The Erhai

        Passed at the 8th Meeting of the Standing Committee of the 12th People's Congress of Yunnan Province on March 28,     2014

        Chapter I General Rules

        Article 1 In order to improve management of protection of Erhai and its valley ecological environment and promote the coordinated development of ecological & cultural environment and economy and society, the Ordinance has been formulated in accordance with the Water Law of the People's Republic of China, thePrevention and Cure Law on Water Pollution of the People's Republic of China, and related regulation, and in combination of the actual conditions of Dali Bai Nationality Autonomous Prefecture.

        Article 2 Any entity and individual engaged in anything within the scope of the Erhai protection and management program shall observe the Ordinance.

        Article 3 Erhai is a multi-functional plateau freshwater lake that its water level can be adjusted artificially, and the lake is the concentrated drinking water source for Dali City, and is an important part of the national scenic spot-Dali Scenic Spot Area and the Mount Cangshan and Erhai Lake Natural Reserve. The scope of the Erhai protection and management program covers the main valley of the Erhai, including the Erhai Lake area and runoff areas.

        Article 4 The Erhai protection and management program insists on the principle featured by protection first, scientific planning, comprehensive treatment, sustainable use and participation by all people.

        Article 5 The min. operating water level of Erhai is 1964.30m above sea (1985 National Elevation Datum, ditto), and the max. operating water level is 1966.00m above sea.

In special years when the water level must be adjusted, the Dali Municipal People’s Government shall put forward the proposal and submit it to the Autonomous Prefecture People’s Government for review and resolution by the Standing Committee of the Autonomous Prefecture People’s Congress.

        Article 6 Water quality of lakes, main rivers, and reservoirs in the Erhai Lake area and runoff area shall be protected in consistency with the National Standard of Surface Water Environmental Quality Class II.

        Article 7 The Autonomous Prefecture People’s Government will lead the Erhai protection and management work.

        The Dali Municipal People’s Government will manage the protection and management work of the Erhai Lake area and the runoff area in its administrative region.

        The Eryuan County People’s Government will manage the protection and management work of the runoff area in its administrative region.

        Township (Town) People’s Governments in the scope of the Erhai protection and management program shall manage the Erhai protection and management work in their own administrative regions and coordinate with related departments for efficient administrative law enforcement.

        Villagers’ Committees (Communities) and Villagers’ Groups in the scope of the Erhai protection and management program shall assist the Township (Town) People’s Governments in the Erhai protection and management work.

        Article 8 The Autonomous Prefecture, Dali City and Eryuan County People’s Governments shall set up regulatory agencies to take charge of the Erhai protection and management work, perform the duties of the Erhai Lake area and runoff area in their respective administrative regions, and exercise the administrative law enforcement right granted to them as stated in this Ordinance.

        Related departments and bureaus of the Autonomous Prefecture, Dali City and Eryuan County, as in development and reform, finance, industry and information, environmental protection, housing and urban-rural development, planning, land resources, communication and transportation, tourism, agriculture, animal husbandry, forestry, water-related affairs, supervision, public security, industrial and commercial administration, quality and technology supervision, supervision and management of food and drug, etc. shall pay attention to the Erhai protection and management according to their respective functions and duties.

        Article 9 The Autonomous Prefecture, Dali City and Eryuan County People’s Governments shall incorporate the Erhai protection and management into the national economic and social development plan and list the cost into the fiscal budget at the corresponding level.

        The Autonomous Prefecture shall set up the Erhai Ecological Compensation Mechanism, and the concrete measures shall be separately formulated by the Autonomous Prefecture People’s Government.

