Detailed Rules of Shanxi Province for Managing Forest and Wildlife Reserves
No. 18 Order of the People’s Government of Shanxi Province
Article 1 These Detailed Rules are formulated in order to strengthen the management of nature
reserves in accordance with Law of the People’s Republic of China on Protection of Wildlife and
Procedures for Managing Forest and Wildlife Reserves promulgated by the Ministry of Forestry
and approved by the State Council, in light of the actual situation of Shanxi Province.
Article 2 These Detailed Rules apply to the conservation and management of the forest and
wildlife reserves and forest parks (hereinafter collectively referred to as nature reserves) within the
territory of Shanxi Province.
Article 3 Nature reserves are divided into national nature reserves and local nature reserves. Local
nature reserves comprise provincial nature reserves, prefectural (city) nature reserves and county
nature reserves.
The Provincial Government proposes the establishment of a national nature reserve and submits it
for approval pursuant to the provisions as prescribed by national laws and regulations.
The provincial forestry administrative authority proposes the establishment of a provincial nature
reserve and submits it to the Provincial Government for approval and to the Ministry of Forestry
for the record. Subject to prior review and consent of a prefectural (city) or county government
and the provincial forestry administrative authority, a prefectural (city) administrative authority or
a county forestry administrative authority proposes the establishment of a prefectural (city) nature
reserve or a county nature reserve and submits it to the Provincial Government for approval.
Article 4 A forestry administrative authority at the county level proposes the establishment of a
non-felling area and a non-hunting area and, subject to the prior review and consent of the
prefectural (city) forestry administrative authority, submits it to the provincial forestry
administrative authority for approval.
Article 5 The area and boundaries of a nature reserve shall, upon its approval and confirmation, be
defined by boundary markers, to which no entity or individual may, without authorization, make
any change. In case exceptional circumstances necessitate a change, the same must be approved
by the original approving body.
Article 6 All nature reserves adopt a hierarchical management system. National nature reserves
and provincial nature reserves shall be managed by the provincial forestry administrative authority;
prefectural (city) and county nature reserves shall be managed by the forestry administrative
authority at their respective levels.
Article 7 Subject to the approval of the provincial staffing authority, a nature reserve may, as
required by its workload, set up a managing body or employ professional people to manage the
reserve.
The duties of a managing body of a nature reserve are:
(1) to implement relevant laws, regulations, and polices of China and launch publicity and
education program on the protection of natural resources;
(2) to establish an in-house management system for the nature reserve, and conserve and manage
the natural environment and natural resources within the nature reserve;
(3) to coordinate the survey of forest resources and of the distribution and number of major
protected species, and learn the rise and fall of these species;
(4) to conduct scientific investigation and research on vegetation cover, soil, climate, and biology,
and explore the evolutionary patterns of nature and the means to make rational use of forest
resources;
(5) to conduct study and research into the biology of rare and exotic species, be responsible for
the introduction, domestication, conservation and development of rare and exotic species, and
save endangered species; and
(6) to strengthen social synergy and provide services in respect of scientific research, teaching
demonstration and investigative visit.
Article 8 Constructions in a nature reserve must follow a unified plan and design. Unless
authorized by the provincial forestry administrative authority, no entity or individual may establish
any agency and build any facility within a nature reserve.
Article 9 Any entity or individual who wants to enter a national or a provincial nature reserve for
any kind of activities must be approved by the provincial nature reserve administrative authority;
any entity or individual who wants to enter a prefectural (city) or a county nature reserve for any
kind of activities must be approved by a prefectural (city) or a county nature reserve
administrative authority.
Any foreigner intending to conduct any activities in a national nature reserve in Shanxi must be
approved by the Ministry of Forestry; any foreigner intending to conduct any activities in a local
nature reserve must be approved by the provincial nature reserve administrative authority.
Article 10 Hunting, reclaiming wasteland, digging soil, building an open-air fire, quarrying stone,
opening a mine, or performing such activities as having an impact on natural resources and
landscapes and polluting the environment within the boundaries of a nature reserve are prohibited.
Article 11 A nature reserve may be divided into a core zone and an experimental zone. Any person
who intends to conduct observation and research in a core zone or who intends to conduct
scientific researches, teaching demonstrations and investigative visits, and to domesticate and
cultivate exotic and rare fauna and flora in an experimental zone must be approved by a nature
reserve managing body.
