Chương III: Thông tư 19/2018/TT-BNNPTNT Thành lập khu bảo tồn biển cấp tỉnh; quản lý khu bảo vệ nguồn lợi thủy sản

Chapter III

ESTABLISHMENT OF PROVINCIAL MPAS; MANAGEMENT OF PROTECTED AREAS OF AQUATIC RESOURCES

Article 8. Procedures for setting up projects on establishment of provincial MPAs

The fishery authority of a province shall set up a project on establishment of provincial MPA in accordance with the following procedures:

1. Organize biodiversity investigation and assessment and set up a project on establishment of provincial MPA.

2. Seek opinions of relevant Departments, People's Committees of districts and People's Committees of communes; opinions of residential community in and around the area where the MPA is expected to be established by a show of hands or enquiry about the project.

3. Request the People’s Committee of the province to appraise the project on establishment of provincial MPA.

Article 9. Procedures for appraising projects on establishment of provincial MPAs

1. An application for appraisal of the project on establishment of provincial MPA includes:

a) An application form;

b) The project on establishment of provincial MPA, prepared using the Form No. 01 in the Appendix I hereof;

c) Written summation and explanation for opinions of relevant Departments, People's Committees of districts and People's Committees of communes, and residential community in and around the area where the MPA is expected to be established;

d) Other relevant documents (if any).

2. Procedures for appraising the project:

a) The fishery authority shall submit an application prescribed in Clause 1 of this Article to the People’s Committee of the province;

b) The People’s Committee of the province shall establish an inter-agency appraisal council and take charge of carrying out an appraisal according to Clause 3 of this Article. The inter-agency appraisal council shall be composed of at least 07 members. The President is the representative of the People's Committee of the province and members are leaders from relevant Departments and People's Committees of districts;

c) After obtaining the written appraisal of the project on establishment of provincial MPA given by the inter-agency appraisal council, the People’s Committee of the province shall submit a project dossier to the Ministry of Agriculture and Rural Development, which will give a written response before making a decision.

The project dossier submitted to the Ministry of Agriculture and Rural Development includes: provincial MPA establishment project; written summation and explanation for opinions of relevant Departments, People's Committees of districts and People's Committees of communes, and residential community in and around the area where the MPA is expected to be established; written appraisal of the provincial MPA establishment project given by the inter-agency appraisal council;

d) The Ministry of Agriculture and Rural Development shall send a written consent to the People’s Committee of the province. In case of rejection of the project dossier, a written response specifying reasons thereof shall be given;

dd) After obtaining the written consent, the People's Committee of the province shall decide to establish the MPA.

3. An appraisal of the provincial MPA establishment project shall cover at least:

a) Necessity of establishing the MPA;

b) Bases for setting up the project;

c) Targets and subjects under the protection;

d) Satisfaction of criteria for establishing a MPA prescribed in Article 15 of the Law on Fisheries;

dd) Geographic location, boundary and area of MPA; boundary and area of dedicated zones and ecotone of MPA;

e) Plans for biodiversity conservation, ecosystem restoration; protection and conservation of natural landscapes, cultural and historical values;

g) Career change plan tailored for households and individuals involved in catching of aquatic products and aquaculture in the MPA;

h) Solutions for execution and execution of management programs.

Article 10. Decision on establishment of provincial MPAs

1. Presidents of People’s Committees of provinces shall decide to establish provincial MPAs.

2. The decision on establishment of provincial MPAs shall be made using the Form No. 02 in the Appendix I hereof.

Article 11. Management of protected areas of aquatic resources

1. According to local conditions, protected areas of aquatic resources shall be assigned to fishery authorities of provinces or local authorities of districts and communes or community.

2. Protected areas of aquatic resources shall be managed as follows:

a) Fishery authorities of provinces or local authorities of districts and communes assigned to manage protected areas of aquatic resources shall make and promulgate management regulations and plans relevant to current condition of each area;

b) The community that voluntarily applies for management of protected areas of aquatic resources shall manage them in accordance with regulations on co-management of aquatic resources.

3. The following activities are allowed to be carried out in a protected area of aquatic resources:

a) Investigation and research into aquatic species and living environment thereof;

b) Catching of aquatic resources, aquaculture and tourism associated with fishing activities prescribed by law;

c) Inspection and supervision of implementation of laws;

d) Other activities prescribed by law.

4. People’s Committees of provinces shall:

a) assign organizations specified in Clause 1 of this Article to manage protected areas of aquatic resources;

b) define areas banned from commercial fishing for a fixed term, fishing occupations and gears banned from use in commercial fishing in protected areas of aquatic resources;

c) assign competent units to inspect and supervise implementation of laws in protected areas of aquatic resources; inspect and supervise organizations assigned to manage protected areas of aquatic resources.

5. Regulations on reporting management of protected areas of aquatic resources:

a) By November 10, organizations assigned to manage protected areas of aquatic resources shall submit annual or ad hoc reports to fishery authorities of provinces.

b) By November 20, People’s Committees of provinces shall submit annual or ad hoc reports at the request of the Ministry of Agriculture and Rural Development (through the Directorate of Fisheries).