        Article 10 Compensable Use System shall be practiced for all the water resources and aquatic resources in the scope of the Erhai protection and management program. Utilization of any of the water resources, aquatic resources, scenic spot resources, water-surface business activities, etc. shall be charged according to the law at the price listed below:

        Article 11 The charges collected in the Erhai protection and management program shall be used for protection and governance of the ecological environment of Erhai and its runoff areas. The application range includes:

        Article 12 The Autonomous Prefecture, Dali City and Eryuan County People’s Governments and the Township (Town) People’s Governments in the scope of the Erhai protection and management program shall organize education of Erhai protection, popularize the knowledge on the protection program and enhance people’s awareness of Erhai protection.

        Citizens, legal entities and other organizations are encouraged to participate in or conduct Erhai protection activities through donations, volunteer’s service, and other forms.

Any company and individual are entitled to discourage, report to the police, and file a complaint against any behaviors in violation of the Ordinance.

        Chapter II Protection and Management of Erhai Lake Area

        Article 13 The specific management scope of the Erhai Lake area includes the lake area with the max. Operating water level in Erhai, the river course from Xi’er River Check Sluice to Tianshengqiao Primary Power Station Intake, and the section from MountLaoqingshan Water Tunnel to the Boundary Tablet at the Exit as a part of the “Yin’er Rubin” (Introducing the Erhai Lake to Dali) Program. The lake boundary line shall be drawn and decided by the Dali Municipal People’s Government with boundary markers properly erected, and the results of the boundary line will be then published to the public.

The Erhai Lake area shall be managed in a unified manner.

        Article 14 The Erhai Protection and Management Agency of the Dali Municipal People’s Government has following major duties:

        Article 15 The Erhai Protection and Management Agency shall strengthen its protection and construction of the lakeside belt of the Erhai Lake area, and organize building and maintaining Erhai Lake Ring Forest Belt and aquatic plants in lake shoal areas 5m inside the boundary markers and 15m outside the boundary markers.

        Article 16 In Erhai, the water-drawing permit system shall be practiced. Any water-drawing from the Erhai Lake shall be permitted only when comprehensive ecological demands of Erhai are well considered. And we should perform the practices of planned water use, water preservation, urban and rural domestic water guarantee, priority for agricultural water and reasonable allocation of industrial water and power-generation water.

        Article 17 Artificial propagation is adopted by fishery in Erhai and the fish species and quantity shall be arranged scientifically and the native species of Erhai shall be recovered gradually to optimize its ecological structure.

        Article 18 Fishing licensing system is adopted by fishery in Erhai. The Fishing licensing shall exercise total quantity control, without purchase, lease, assignment or borrowing.

        Big fishes shall be first captured with smaller ones left in water in fishing practice. The fishing net mesh shall not be less than 7cm, and none of the fishing gears and fishing methods rather than the one-layer screen mesh, hand net, fish cover, fishing net and angling shall be used.

        Article 19 Annual lake closing and no-fishing system is practiced by fishery in Erhai. Main waters where parent stock, scrod and Schizothorax taliensis (Sinamia) spawn, breed, feed and inhabit are closed and no fishing is allowed all year round. The lake-closing and opening dates and the boundary line of the closing shall be published by the Dali Municipal People’s Government to the public.

        Details of silverfish fishing shall be decided by the Erhai Protection and Management Agency and a report about these shall be sent to the Dali Municipal People’s Government for approval.

        Article 20 Ship management of Erhai shall be approved uniformly and subject to total number control and the lake-fishing licensing system. The Access Permit issued by the Erhai Protection and Management Agency for boats shall be obtained. The increase, reconstruction and renovation of boats shall be reviewed by the Dali Municipal People’s Government for approval of the Autonomous Prefecture People’s Government and relevant license and certificates shall be handled and obtained accordingly.

        The Erhai Protection and Management Agency and the maritime department shall strengthen management over operation boats fishing in the lake according to their respective functions and duties.

Power-driven boats shall be equipped with anti-seepage, anti-leakage and anti-spillage facilities for greasy dirt. Boat garbage, sewage, waste oil and residual oil shall be collected ashore for concentrated treatment without being directly discharged into the Erhai Lake.

