Circular No. 29/2013/TT-BNNPTNT on the establishment and management of provincial marine protected areas

Regulations on the establishment and management of provincial marine conservation areas

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 57/2008/NĐ-CP dated May 2, 2008 of the Government promulgating the Regulations on the Management of National and International Marine Protected Areas in Vietnam;

Pursuant to Decree No. 65/2010/NĐ-CP dated June 11, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Biological Diversity;

At the proposal of the Director General of the Fisheries General Department;

The Minister of Agriculture and Rural Development issues this Circular stipulating the establishment and management of provincial marine conservation areas.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular stipulates the establishment and management of provincial marine conservation areas, including those of centrally governed cities (hereinafter referred to collectively as provincial marine conservation areas).

Article 2.  Applicability

This Circular applies to domestic organizations and individuals; foreign organizations and individuals related to the establishment and management of provincial marine conservation areas.

Article 3. Criteria for establishing provincial marine conservation areas

Provincial marine conservation areas are classified into Marine Species and Habitat Conservation Areas; Natural Resource Reserves.

1. Marine Species and Habitat Conservation Areas must meet the following criteria:

a) It is a sea area with one or more rare and endangered aquatic species that are at risk of extinction and need protection; it has intact or minimally impacted representative ecosystems that require management, protection, and conservation;

b) It is a sea area with ecological and environmental value that can serve scientific research, education, tourism, and leisure purposes.

2. Natural Resource Reserves must meet the following criteria:

a) It is a sea area with representative ecosystems, habitat for many aquatic animal species; breeding grounds or areas where immature aquatic species gather; sources of replenishment for adjacent sea areas.

b) It is a sea area with ecological and environmental value that can serve scientific research, education, tourism, and leisure purposes.

Chapter II

ESTABLISHMENT OF PROVINCIAL MARINE CONSERVATION AREAS

Article 4. Content of the Project for Establishing Provincial Marine Conservation Areas

1. Based on the approved national marine conservation area system planning, the Department of Agriculture and Rural Development shall develop a project for establishing provincial marine conservation areas.

2. The content of the project includes:

a) Objectives for conserving marine resources; compliance with the criteria set forth in Article 3 of this Circular;

b) Current status of natural ecosystems, species listed in the Priority Protected Species Catalogue; landscape and environment;

c) Extracts from maps, geographic location, area, boundaries of each functional zone proposed for establishment of the conservation area; plans for stabilizing the lives or relocating households and individuals out of the proposed conservation area;

d) Organizational structure for managing the conservation area;

đ) Draft management regulations for the conservation area;

e) Implementation measures and plans.

Article 5. Review of the Project and Decision to Establish Provincial Marine Conservation Areas

The Department of Agriculture and Rural Development sends a request for comments from the Ministry of Agriculture and Rural Development on the content of the project; after receiving comments from the Ministry of Agriculture and Rural Development, the Department of Agriculture and Rural Development submits the project establishment file for provincial marine conservation areas to the People's Committee of the province for review and organization of a review board.

1. The files submitted for review include:

a) A proposal for reviewing the project to establish provincial marine conservation areas;

b) Draft Decision to establish provincial marine conservation areas;

c) Project to establish provincial marine conservation areas with contents as prescribed in Article 4 of this Circular;

d) Results of biological diversity surveys and scientific studies; zoning maps of the conservation area; zoning plans for functional zones within the conservation area;

đ) Approval documents from the Ministry of Agriculture and Rural Development; summary of comments from relevant departments, district people's committees, and local authorities where the conservation area is proposed or adjacent to the marine conservation area.

2. The review board consists of at least seven members chaired by the leader of the provincial People's Committee; members are leaders of the Departments of Agriculture and Rural Development, Natural Resources and Environment, Culture - Sports and Tourism, Planning and Investment, Finance, and representatives of the district people's committee where the conservation area is proposed.

3. Contents of the review:

a) The necessity of establishing a marine conservation area; conservation targets and objectives;

b) Compliance with the criteria for establishing a conservation area;

c) Geographic location; boundaries and area of the conservation area; area of functional zones within the conservation area;

d) Implementation measures and plans;

đ) Management regulations for the conservation area.

4. Decision to Establish Provincial Marine Conservation Areas

The provincial People's Committee considers and decides to establish and approve the management regulations for provincial marine conservation areas.

Chapter III

MANAGEMENT OF PROVINCIAL MARINE CONSERVATION AREAS

Section 1

MANAGEMENT BOARD OF PROVINCIAL MARINE CONSERVATION AREAS

Article 6. Establishment of the Management Board of Provincial Marine Conservation Areas

1. The Management Board of Provincial Marine Conservation Areas is a public service unit with legal personality, its own seal, bank accounts as prescribed by law, and a place of business.

2. Establishment of the Management Board of Provincial Marine Conservation Areas

The Chairman of the provincial People's Committee decides to establish the Management Board of Provincial Marine Conservation Areas within the scope assigned to manage.

3. Organizational Structure: The Management Board of Provincial Marine Conservation Areas may have the following departments:

a) Communication and Community Development Department;

b) Scientific Research Department;

c) Office spaces;

d) Patrol and Control Team.

In addition, based on specific conditions of each conservation area, the organizational structure of the Management Board may be supplemented with one or several subordinate units such as: Environmental Education Center; Ecotourism and Environmental Service Center; Aquatic Wildlife Rescue Facility.

