Measures for the Treatment of Unexpected Harmful Forest Biological Events Promulgation date: 05-23-2005 Effective date: Department: 07-01-2005 Subject: OTHER PROVISIONS STATE FORESTRY ADMINISTRATION Order of the State Forestry Administration (No. 13) The Measures for the Treatment of Unexpected Harmful Forest Biological Events, which were deliberated and adopted at the executive meeting of the State Forestry Administration on May 13, 2005, are hereby promulgated and shall come into force as of July 1, 2005. Director of the State Forestry Administration, Zhou Shengxian May 23, 2005 Measures for the Treatment of Unexpected Harmful Forest Biological Events Article 1 These Measures are formulated pursuant to the Regulation on the Prevention and Control of Forest Diseases and Insect Pests and the Regulation on Plant Quarantine for the purpose of timely treating the unexpected harmful forest biological events, controlling the diffusing and spreading of harmful forest organism and reducing the losses from disasters. Article 2 The term “harmful forest organism” as mentioned in these Measures refers to the harmful organism like diseases, insect pests and weeds that will jeopardize the normal growth of forests, woods and seeds of woods and will result in economic losses. Article 3 The term “unexpected harmful forest biological events” as mentioned in these Measures refers to those eruptive, dangerous and widespread harmful forest biological events, including: (1)the harmful forest organism that will directly jeopardizes the human health; (2)the harmful forest organism that is newly introduced from abroad; (3)the harmful forest quarantine biological epidemic newly occurred; and (4)the harmful forest non-quarantine organism that results in leaf disasters with a whole acreage of more than 10000 hectares or tree branch disasters with a whole acreage of more than 1000 hectares. Article 4 The unexpected harmful forest biological events are divided into class A and class B. A event in which a harmful forest organism directly jeopardizes the human health, or a harmful forest organism is newly introduced from abroad, or a harmful forest quarantine organism occurs for the first time within the scope of a province, autonomous region or municipality directly under the Central Government shall be a class A unexpected harmful forest biological event. An unexpected harmful forest biological event which is not a class A unexpected harmful forest biological event shall be a class B unexpected harmful forest biological event. Article 5 An unexpected harmful forest biological event shall be confirmed by the forestry administrative department of the people’s government of a province, autonomous region or municipality directly under the Central Government. A harmful forest organism that is newly introduced from abroad and a harmful forest quarantine organism that occurs for the first time within the scope of a province, autonomous region or municipality directly under the Central Government shall be appraised by the Harmful Forest Organism Quarantine and Appraisal Center of the State Forestry Administration. Article 6 The State Forestry Administration shall be responsible for organizing, coordinating and guiding the work relating to the treatment of nationwide unexpected harmful forest biological events. The forestry administrative department of the local people’s government at or above the county level shall, under the leadership of the people’s government, be specifically responsible for the work relating to the treatment of unexpected harmful forest biological events within its own jurisdiction. Article 7 The State Forestry Administration shall be responsible for formulating the emergency treatment plans for class A unexpected harmful forest biological events, and the forestry administrative department of the people’s government of a province, autonomous region or municipality directly under the Central Government shall be responsible for formulating the emergency treatment plans for class B unexpected harmful forest biological events. The emergency treatment plans for class A unexpected harmful forest biological events shall mainly include: the commanding system for meeting the emergency and its functions, early-warning and preventive mechanism, responses to the emergency, final-period appraisal and follow-up treatment and safeguarding measures, etc.. Article 8 The forestry administrative department of the people’s government at the county level shall, pursuant to the emergency treatment plans for the unexpected harmful forest biological events, formulate schemes for the implementation of the emergency treatment plans for the unexpected harmful forest biological events of its own jurisdiction. The schemes for the implementation of the emergency treatment plans for the unexpected harmful forest biological events shall mainly include: (1)the commanding organ for meeting the emergency and its staff; (2)the work responsibilities and procedures for meeting the emergency; (3)measures for the control and prevention of harmful forest organism; and (4)material safeguarding for meeting the emergency of harmful forest organism. Article 9 The forestry administrative department of the people’s government at or above the county level shall strengthen the construction of such infrastructure as the laboratory for testing and reporting harmful forest organism, quarantine and inspection laboratory, facilities for eliminating forest, seed and wood pests, warehouses for preserving materials and telecommunication facilities, and do a good job in the work relating to the preservation of relevant materials like medicaments and appliances. Article 10 The forestry administrative department of the people’s government at the county level shall organize the professional and technical training of the emergency treatment staff for treating the unexpected harmful forest biological events, and carry out technical drills so as to improve their skills to meet an emergency. Article 11 The organ for preventing and controlling forest diseases and insect pests and the central monitoring site of the forestry administrative department of the people’s government at or above the county level shall timely investigate into and monitor the harmful forest organism, comprehensively analyze the monitoring data, and put forward prevention and control schemes. The organ for preventing and controlling forest diseases and insect pests and the central monitoring site shall establish monitoring archives for the harmful forest organism, and command the information about the dynamic alteration of the harmful forest organism. The functionaries of township forestry stations and forest rangers shall, pursuant to the requirements of the forestry administrative department of the people’s government at or above the county level, take part in the investigation and monitoring work relating to the harmful forest