        Article 21 The Dock of Erhai shall be planned scientifically and subject to total number control. Dock building, reconstruction and expansion shall all be reviewed by the Dali Municipal People’s Government for approval of the Autonomous Prefecture People’s Government and relevant license and certificates shall be handled and obtained accordingly.

        Article 22 The development and utilization projects in the Erhai Lake area shall be implemented only after being reviewed by the Erhai Protection and Management Agency and reported by the Dali Municipal People’s Government to the Autonomous Prefecture People’s Government for approval with relevant license and certificates handled and obtained accordingly.

        Scientific surveys, archaeological studies, photography, large-sized aquatic activities and aquatic trainings taking place in the Erhai Lake area and lake-surrounding forest ring shall be reviewed by the Erhai Protection and Management Agency and approved by the Dali Municipal People’s Government.

        Article 23 Tourism projects in islands in Erhai shall be implemented according to the Ordinance, planning of Dali Scenic Spot Area, Mount Cangshan and Erhai Lake Natural Reserve, tourism development plans and village and town-level plans.

        Article 24 Following behaviors are prohibited in the Erhai Lake area:

Chapter III Protection and Management of Erhai Runoff Areas

        Article 25 Main watersheds beyond the max. operating water level of Erhai shall be the Erhai runoff areas, mainly including Xiaguan, Dali, Yinqiao, Wanqiao, Xizhou, Shangguan, Shuanglang, Wase, Haidong and Fengyi (10 towns in total) within the jurisdiction of Dali City, and 6 townships (towns) within the jurisdiction of Eryuan County: Dengchuan, Yousuo, Niujie, Sanying, Zibihu, and Fengyu.

        The specific scope of the Erhai runoff areas shall be determined by the Autonomous Prefecture People’s Government in the General Plan for Erhai Protection.

        Article 26 The Autonomous Prefecture, Dali City and Eryuan County People’s Governments shall coordinate the protection and management of Erhai runoff areas with the economic and social development, scientifically draw the boundaries of water ecology reserves, water conservation areas, agricultural cultivation areas, urban and rural construction development areas and their specific scopes, and adopt related plans and measures for ecological protection and water pollution prevention and treatment.

        Article 27 Wetlands, main rivers, reservoirs and other water ecology reserves in the Erhai runoff areas shall have strengthened water pollution prevention and treatment and water quality protection.

        Article 28 Necessary scientific argumentations and quarantine shall be conducted for any species breeding of species introduction and domestication in the water ecology reserves and review and approval from the Erhai Protection and Management Agency of the Autonomous Prefecture and related departments shall be obtained.

        Article 29 Boats fishing in the water ecology reserves shall be subject to total number control and access permit system. The access permit for boats shall be issued by the Erhai Protection and Management Agencies of Dali City and Eryuan County according to the principle of localized management. Boat increase, reconstruction and renovation shall all be approved by the Dali Municipal and Eryuan County People’s Governments. Related departments shall handle related licenses according to their respective duties and functions and exercise supervisory and regulatory control.

        Article 30 water conservation areas shall have mountains closed for forestation, grain plots returned to forestry and forest fire protection. For plots with heavy water and soil loss and barren mountains and wastelands, related management, treatment and afforestation shall be strengthened.

        Article 31 For agricultural cultivation areas, farmlands protection shall be strengthened and agricultural non-point source pollution shall be strictly controlled. The Autonomous Prefecture, Dali City and Eryuan County People’s Governments shall adjust the agricultural industrial structure, support high efficiency ecological agriculture, popularize comprehensive prevention and treatment and biological prevention and treatment measures, and encourage the use of organic fertilizers instead of chemical fertilizers and pesticides.

        The Autonomous Prefecture, Dali City and Eryuan County People’s Governments shall control the number of livestock and poultry breeding scientifically, reduce pollution caused by nitrogen, phosphorus and residual toxicity of pesticide in agriculture and husbandry of the water body, and support companies or individuals to develop resource utilization of agricultural wastes and livestock and poultry excrements.

