Original Title: Regulations on the Protection of Lake Nebula in Yunnan Province (Adopted at the Thirteenth Meeting of the Standing Committee of the Thirteenth People's Congress of Yunnan Province on September 28, 2019)

Notice of the Standing Committee of the People's Congress of Yunnan Province

[Thirteenth] No. 23

The "Regulations on Lake Nebula in Yunnan Province Protection Regulations have been considered and adopted by the Thirteenth Session of the Standing Committee of the Thirteenth People's Congress of Yunnan Province on September 28, 2019, and are hereby promulgated and shall come into effect on January 1, 2020.

The Standing Committee of the Yunnan Provincial People's Congress?

September 28, 2019?

Chapter I? General Provisions

Article 1? In order to strengthen the protection of Nebula Lake, prevent and control water pollution, improve the ecological environment, promote the construction of ecological civilization and sustainable economic and social development, according to the "Chinese People's *** and State Environmental Protection Law" "Chinese People's *** and State Water Law" "Chinese People's *** and State Water Pollution Prevention and Control Law" and other laws and regulations, in conjunction with the actual situation, to formulate the regulations.

The second article? Units and individuals related to the protection and management activities of Nebula Lake shall abide by these regulations.

Article 3? The protection of Lake Nebula adheres to the principles of protection priority, scientific planning, unified management, comprehensive prevention and control, rational utilization and green development.

Article 4? The highest operating water level of Nebula Lake is 1723.35 meters (1985 national elevation benchmark, the same below), the lowest operating water level is 1721.65 meters.

Lake Nebula water quality to "surface water environmental quality standards" (GB3838-2002, the same hereinafter) Ⅲ for the protection of standards, scientific management, improve, improve the existing water quality. The implementation of ecological water replenishment project of Nebula Lake, its water quality should reach the national standard of Ⅲ water or above.

Article 5? Nebula Lake protection range in accordance with the function and protection requirements, divided into primary protection area and secondary protection area.

The primary protection area is the range within 100 meters of the water area of Nebula Lake and the highest operating water level of Nebula Lake extending horizontally outward along the surface; the secondary protection area is the range of the runoff area beyond the primary protection area.

The specific scope of the first and second level of protection by the people's government of Yuxi city delineated and announced. The primary protection area shall be set up with boundary stakes and obvious signs.

Article 6? Nebula Lake protection to implement the river (lake) chief system. The setup, duties and working mechanism of the river (lake) chief shall be implemented in accordance with the relevant provisions of the state and province.

Article 7? Provincial people's government, yuxi city people's government, jiangchuan district people's government shall incorporate the protection of nebula lake into the national economy and social development planning, the protection of funds included in the financial budget at this level, increase financial transfers, the establishment of long-term and stable protection of the inputs and ecological protection compensation, ecological water replenishment mechanism.

The collection of water resource fee, fishery resources augmentation protection fee in accordance with relevant regulations for the protection of Lake Nebula.

Article 8? Any unit and individual have the obligation to protect the Nebula Lake, have the right to stop and report the pollution of the lake, damage to the ecological environment and other illegal acts.

Provincial People's Government, Yuxi Municipal People's Government, Jiangchuan District People's Government shall establish incentive mechanism for the protection of Lake Nebula, encourage grass-roots organizations, social groups, enterprises and institutions and other social forces to participate in the protection of the lake, and give play to the supervisory role of the news media and society.

Chapter II? Management organization and responsibility

Article 9? The provincial people's government coordinates and leads the protection work of Lake Nebula, coordinates and deals with the major problems concerning the protection of Lake Nebula, and strengthens the supervision and inspection.