organism. Article 12 The organ for preventing and controlling forest diseases and insect pests and the central monitoring site shall promptly report to the forestry administrative department of the local people’s government at the county level if it finds any abnormality like a suspected unexpected harmful forest biological event. Any citizen, legal person or other organization that finds any abnormality like a suspected unexpected harmful forest biological event shall inform the forestry administrative department of the people’s government at or above the county level. Article 13 The forestry administrative department of the people’s government at or above the county level shall carry out a timely investigation and verification upon receipt of any report on any abnormality like a suspected unexpected harmful forest biological event or the relevant condition; and shall report to the forestry administrative department of the people’s government at the level of the province, autonomous region or municipality directly under the Central Government level by level and the people’s government at the corresponding level when it thinks it to be an unexpected harmful forest biological event. Article 14 The forestry administrative department of the people’s government of a province, autonomous region or municipality directly under the Central Government shall organize experts and other relevant persons to carry out an investigation and testimony of the condition as reported by the forestry administrative department of the people’s government at the county level, so as to confirm whether the said condition belongs to an unexpected harmful forest biological event. If the said condition is found to be an unexpected harmful forest biological event upon confirmation, the forestry administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall promptly report it to the people’s government of the province, autonomous region or municipality directly under the Central Government and the State Forestry Administration, and circulate the relevant information to the forestry administrative departments of the people’s governments of adjacent provinces, autonomous regions and municipalities directly under the Central Government. The report on an unexpected harmful forest biological event mainly includes the type of harmful organism, the place and time of occurrence, the class, the degree of danger, measures adopted and the relevant pictures and materials. Article 15 The State Forestry Administration shall, pursuant to the calamity reporting system of the State Council, timely report the information on the unexpected harmful forest biological event to the State Council. The information relating to a class A unexpected harmful forest biological event shall be published by the State Forestry Administration. While the information relating to a class B unexpected harmful forest biological event shall be published by the forestry administrative department of the people’s governments of the province, autonomous region and municipality directly under the Central Government. Article 16 The emergency treatment plans for the class A unexpected harmful forest biological events shall be launched and implemented upon approval of the State Forestry Administration. While the emergency treatment plans for the class B unexpected harmful forest biological events shall be launched and implemented upon approval of the forestry administrative department of the people’s government of the province, autonomous region and municipality directly under the Central Government, and be reported to the people’s government of the province, autonomous region and municipality directly under the Central Government and the State Forestry Administration. Article 17 After an emergency treatment plan for the unexpected harmful forest biological events is launched and implemented upon approval, the forestry administrative department of the people’s government at the county level at the place where an event occurs shall launch a corresponding scheme for the implementation the emergency treatment plan, promptly adopt urgent control measures, cut off the diffusing channels and prevent the diffusing and spreading. Article 18 The emergency treatment plans and the schemes for the implementation thereof may not be terminated until the prescribed conditions for the termination are met. Article 19 The forestry administrative department of the people’s government of a province, autonomous region or municipality directly under the Central Government shall, pursuant to the requirements for meeting the emergency of unexpected harmful forest biological events, put forward the schemes for the division of epidemic areas and the plans on the establishment of quarantine and inspection stations, and implement them after they are reported to the people’s government of the province, autonomous region or municipality directly under the Central Government for approval. Article 20 In case a class A unexpected harmful forest biological event occurs, the State Forestry Administration shall organize experts to conduct scientific research, collect the relevant materials and put forward a comprehensive appraisal report; in case a class B unexpected harmful forest biological event occurs, the forestry administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall organize experts to conduct scientific research, collect relevant materials and put forward a comprehensive appraisal report. The forestry administrative department of the people’s government at the county level shall modify and improve its plans for meeting the emergency pursuant to the comprehensive appraisal report. Article 21 For the harmful forest organism that will directly jeopardize human health, the harmful forest organism that are newly introduced from abroad and the harmful forest quarantine organism that are spread between different provinces, autonomous regions and municipalities directly under the Central Government, the State Forestry Administration and the relevant forestry administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall timely organize scientific and research strength to find prevention and control measures, formulate relevant inspection and quarantine technical standards, and determine whether they shall be listed as a harmful forest quarantine organism. Article 22 In case any functionary of a forestry administrative department, an organ for preventing and controlling forest diseases and insect pests or a central monitoring site neglects his duties, illegally serves his relatives or friends, and causes the diffusing and spreading of any harmful forest organism, he shall be subject to administrative sanctions pursuant to the relevant state provisions, and shall be subject to criminal liabilities if his circumstance is serious and a crime is constituted. Article 23 These Measures shall come into force as of July 1, 2005.