(Decree No. 180 of the People s Government of Jiangxi Province Dated January 21, 2010)
The Measures for the Prevention and Control of Pine Wood Nematode of Jiangxi Province, adopted at the 30th Executive Meeting of the People s Government of Jiangxi Province on December 30, 2009, is hereby promulgated and shall come into force as of March 1, 2010.
Governor: Wu Xinxiong
Article 1 With a view to preventing and controlling pine wood nematode effectively, protecting forest resources and ecological environment and boosting development of forestry, these Measures are enacted to the realities of the Province, and in accordance with the Forest Law of the People s Republic of China, Regulations on Plant Quarantine and Regulations on Forest Pest and Disease Control of the State Council, and other laws and regulations.
Article 2 These Measures shall apply to prevention and control of pine wood nematode as well as supervision and administration thereof within the administrative region of the Province.
Article 3 The prevention and control of pine wood nematode shall follow the principle of government dominance, social participation, prevention first and integrated control.
Article 4 People s governments at all levels shall strengthen their leadership in the prevention and control of pine wood nematode, establish and improve the system of administration, ascertain the responsibilities for the prevention and control and put preventing and controlling measures into practice.
Article 5 Competent forestry authorities of the people s governments at or above the county level shall take charge of the prevention and control work of pine wood nematode within the administrative regions of their own, and the forest pest control and quarantine offices under which shall be responsible for the specific work of quarantine, inspection, epidemic monitoring of epidemic situation, design of control plan, technical guidance, supervision and administration in the prevention and control of pine wood nematode.
Competent authorities of housing and urban-rural development (gardens), communications and transportation, civil affairs, science and technology, radio, film and television, administrative authorities of industry and commerce, tourism administration, entry-exit inspection and quarantine, railway, electric power, post and telecommunications and other units shall accomplish the tasks related to the prevention and control of pine wood nematode respectively within the scope of their duties.
Article 6 The people s governments at or above the county level and their competent authorities of science and technology, forestry and so on shall encourage and support related units of scientific research, education and production to carry out technical research on the prevention and control of pine wood nematode, and make extensive use of advanced and applicable technologies.
Article 7 The competent forestry authorities of the people s governments at or above the county level shall formulate the plan for renewal and transformation of pine forest on the basis of the distribution of pine forest resources and occurrence of pine wood nematode within the administrative regions of their own, and upon due examination over the plan by the competent forestry authorities of the people s governments of the cities with districts, submit to the competent forestry authority of the people s government of the Province for approval prior to implementation.
Units and individuals concerned shall accomplish the plan for renewal and transformation of pine forest within a prescribed time-limit so as to improve the stand structure and enhance the ability of pine forest to resist pine wood nematode.
It is forbidden to use forest tree seedlings with pine wood nematode and other dangerous pests in seedling culture or forestation.
Article 8 The forest pest and disease control and quarantine offices at all levels shall strengthen the quarantine inspection of pinaceae and their products, and prevent the invasion and spread of epidemic situation.
Article 9 Any units or individuals within the administrative region of the Province who allocate and transport pinaceae and their products across the administrative regions at or above the county level shall apply for quarantine inspection in the forest pest and disease control and quarantine offices in the places of origin, and the allocation and transport shall be subject to the quarantine inspection and receipt of the plant quarantine certificate.
The units and individuals who allocate and transport pinaceae and their products shall offer to file the plant quarantine certificate with the forest pest and disease control and quarantine offices in the places of destination within 5 days after the arrival of allocated and transported goods. The forest pest and disease control and quarantine offices in the places of destination may re-inspect the pinaceae and their products as allocated and transported, and they may be used on condition that they have passed the re-inspection.
The units and individuals who allocate and transport pinaceae and their products across the administrative region of the Province shall be in line with the relevant provisions of the state.
Article 10 Where constructing units which undertake the projects of electric power, radio and television, telecommunications and others are involved in the use of pine wood during the construction of electric power, radio and television, telecommunications and other facilities in the forest region, they shall notify the local forest pest and disease control and quarantine office of the county (city or district) of the constructing time and site prior to their construction.
The constructing units shall, immediately upon completion of construction, clear the pine wood that has been used, and treat by disinfection and disinfestation or destroy in line with the requirements of forest pest and disease control and quarantine office. The forest pest and disease control and quarantine office shall provide technical guidance for, supervise and inspect their clearance, treatment by disinfection and disinfestation or destroy of pine wood that has been used.
Article 11 The competent forestry authority of the People s Government of the Province and forest pest and disease control and quarantine inspection offices shall strengthen the protection of Lushan Mountain, Jinggang Mountain, Sanqingshan Mountain, Longhu Mountain, Jiulianshan Mountain and other key preventive zones, formulate the protective measures and prevent the invasion of pine wood nematode.
