On 19 February 2021, the Seminar on Wetland Protection Law (Draft), led by the Research Department of CBCGDF was held in Beijing. The conference invited experts and scholars from the field of wetland ecology, environmental law and environmental justice, and front-line volunteers to participate in the in-depth discussion focused on the draft and the problems existing in wetland protection. The conference was broadcast live on platforms such as Baijiahao, Weibo and Bilibili of the CBCGDF.

 The following is a speech by Yu Shunli, a researcher from the Institute of Botany, the Chinese Academy of Sciences, to share with you.

Good morning, ladies and gentlemen!

Regarding the wetland situation, I recently participated in the discussion of Beijing Fengtai Nanyuan Wetland Park and Changping Shahe Park. I learned some information and felt that the promulgation of the Wetland Protection Law was relatively fitting and necessary.

After listening to the above experts’ speeches, I think they have spoken very well and have been more comprehensive. This seminar is an excellent opportunity to learn.

Yesterday, I read the contents of the Wetland Protection Law twice, and I think there are several problems as follow:

 1) The correct definition and concept of wetland need to be added to this text. It is recommended that the narrow definition of the "Ramsar Convention" be adopted, that is, the area where the surface is too wet or often accumulates water and grows wetland organisms.

2) Whether it is necessary to add the definition of wetland ecosystem, which refers to the same whole community composed of wetland plants, wetland animals, microorganisms and their environment.

3) The hierarchical management in the second clause: Which grades are they divided into? Are they marked in brackets, such as national, provincial, prefectural, etc.?

The directory system: how to name it or manage?

4) Regarding the wetland classification, can the main types of wetlands be added to the law? According to China's actual situation and the  classification system adopted by "Ramsar Convention", the "National Wetland Resources Survey and Testing Technical Standards" divides the national wetlands into 5 categories with 28 types.

The 5 types are mainly: a) offshore and coastal wetlands, b) River wetlands, c) lake wetlands, d) swamps and swampy meadow wetlands, e) reservoir ponds.

5) "Wetland Resources and Investigation and Evaluation System", "Total Wetland Area Control System", have these systems been promulgated, and can they be attached to the back clauses of this law? Do all wetlands have the smallest and largest areas? Can it be put in this law?

6) The first sentence of Article 18 is suggested to change to: The state strictly controls the wetlands' occupation. Any construction project involving essential wetlands of the state should seek the opinions of the competent authorities.

7) In the first sentence of Article 19, "supplement" is suggested to be replaced by "complement" or "compensation".

8) Article 20 is suggested to change to: "Information on changes in annual wetland distribution, area, water volume, water quality, biodiversity, etc., should be grasped on time". In short, this sentence needs to be supplemented and revised.

9) Article 22, the part that needs to be added: The use of tourism, planting ... and other activities within the wetland area must be "submitted to the competent authorities for approval before proceeding".

10) Article 22: "It is forbidden to open (enclose) reclamation, landfill, and drain wetlands, permanently cut off the water source of wetlands, overgrazing and overfishing", and it is recommended to remove "permanently" because long-term nor short-term cut off of water sources will affect wetlands.

11) Article 52 and Article 51: The number of fines that cause serious consequences is relatively arbitrary. The fines should not be capped according to the degree of damage because prices are rising rapidly…, and how they should be revised still need to be discussed.

12) In the supplementary articles of Chapter 7, the word "mangrove" is suggested to change to "Rhizophoraceae", because the word "mangrove" is too general. Except for Rhizophoraceae, mangrove plants also include Combretaceae, Myrsinaceae, Sonneratiace and so on.

Translator/ Syying

Chinese original article

https://mp.weixin.qq.com/s/DZKj4Hwpqjm-egI6pJ89JQ

Contribution

https://www.paypal.me/CBCGDFChina

http://www.cbcgdf.org/English/ConfirmDonaTion/0.html