        Article 32 Urban and rural construction and development areas shall strengthen urban and rural construction planning and management, improve sewage pipeline networks and treatment facilities, and guarantee the normal operation of established sewage treatment facilities.

Water drainage system of town planning areas and industrial park areas shall have rain-sewage diversion. Sewages shall be released only after reaching the standards for discharge after disposal, so as to improve continuously the utilization rate of reclaimed water.

        Villages shall be provided with domestic sewage collection & disposal facilities and treated domestic sewage shall be utilized locally. Sewage shall be treated on a paid service basis.

Any business in hotel, restaurant, lodge, food, etc. shall have their own sewage treatment facilities, which shall be used to treat and purify sewage before discharging it to sewer system or using it directly as reclaimed water. Direct discharge into lakes, reservoirs, rivers or channels shall be prohibited. Without normal operation of the sewage disposal facilities, no business activities shall be allowed to be conducted.

        Article 33 Counties (cities), townships (towns) people’s governments in the urban and rural construction and development areas shall set up facilities for domestic garbage collection and disposal, and timely treatment of garbage. The garbage collection, transportation and disposal shall be conducted on a paid service basis.

        Article 34 Inside the lake-front side of the Erhai Lake-surrounding Highway, no buildings or structures except the newly built public infrastructure shall be erected. For new buildings or structures in the Erhai Haixi Protection Scope, the Ordinance on Administration for Protection of Erhai Haixi in Dali Bai Nationality Autonomous Prefecture in Yunnan Province shall be referred to.

        In the areas 30m at the two sides of the major rivers running into the Lake and 50m surrounding other lakes, no buildings or structures except the newly built public infrastructure shall be erected.

        Article 35 For production or operational activities or project construction inside the runoff areas of Erhai, the ecological environment shall be protected to prevent water and soil loss. If water pollution or water and soil loss has been caused, the construction companies or individuals shall assume the cost of environmental improvement.

        Article 36 Following behaviors are prohibited in the Erhai runoff areas:

        Chapter IV Legal Liabilities

        Article 37 Civil servants will be subject to disciplinary sanctions imposed by their units, superior bodies or administrative supervisory departments when they have one of the following behaviors in the protection and management of Erhai; if criminal circumstances are confirmed, criminal offenses shall be prosecuted according to law.

        Article 38 If one of the following behaviors in violation of the Ordinance is confirmed, corresponding punishment shall be given by the Erhai Protection and Management Agency.

        Article 39 If one of the following behaviors in violation of the Ordinance is confirmed, corresponding punishment shall be given according to the following regulations.

        Article 40 Any behaviors in violation of the Ordinance in the scope of the Erhai protection and management program, if not punished according to the Ordinance, shall be punished according to related laws and regulations.

Chapter V Supplementary Provisions

        Article 41 The main rivers in the Erhai runoff areas are the Miqie River and its branches, such as the Fengyu River, the Haiwei River, the Mici River, the Yong’an River, the Luoshi River, the Boluo River, and the Cangshan Shiba Stream; main reservoirs are Haixi Lake Reservoir, Sancha River Reservoir, and Sanshao Reservoir; wetlands are the Xihu Lake, the Zibi Lake, and other areas with perennially grown hygrophyte or hydrophyte and hygrophytic crop plants or aquatic plants, with Erhai protection planning as the water front of Erhai, and with water quality purification functions and other ecological functions.

        Article 42 The Ordinance shall be promulgated by the Standing Committee of the Autonomous Prefecture People’s Congress after passed by the Autonomous Prefecture People’s Congress through discussions and reported to the Standing Committee of Yunnan Provincial People’s Congress for approval.

        The Autonomous Prefecture People’s Government can formulate measures for the implementation according to the Ordinance.

        Article 43 The Ordinance shall be interpreted by the Standing Committee of the Autonomous Prefecture People’s Congress.