Article 10? Yuxi Municipal People's Government on the implementation of unified protection and management of Lake Nebula, to perform the following duties:

(1) the establishment of Lake Nebula protection and governance of long-term mechanism, the implementation of the river (lake) long system, organization and leadership of the protection of water resources, water pollution prevention and control, water environment management and other work;

(2) approval of the Lake Nebula protection and development and utilization of the master plan;

(3) guidance, supervision, relevant Administrative departments and Jiangchuan District People's Government to perform the protection and management of Lake Nebula responsibilities;

(4) responsible for the scheduling of the water resources of Lake Nebula;

(5) Provincial People's Government stipulates other duties.

Article 11? Yuxi municipal people's government lake management agency to perform the following duties:

(1) publicize, implement the relevant laws and regulations and this regulation, is responsible for guiding the people's government of Jiangchuan district lake management agency of the operational work;

(2) is responsible for the protection and management of the first level of protection area of Nebula Lake, formulate the protection and management measures, reported to the people's government of Yuxi city for approval and then implement;

(3) (3) ) in accordance with the scope and authority approved by law, in the first level of protection zone relatively centralized exercise of ecological environmental protection, water policy, fisheries and other parts of the administrative punishment power;

(4) review of Nebula Lake protection and development and utilization of the master plan, and supervision of the implementation of the plan;

(5) with the people's government of Jiangchuan District, the protection of Nebula Lake;

(6) Yuxi city People's Government of Yuxi City other duties.

Article 12? Jiangchuan District People's Government is responsible for the protection and management of Lake Nebula, to perform the following duties:

(1) to promote the coordinated development of ecological protection and economic and social development within the scope of protection of Lake Nebula;

(2) to prepare a master plan for the protection and development and utilization of Lake Nebula, and to report to the People's Government of Yuxi for approval after the organization of the implementation of the Lake;

(3) to supervise the relevant administrative departments, townships (townships) within the scope of protection of Lake Nebula. Lake protection within the scope of the township (town) people's government, the street office to perform the protection and management of Lake Nebula;

(4) to assist the people's government of Yuxi city lake management agencies in the first level of protection of Lake Nebula to carry out administrative law enforcement work;

(5) the people's government of Yuxi city other duties.

Article 13? Jiangchuan district people's government lake management agency to perform the following duties:

(1) publicize and implement the relevant laws and regulations and this regulation;

(2) be responsible for the day-to-day supervision and management of the secondary protection area of Lake Nebula;

(3) assist the people's government of Yuxi city lake management agency to carry out the work of administrative law enforcement in the first level of protection area of Lake Nebula;

(4) Supervise the implementation of the protection and management project of Nebula Lake;

(e) other matters assigned by the lake management agency of Yuxi Municipal People's Government and the People's Government of Jiangchuan District.

Article 14? Nebula lake protection range township (town) people's government, street office in this administrative area to perform the following duties:

(1) the implementation of nebula lake protection and governance of the relevant planning, programs and measures;

(2) assist in the protection of nebula lake administrative law enforcement, cooperate with the investigation and handling of related violations;

(3) control of surface pollution and the nebula lake shoreline pollution sources;

(4) collect and deal with urban and rural production, living garbage and other wastes;

(5) designate the personnel responsible for the daily protection and management;

(6) other duties prescribed by the People's Government of Jiangchuan District.

Article 15? Provincial People's Government, Yuxi Municipal People's Government, Jiangchuan District People's Government of the relevant administrative departments in accordance with their respective duties to do the protection and management of Lake Nebula.

Chapter III? Ecological environment and resource protection

Article 16? Nebula Lake protection and development and utilization of master plan shall adhere to the priority of protection, and local economic and social development. Other related plans shall be connected with the overall plan for the protection and development and utilization of Lake Nebula.

Article 17? The people's governments at all levels within the scope of protection of Lake Nebula and their relevant administrative departments shall strengthen the protection of water resources, aquatic resources, land and mineral resources, forest resources, wild animals and plants as well as natural heritages, cultural heritages, old and valuable trees in the basin of Lake Nebula.