It s forbidden to transfer pinaceae and their products into Lushan Mountain, Jinggang Mountain, Sanqingshan Mountain, Longhu Mountain, Jiulianshan Mountain and other key preventive zones.
Article 12 The quarantine functionaries of forest pest and disease control and quarantine office shall have the right to enter the railway or bus station, airport, port, wharf, market, scenic resort, forest land, warehouse, construction site, timber operating, processing or utilizing units and other places for the purpose of quarantine inspection, documents review and sampling test related to the pine wood nematode in accordance with law, and in which case the units and individuals concerned shall cooperate in work.
The quarantine functionaries shall wear the quarantine uniforms and marks and produce their law enforcement certificates in accordance with law during the quarantine inspection.
Article 13 The entry-exit quarantine inspection of imported or exported pinaceae and their products shall be done by entry-exit inspection and quarantine office pursuant to the entry-exit plant quarantine law, rules and other provisions of the State. The entry-exit inspection and quarantine office and forest pest and disease control and quarantine office shall share the quarantine information concerned.
Article 14 Where the infected pinaceae and their products are found in the quarantine inspection, the owners shall treat them by disinfection and disinfestation in a designated place at the requests of forest pest and disease control and quarantine office. In case of no treatment by disinfection and disinfestation or acting against the prescribed requirement, the forest pest and disease control and quarantine office shall treat by disinfection and disinfestation or destroy on their behalves, but the expenses thus incurred shall be borne by the owners at the prescribed rate.
Article 15 The forest pest and disease control and quarantine offices at all levels shall establish and improve the monitoring network of pine wood nematode, perfect the monitoring system, provide the monitoring staffs and strengthen the monitoring of epidemic situation of pine wood nematode.
Article 16 The relevant units shall, in accordance with the arrangement of the people s governments at or above the county level and the relevant technical rules, organize investigation into epidemic situation of pine wood nematode according to their respective assignments described as below, build the technical files for investigation of epidemic situation and report without delay to the local competent forestry authorities about the investigation of epidemic situation.
(1)The state-owned forest farms shall be responsible to investigate into epidemic situation of pine forest and pine trees under their operation and management;
(2)The people s governments of township (or town) or forestry workstations of township (or town) shall be responsible to investigate into epidemic situation of pine forest and pine trees owned by collectives or individuals in the regions under their jurisdiction;
(3)The managerial bodies of nature reserve, scenic resort, forest park, martyrs' cemetery and cemetery shall be responsible to investigate into epidemic situation of pine forest and pine trees within the range of their management respectively;
(4)The competent authorities of housing and urban-rural development (gardens) shall be responsible to investigate into epidemic situation of pine forest and pine trees within the range of public urban landscaping areas;
(5)The authorities of communications and transportation, and railway shall be responsible to investigate respectively into epidemic situation of pine forest and pine trees within the range of land used by roads and railways;
(6)The operating or managing units shall be responsible to investigate into epidemic situation of other pine forest and pine trees.
Article 17 The units and individuals, who have found the abnormity or dying-off of pine trees, shall report immediately to the local people s government or competent forestry authority, and upon receipt of report, the local people s government or competent forestry authority shall instruct the forest pest and disease control and quarantine office to conduct sampling and identification. Where the pine wood nematode is found, the local people s government or competent forestry authority shall immediately take measures against transmission and spread of epidemic situation in accordance with law.
Article 18 In the areas that the pine wood nematode breaks out, the forest pest and disease control and quarantine office may assign its quarantine functionaries to join in local road allied checkpoint or timber checkpoint and conduct quarantine inspection over the pine wood nematode.
At the outbreak of a serious epidemic disease of pine wood nematode, the people s government of the city with districts (county, city or district) may set up, after reporting to the people s government of the Province for approval, the temporary forest plant quarantine checkpoints at the traffic main arteries in the areas that the pine wood nematode breaks out or their adjacent areas and Lushan Mountain, Jinggang Mountain, Sanqingshan Mountain, Longhu Mountain, Jiulianshan Mountain and other key preventive zones to their requirements for control of epidemic situation, so as to prevent the transmission and spread of epidemic situation.
Article 19 The people s governments at the county level in the areas that the pine wood nematode breaks out shall formulate the plan for the control of pine wood nematode based on the local epidemic situation.
The professional teams organized by the units in accordance with Article 16 of these Measures shall clear up, on a unified basis, the pinaceae in the areas that the pine wood nematode breaks out (hereinafter referred to as infected wood) according to the plan for the control of pine wood nematode and technical rules for prevention and control thereof. The owners or operators and managers shall cooperate and never refuse or prohibit in this regard.
The collective economic organizations of villages shall assist well in the unified clearance of infected wood.