Article 12 Subject to approval and uniform arrangement by a nature reserve managing body,
residents living within a nature reserve may, under such a condition as to guarantee that no
damage will be done to natural resources, engage in forestry byproduct production in State-owned
forests located in an experimental zone, and shall pay to the nature reserve managing body
between three and five percent of their earnings as resource conservation fee.
Article 13 No commercial felling shall be allowed in a nature reserve. In case a nature reserve
needs a tending of trees, or an upgrading of secondary forests for scientific purposes in
State-owned forests located in its experimental zone, it must obtain approval from the provincial
nature reserve administrative authority. All earnings derived therefrom shall be deposited into a
special off-budget account, the usage of which shall be put under supervision. In principle,
seventy percent of the earnings shall be used by a nature reserve managing body for the
development and management of the nature reserve; thirty percent of them shall be handed over to
the provincial nature reserve administrative authority to be used for the cause of province-wide
nature conservation.
Article 14 Any entity or individual who intends to tend the collective-owned forests or upgrade
the secondary forests in a nature reserve must, according to relevant provisions prescribed by the
Provincial Government, apply for a tree-felling permit to be issued by the county forestry
administrative authority. A nature reserve shall, pursuant to the design document on the
tree-felling area as defined in a tree-felling permit, provide technical guidance and supervision. A
nature reserve managing body has the right to put a stop to such a felling operation as not in
conformity with the prescribed procedure. Timber must, when shipped out, bear the stamp of a
nature reserve managing body.
Article 15 Non-residents moving into a nature reserve shall be strictly controlled; residents living
in a nature reserve who are desirous of moving out of a nature reserve shall be encouraged.
Article 16 A nature reserve may, as the need arises, apply for the setting up of a public security
station, which shall protect the natural environment, natural resources and State properties, and
maintain public order and security in the nature reserve.
Article 17 A nature reserve managing body shall, subject to approval by the provincial forestry
administrative authority, coordinate and work out a plan for its scientific research projects.
Article 18 A nature reserve managing body shall coordinate and manage all the tourist activities
within the nature reserve. The tourist revenue derived shall be used for its development and
conservation.
Article 19 Any entity or individual engaging such activities as scientific research, teaching
demonstration and investigative visit, cinematic shooting, and mountain hiking in a nature reserve
must pay a conservation fee as prescribed by relevant provisions. The items and standards of the
conservation fee shall be decided by the provincial nature reserve administrative authority in
consultation with the provincial competent departments of price and financial administration.
Article 20 Any individual entering a nature reserve must comply with the following provisions:
(1) He shall bring with himself the entry permit issued by a nature reserve;
(2) He shall conduct such activities in such venues as permitted and not, without authorization,
expand the scope of his activities;
(3) He shall take care and protect the boundary markers erected by a nature reserve and other
scientific research and scientific information and publicity facilities; and
(4) He shall comply with the rules and regulations of a nature reserve and to submit to the
supervision, inspection and guidance of the staff of a nature reserve.
Article 21 Governments or nature reserve administrative authorities at or above the county level
shall appraise or award any person who has done an outstanding job for or made significant
contributions to the cause of nature reserve conservation.
Article 22 A nature reserve administrative authority shall punish any person who violates these
Detailed Rules according to following provisions (All the revenues derived from fines and
forfeitures must be handed over to the Treasury.):
(1) Anyone who poaches any State- and provincial-protected animals, or illegally pulls and
cuts any State- and provincial-protected plants in a nature reserve shall be punished according
to the national laws and regulations;
(2) Anyone who, without authorization, hunts any other wildlife, or mines any other minerals, or
cuts any other plants shall be punished by a fine of between two to three times the value of his
ill-gotten gains, in addition to having his tools and goods confiscated;
(3) Anyone who damages any facilities in a nature reserve shall be punished by a fine, in addition
to paying damages;
(4) Anyone who causes any damage to vegetation cover in a nature reserve shall be liable for
compensatory damages to the extent of the amount needed for the restoration of the vegetation
cover. If causing serious damage to the vegetation cover he shall be punished by an additional
fine;
(5) Anyone who smokes or lights a fire in the open air shall be punished by a fine as prescribed
by the Forest Law of the People’s Republic of China and the Forest Fire Prevention
Regulations; or
(6) Whoever opposes the inspection or obstructs the discharge of duties by any staff in a nature
reserve shall be punished by a fine according to the provisions of Regulations of the People’s
Republic of China on Administrative Penalties for Public Security.
Article 23 Shanxi Forestry Department is responsible for the interpretation of these Detailed
Rules.
Article 24 These Detailed Rules come into effect on the date of their promulgation.