Article 18? Jiangchuan District People's Government shall organize and implement the comprehensive treatment of water pollution and ecological environmental protection projects for reservoirs, rivers, ditches, wetlands, lakes, etc. within the scope of protection of Xingyun Lake, and carry out ecological restoration of barren hills and slopes, and gradually implement the return of farmland, forests and grasses, and improve the carrying capacity of watershed environmental resources.

Article 19? Jiangchuan District People's Government in the Nebula Lake primary protected area in the planned implementation of fallow, ponds, return to the lake, wetlands, forests, the construction of ecological buffer zones, the implementation of interception of sewage around the lake sewage control project. The original residents to take effective measures to gradually move out, the original residents to move out, compensation and resettlement in accordance with the law.

Article 20? Nebula Lake within the scope of protection shall be adjusted to optimize the industrial structure, the development of green industry, cultivate and grow energy-saving and environmental protection industry, clean production industry, clean energy industry, the development of efficient agriculture, advanced manufacturing industry, modern service industry.

Article 21? Nebula Lake within the scope of protection shall take effective measures to prevent and control agricultural surface pollution, promote comprehensive agricultural prevention and control measures, encourage the use of organic fertilizers, biological pesticides, all biodegradable film, scientific disposal of agricultural waste.

Livestock and poultry farming within the scope of the second level of protection of Lake Nebula should be in line with the development of animal husbandry planning, livestock and poultry breeding pollution prevention and control planning, in strict accordance with the relevant provisions of the state to deal with dead animals and poultry, livestock and poultry feces, sewage and other wastes, to prevent pollution of the environment.

Article 22? Nebula Lake protection range of new construction, alteration, expansion projects, shall comply with the overall plan for the protection and development and utilization of Nebula Lake.

The phosphorus chemical industry and other industrial and mining enterprises and other projects originally built in the secondary protection area of Nebula Lake shall take measures to prevent and control pollution and ensure that the discharge of pollutants reaches the prescribed standards.

Article 23? Nebula Lake within the scope of protection of lodging, catering and other operators shall be supporting the construction of sewage treatment and garbage collection facilities, sewage and garbage shall not be discharged directly into the Nebula Lake and into the lake rivers, ditches, reservoirs and so on.

Towns and cities shall realize the full coverage of domestic garbage, sewage collection and treatment, meet the requirements of treatment and discharge, and gradually realize the classification of domestic garbage collection and treatment.

Rural areas should establish and improve the daily cleaning and domestic garbage, sewage disposal mechanism, the construction of garbage, sewage collection and treatment facilities, the implementation of garbage collection, transportation and disposal responsibility system.

Article 24? Nebula Lake to implement the system of closed fishing area and closed season. The closed area is delineated by the People's Government of Yuxi City, and fishing activities are prohibited in the closed area; the closed period is determined by the lake management organization of the People's Government of Yuxi City, and fishing, acquisition and sale of fish in Nebula Lake are prohibited in the closed period.

Article 25? Units and individuals engaging in fishery fishing in Lake Nebula shall apply for a fishing license, pay the fishery resources proliferation protection fee, and operate in accordance with the type of operation, place, time limit and specifications of fishing gear approved by the fishing license.

Article 26? Lake Nebula into the lake vessels to implement the permit system. The addition, remodeling and renewal of boats entering the lake shall be approved by the lake management agency of the People's Government of Yuxi City.

The boats entering the lake shall obey the water transportation safety management, be equipped with safety equipment, and overloading is prohibited.

