N, 114°52’50’’E;

Experimental zone 2 (the Pit): 22°33’20’’N, 114°54’33’’E;

Experimental zone3: 22°31’17’’N, 114°55’33’’E;

Experimental zone4: 22°31’00’’N, 114°52’10’’E.

Article 25

The peripheral protection zone of the Sea Turtle Nature Reserve mentioned in these Measures refers to the sea area of extending eight nautical miles from the sea turtle protection zone to the sea. The peripheral protection zone landmarks are as follows:

Peripheral protection zone 1: 22°35’13’’N, 114°44’40’’E;

Peripheral protection zone 2: 22°32’16’’N, 114°43’30’’E;

Peripheral protection zone 3: 22°30’21’N, 114°43′33’’E;

Peripheral protection zone 4: 22°26’54’’N, 114°44’56’’E;

Peripheral protection zone 5: 22°23’12’’N, 114°49’47’’E;

Peripheral protection zone 6: 22°23’58’’N, 114°56’35’’E;

Peripheral protection zone 7: 22°24’34’’N, 115°00’42’’E;

Peripheral protection zone 8: 22°29’39’’N, 115°03’59’’E;

Peripheral protection zone 9: 22°34’06’’N, 115°03’33’’E;

Peripheral protection zone 10: 22°38’39’’N, 115°01’07’’E;

Peripheral protection zone 11: 22°40’42’’N, 114°58’12’’E.

Article 26

These Measures shall become effective as of December 1, 2013.