For conservation areas managed by the provincial People's Committee according to the Law on Biological Diversity, which include marine conservation components, the Management Board of such conservation areas needs to supplement functions, tasks, and establish a department to manage marine conservation.

4. The duties and powers of the Management Board of Provincial Marine Conservation Areas are specifically stipulated in the management regulations of the conservation area.

5. Financial sources for marine protected areas; management and use of financial resources for marine protected areas shall be implemented according to Article 10 and Article 11 stipulated in Decree No. 57/2008/NĐ-CP dated May 2, 2008 of the Government on Regulations on Management of Marine Protected Areas of National and International Importance.

Section 2

ACTIVITIES IN MARINE PROTECTED AREAS

, Clause 1, Clause 2 Article 7a of this Regulation.. Protection and restoration of representative ecosystems

1. Surveying the current status of ecosystems (coral reefs, seagrasses) within the protected area, establishing original records to monitor changes in these ecosystems.

2. Collecting and storing information on annual changes and causes of changes in terms of area and quality of ecosystems (coral reefs, seagrasses).

3. Developing plans and projects to conserve and restore ecosystems that have been lost or are currently degrading within the protected area.

4. Inspecting, monitoring, and promoting the implementation of conservation and restoration plans for ecosystems (coral reefs, seagrasses) within the protected area.

Article 8. Protection and development of endangered, precious, and rare species.

1. Investigating, researching, preserving specimens and data on the components, distribution, and biological characteristics of precious and rare aquatic species at risk of extinction that are prioritized for protection within the protected area.

2. Monitoring changes and causes of changes in precious and rare aquatic species at risk of extinction that are prioritized for protection.

3. Building, submitting for approval, and organizing the implementation of annual plans aimed at protecting and developing precious and rare aquatic species at risk of extinction that are prioritized for protection within the protected area.

Article 9. Scientific research, education to raise awareness, and internships in marine protected areas..

Organizations and individuals wishing to conduct scientific research, teaching, and internship activities in marine protected areas must ensure the following regulations:

1. Having a scientific research plan, communication program to raise awareness, and internship plan in the protected area approved by the protected area management authorities.

2. Strictly implementing the regulations of the protected area and being subject to specific guidance from the Management Board or organization entrusted with managing the protected area where the scientific research, teaching, and internship activities are carried out.

3. Only permitted to collect genetic samples of studied species in quantities determined in the approved scientific research plan by the protected area management board.

Article 10. Biodiversity monitoring.

1. The management board of the marine protected area has the responsibility to organize independently or collaborate with scientific agencies to conduct biodiversity monitoring within the protected area according to the annual program and plan approved by the marine protected area, with the objects, methods, and time of monitoring detailed in the monitoring plan.

2. The objects of biodiversity monitoring include typical aquatic ecosystems, endangered, precious, and rare species prioritized for protection.

3. Results of biodiversity monitoring, including samples and annual monitoring records, are stored at the management board of the protected area and reported to the Department of Agriculture and Rural Development responsible for management.

Article 11. Visiting and tourism in marine protected areas.

Activities of visiting and tourism in marine protected areas must comply with the management regulations of the Marine Protected Area and current regulations. The management board of the protected area may organize visiting and tourism activities in the protected area through one or more of the following methods:

1. Organizing visits and tours independently.

2. Supporting the community to organize visits and tours.

3. Collaborating or joint venturing with organizations and individuals both domestically and internationally to implement tourism service activities.

Chapter IV

MANAGEMENT PLAN AND REPORTING REGIME

Article 12. Management Plan

1. Construction of the management plan for marine protected areas

The management board of the marine protected area shall be responsible for constructing a five-year and annual management plan to submit to the Department of Agriculture and Rural Development for consideration and approval by the Provincial People's Committee;

2. Basic contents of the management plan include:

a) Protection and restoration of aquatic ecosystems and rare and precious species prioritized for protection;

b) Research and experimental scientific activities, including biodiversity monitoring activities;

c) Propaganda and education;

d) Services and labor utilization;

e) Infrastructure construction and finance.

Article 13. Reporting System

1. Annually, the management board of the marine protected area shall report on the current status of biodiversity and management activities within the protected area to the Department of Agriculture and Rural Development and the provincial People's Committee.

2. The report on the current status of biodiversity in the protected area must include the following main contents:

a) Current status, recovery status, and recovery plans for natural ecosystems within the protected area;

b) Current status and conservation plans for aquatic species listed in the priority protection directory within the protected area.

Chapter V

IMPLEMENTATION

Article 14. Responsibilities for managing marine protected areas

1. General Fisheries Department

a) Guide and inspect the establishment and implementation of the contents stipulated in this Circular;

b) Organize propaganda and dissemination of this Circular to Departments of Agriculture and Rural Development, relevant agencies, and management boards of marine protected areas.

a) Develop and issue district plans for converting crop structure on rice fields based on provincial plans;

a) Disseminate, monitor, and evaluate the implementation of this Circular at local levels.

b) Direct the management boards of marine protected areas to strictly implement this Circular.

c) Annually report to the Ministry of Agriculture and Rural Development and the provincial People's Committee on the management of marine protected areas.

Article 15. Effectiveness

This Circular takes effect from July 22, 2013.

For management boards of marine protected areas established and operational before the date of issuance of this Circular, they must review and adjust their organizational structure according to Clause 2 and Clause 3 of Article 6 of this Circular.

During the implementation of this Circular, if there are any difficulties, they should report to the Ministry of Agriculture and Rural Development for adjustment, amendment, and supplementation./.