Article 27? The following behaviors are prohibited in the primary protection area:

(1) new construction, alteration and expansion of buildings and structures, except for environmental protection, water conservancy, hydrology, communication, wetland engineering and scientific research and law enforcement ship docking facilities approved by the People's Government of Yuxi City;

(2) new sewage outlets;

(3) filling of the lake, enclosing it to make fields and land, building fish ponds, netting, fencing (net) farming;

(iv) blasting, drilling, sand mining, quarrying, earth extraction;

(v) encroachment or damage to the lake embankment, berms, damaged or unauthorized movement of boundary pillars, signs;

(vi) breeding of livestock and poultry;

(vii) poisoned fish, frying, electrofishing, or use of prohibited fishing gear, fishing methods of fishing;

(viii) hunting and hunting Wildlife, release or discard exotic species;

(ix) washing vehicles, pets, livestock, agricultural products and production and living utensils and other polluting items in the lake;

(x) dumping, piling, landfilling, throwing production and living garbage;

(xi) in the lakeshore beach scaffolding, stalls, set up business, barbecues, picnics;

( (XII) fireworks, burning incense and paper, release of lanterns;

(XIII) the use of foam products, tires and other simple floating facilities to carry people into the lake;

(XIV) prohibited acts in the secondary protection zone.

Article 28? The following acts are prohibited in the secondary protection area:

(i) new construction, reconstruction and expansion of projects that seriously pollute the environment and damage the ecology;

(ii) discharging water pollutants in excess of the national or local standards for water pollutant discharges and the total control indexes for the discharge of key water pollutants into the rivers, ditches and urban drainage networks into the lake;

(iii) Reservoir discharge, dumping of oil, acid, lye, toxic waste liquid, waste residue, etc.

(d) in the lake into the river, ditch, reservoirs below the maximum water level line of the beach and slope dumping, piling, storage, landfill of solid waste, discard or landfill of diseased or dead livestock and poultry;

(e) in the lake into the river, ditch manure dumping, pesticides, pesticides, pesticides, packaging, cleaning equipment;

(f) in the lake, ditch dumping of pesticides, pesticides, packaging, cleaning equipment; < /p>

(F) dumping, piling, landfill waste leaves and other agricultural waste;

(VII) in the lake along the mountain mining, quarrying, sand and soil, deforestation and destruction of grass;

(VIII) the production, sale and use of phosphorus-containing detergents and the national ban on highly toxic, highly toxic, high residual pesticides;

(IX) other pollution of the water body and destruction of the ecological environment behavior.

Chapter IV? Rational utilization

Article 29? The development and utilization of Xingyun Lake shall conform to the general plan for the protection and development and utilization of Xingyun Lake, and may rely on the resources of the lake area to develop ecological fishery, ecological agriculture, ecological tourism and other production and service industries with local characteristics.

Article 30? The development of fishery in Nebula Lake shall be in accordance with the requirements of ecological environmental protection, focusing on the development of big head carp, Nebula whitefish, and the artificial stocking of silver carp, bighead carp, mackerel, crucian carp and carp.

Introduction and promotion of new varieties of aquatic organisms in Lake Nebula shall be demonstrated through scientific tests and reported to the relevant administrative departments for approval in accordance with the regulations.

Article 31? The utilization of the water resources of Lake Nebula shall be given priority to meet the urban and rural residents living water and ecological environment protection, taking into account the needs of agriculture, fishery and industrial water. Nebula lake water scheduling, shall maintain a reasonable water level, to ensure that the water level of the lake is not lower than the minimum operating water level. Because of special circumstances really need in the minimum running water level below the water of Xingyun Lake, approved by the people's government of Yuxi city.

Article 32? The people's government of jiangchuan district shall reasonably utilize the natural scenery of nebula lake, natural heritage, humanistic landscape, excellent traditional culture and customs, in accordance with the relevant planning supporting the construction of leisure, sightseeing, recreation and sports facilities, to carry out cultural, sports, amusement and other activities, inheritance of excellent traditional culture of the national and ethnic minorities.

To carry out scientific research, film and television shooting, large-scale water sports and other activities in the primary protected area of Xingyun Lake, shall be reported in advance to the people's government of Yuxi City, the lake management organization for approval.

Article 33? Encourage colleges and universities, scientific research institutions, enterprises and other units of Nebula Lake protection, governance and rational development and utilization of scientific research and technological innovation.