Article 20 The tree cutting license as required for the clearance of infected wood shall be issued by the units of organizing for clearance in accordance with the provisions concerned.
The clearance of infected wood and reforestation-oriented cutting of pine trees against pine wood nematode shall be given priority to arrangement of cutting indicators within the cutting quota.
Article 21 During the cutting period of infected wood, the local forest pest and disease control and quarantine offices shall carry out the supervision over the entire process to prevent any loss of infected wood. The stumps of infected wood after being cut shall be treated by medicinal preparations or covered to ensure that the stumps meet the requirements for disinfection and disinfestation.
Article 22 The infected wood shall not be transferred out of the areas that pine wood nematode breaks out. Where the infected wood is necessarily allocated and transported to the outside even under the conditions of no assurance for a safe use in the local areas or under special circumstances, the procedures for such allocation and transport shall be completed in accordance with the relevant provisions of the State.
Where the infected wood can not be ensured for a safe use, it shall be burned out or treated by disinfection and disinfestation by other means.
Article 23 The enterprises designated for the processing of boards, wood-based panels or for paper-making with infected wood shall complete, within the safe period every year, the centralized disinfection and disinfestation of infected wood as processed and remains caused in the processing. The safe processing period of infected wood is from November 1 to March 31 of the following year, and the competent forestry authorities of the people s governments at or above the county level may adjust it appropriately to the local actual conditions and make it public known, and report to file with the competent forestry authority of the people s government of the Province.
The enterprises designated for the processing of boards, wood-based panels or for paper-making with infected wood shall establish the history logs of purchased materials and sold products. The competent forestry authorities of the people s governments at or above the county level shall strengthen the supervision and inspection on the enterprises designated for the processing of boards, wood-based panels or for paper-making with infected wood.
Article 24 The people s governments at or above the county level shall increase their financial inputs into the prevention and control of pine wood nematode.
The competent financial and forestry authorities of the people s governments at or above the county level shall strengthen their administration over the use of funds for prevention and control of pine wood nematode and establish the sound system of administration and supervision over the use of funds. Any units or individuals are forbidden to encroach, intercept and misappropriate the funds for the prevention and control of pine wood nematode.
Article 25 Where units undertaking the prevention and control of pine wood nematode in accordance with law commit any of the following acts, the persons in charge who are directly responsible and other persons who are directly responsible shall be given administrative sanctions in accordance with law, and if any loss is caused, they shall be liable for compensation in accordance with law, and if a crime is constituted, they shall be prosecuted for criminal liability in accordance with law.
(1)Fail to perform their duties of preventing and controlling the pine wood nematode in accordance with law, and cause serious consequences;
(2)approve and issue tree cutting license and plant quarantine certificate beyond the limits of authority or in violation of working procedures;
(3)encroach, intercept and misappropriate the funds for the prevention and control of pine wood nematode;
(4)other acts of abusing one s power, neglecting duties or engaging in malpractices for personal gains.
Article 26 Any constructing units that, in violation of the provisions in Paragraph 2, Article 10 of these Measures, undertake the projects of electric power, radio and television, telecommunications and others, but do not immediately clear up the pine wood that has been used upon completion of construction, shall be ordered by the forest pest and disease control and quarantine office to make corrections, and they shall, if refusing to make corrections at the expiry of the prescribed time-limit, be imposed a penalty of no less than RMB 2,000.00 yuan, but no more than RMB 10,000.00 yuan.
Article 27 Whoever violates the provisions in Article 22 of these Measures and arbitrarily allocates and transports the infected wood shall be imposed a penalty of no less than RMB 2,000.00 yuan, but no more than RMB 10,000.00 yuan by the forest pest and disease control and quarantine office.
Article 28 Whoever violates the provisions in Paragraph 1, Article 23 of these Measures and has not completed, within the safe processing period of infected wood, the centralized disinfection and disinfestation of infected wood as processed and remains caused in the processing shall be ordered by the forest pest and disease control and quarantine office to make corrections, and they shall, if refusing to make corrections at the expiry of the prescribed time-limit, be imposed a penalty of no less than RMB 10,000.00 yuan, but no more than RMB 30,000.00 yuan.
Article 29 With respect to other acts against the provisions in these Measures, except otherwise expressly provided in the Forest Law of the People s Republic of China, Law of the People s Republic of China on the Entry and Exit Animal and Plant Quarantine, Regulations on Plant Quarantine, Regulations on Forest Pest and Disease Control, Forest Regulations of Jiangxi Province, Measures for Plant Quarantine of Jiangxi Province, Measures for Prevention and Control of Forest Pest and Disease of Jiangxi Province and other laws, rules and regulations, such provisions shall prevail.
Article 30 These Measures shall come into force as of March 1, 2010.