Chapter V? Legal responsibility

Article 34? One of the following violations in the primary protection area of Xingyun Lake, by the lake management agency of Yuxi Municipal People's Government or the relevant administrative department shall be punished:

(1) new construction, alteration, expansion in addition to environmental protection, water conservancy, hydrology, communication, wetland engineering and scientific research, law enforcement vessels docking facilities other than buildings, structures, shall be ordered to demolish within a specified period of time; overdue demolition, according to law, forced to demolish, and the costs shall be borne by the offending unit or individual. Costs borne by the offending unit or individual, and impose a fine of 20,000 yuan or more than 100,000 yuan;

(ii) filling the lake, enclosing the lake to create land, land, fish ponds, ordered to stop the illegal act, remove obstacles or take other remedial measures within a time limit, impose a fine of 10,000 yuan or more than 50,000 yuan; nets, pens (nets) breeding, and ordered to dismantle, and not dismantled, shall be forced to dismantle the required cost borne by the offending unit or individual, the required cost shall be forced to dismantle the required cost borne by the offending unit or individual. Required costs borne by the offending unit or individual, and impose a fine of more than 1,000 yuan 5,000 yuan;

(c) blasting, drilling wells, sand mining, quarrying, earth extraction, ordered to stop the illegal behavior, rectification within a period of time, can be imposed on more than 500 yuan 2,000 yuan; the circumstances are serious, impose a fine of more than 10,000 yuan 100,000 yuan;

(d) encroachment or destruction of the Lake embankment, shore protection, ordered to take remedial measures within a period of time, a fine of 10,000 yuan to 50,000 yuan; damage or unauthorized movement of boundary pillars, signs, ordered to restore the original state within a period of time, a fine of 500 yuan to 2,000 yuan;

(e) breeding livestock and poultry, ordered to make corrections, confiscate the illegal income, and may be fined 200 yuan to 1,000 yuan; the circumstances are serious, impose a 30,000 yuan Above 100,000 yuan fine;

(f) the use of prohibited fishing gear, fishing methods for fishing, confiscate the catch and illegal income, and may be fined from 1,000 yuan to 5,000 yuan; poisoned fish, deep-fried fish, electrofishing, confiscate the catch and illegal income, and impose a fine of 2,000 yuan to 10,000 yuan; the circumstances of the seriousness of the case, the revocation of fishing licenses, and impose a fine of 10,000 yuan to 50,000 yuan The following fine;

(vii) release or discard exotic species, a warning, may be fined more than 2,000 yuan to 10,000 yuan;

(viii) washing vehicles, pets, livestock and poultry, agricultural products and production of household utensils and other pollutants to the water body of the lake, shall be sentenced to a fine of more than 50 yuan to 200 yuan; the circumstances of the seriousness of the case, shall be sentenced to more than 500 yuan to 1,000 yuan The following fine;

(ix) dumping, piling, landfilling, scattering of production and domestic garbage, ordered to rectify the situation, and may impose a fine of 50 yuan or more than 200 yuan for individuals, and 5,000 yuan or more than 20,000 yuan for the unit;

(x) scaffolding, stalls, set up business or barbecue, picnic on the lakeshore beach, and order to stop the illegal behavior, and may impose a fine of more than 100 yuan 500 yuan fine; the circumstances are serious, impose a fine of 500 yuan or more than 1,000 yuan;

(xi) fireworks, incense burning, paper burning, and release of lanterns, give a warning, and may be imposed a fine of 100 yuan or more than 500 yuan;

(xii) the use of foam products, tires and other improvised floating facilities to carry people into the lake, and shall be ordered to make corrections; refusal to make corrections, impose a 200 yuan or more than 1,000 yuan fine;

(xiii) fishing during the closed season, closed areas or fishing without a license, confiscate the catch and illegal income, impose a fine of 500 yuan or more than 2,000 yuan; the circumstances are serious, impose a fine of 2,000 yuan or more than 10,000 yuan;

(xiv) violation of the lake entry permit system, impose a 5,000 yuan or more than 10,000 yuan (xiv) violation of the lake entry permit system, a fine of 5,000 yuan or more than 5,000 yuan; in serious cases, the revocation of the permit;

(xv) unauthorized scientific research, film and television filming, and large-scale water sports activities, shall be ordered to make corrections, and shall be sentenced to a fine of 10,000 yuan or more than 50,000 yuan.

Article 35? In the secondary protection area of Xingyun Lake, one of the following violations shall be punished by the relevant administrative department of the People's Government of Jiangchuan District:

(1) Discarding or burying sick or dead livestock and poultry in the river channel, ditch, beach and bank slope below the maximum water level line of the reservoir, the competent department of agriculture and rural areas shall order to make corrections, and impose a fine of more than 1000 yuan and less than 5000 yuan;

(2) Dumping manure in rivers and ditches entering the lake, the competent department of ecology and environment shall order correction, impose a fine of 50 yuan to 200 yuan or more on individuals, and impose a fine of 2,000 yuan to 10,000 yuan or more on the unit;

(c) discarding pesticides, pesticide packages, or cleaning of pesticide-applying equipment in rivers and ditches entering the lake, the competent department of agriculture and rural areas shall order correction, and impose a fine of 50,000 yuan or more on the unit; a fine of 50,000 yuan or more on the unit The authorities in charge of ecological environment shall order corrections, impose a fine of more than 500 yuan on individuals, and impose a fine of more than 5,000 yuan on units; in serious cases, impose a fine of more than 5,000 yuan.

(4) Agricultural waste such as discarded vegetables and leaves are dumped, piled up and landfilled, and the competent authorities in charge of ecological environment shall order corrections, impose a fine of more than 100 yuan on individuals, and impose a fine of more than 5,000 yuan on units; in serious cases, impose a fine of more than 5,000 yuan on units. Fines; in serious cases, a fine of 10,000 yuan or more than 50,000 yuan or less;

(v) mining, quarrying, sand dredging and soil extraction in the mountains along the lake, the competent authorities in charge of natural resources ordered to stop the illegal behavior, confiscate the minerals extracted and the illegal income, and impose a fine of 10,000 yuan or more than 100,000 yuan or less;

(vi) production and sales of phosphorus-containing detergents, the service industry operators, industrial enterprises using phosphorus-containing detergents, the market supervision and management department shall confiscate the illegal income and impose a fine of 500 yuan or more than 5,000 yuan;

(vii) where the originally built industrial and mining enterprises and other projects such as phosphorus chemical industry and other projects fail to meet the standards of pollutant emissions, the competent ecological and environmental authorities may order them to take measures such as restricting the production, suspension of production, and remedial measures; if the circumstances are serious, the matter shall be reported to the people's government which has the power to authorize the People's Government to suspend or close down.

Article 36? Other acts in violation of the provisions of these Regulations, which are not penalized under these Regulations, shall be penalized in accordance with the provisions of the relevant laws, administrative regulations and local regulations.

Article 37? To insult, assault and other ways to hinder the state staff to perform their duties in the management of the lake, the public security organs shall be dealt with according to law; constitutes a crime, shall be investigated for criminal responsibility.

Article 38? State staff in the protection and management of Lake Nebula embezzlement and bribery, dereliction of duty, abuse of power, favoritism and malpractice, shall be given punishment according to law; constitutes a crime, shall be investigated for criminal responsibility.

Chapter 6? By-laws

Article 39? The People's Government of Yuxi City shall, in accordance with these Regulations, formulate implementing rules.

Article 40? These regulations shall come into force on January 1, 2020. the "Regulations on the Protection of Lake Nebula in Yunnan Province" adopted at the 31st meeting of the Standing Committee of the Tenth Yunnan Provincial People's Congress on September 29, 2007 shall be repealed at the same time.