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Suggestions on requesting the Ministry of Agriculture and Rural Affairs to consult with the Forestry and Grassland Bureau to include the forest land used in the management and protection houses for breeding forest frogs and frog ponds into the direct land and to standardize the contract period and contract cost of forest land
Text/Forester
According to the Notice of the Ministry of Agriculture and Rural Affairs and the National Forestry and Grassland Administration on Further Regulating the Protection and Management of Frogs (Nong Yu Fa [2020] No. 15), related frogs such as Chinese forest frogs (Northeast forest frogs) and Heilongjiang forest frogs are managed by fishery authorities in accordance with aquatic animals. So far, the industry of forest frogs has been retained from this forbidden wilderness. The industry authorities have also changed from the forestry department to the agricultural and rural departments, but the forest frog breeding needs to depend on forest land and forest resources, and the development attributes of the industry determine whether the forest frog can develop benignly depends mainly on the support of forestry policies for the development of forest frogs. At present, there are two issues that need the support of the forestry and grassland departments: one is the use of forest land in the management and protection houses and frog ponds; the second is the contract period and contract cost of forest land for breeding forest frogs; If these two problems are not given policy support and standardization, it is difficult for the forest frog industry to develop benignly.
The Ministry of Agriculture and Rural Affairs, as the competent authority of the forest frog industry, should coordinate with the Forestry and Grassland Administration to introduce policies to support and standardize the development of forest frogs; In particular, the introduction of the policy of incorporating forest land into direct land use in forest frog management and protection houses and frog ponds is based on the law.
1. The use of forest land in management and protection houses and frog ponds
Forest frog, also known as snow clam, is widely distributed in the mountain forest areas of Heilongjiang, Jilin, Liaoning and Inner Mongolia in mainland China, and is regarded as a valuable frog species integrating medicine, nourishing and beauty with its unique medicinal and nutritional value, and is a characteristic breeding species with a long breeding history; At the same time, it is also an important part of the water and forest ecosystem, with high ecological and economic value.
1. Basic information
On February 24, 2020, the Standing Committee of the National People's Congress (NPC) issued a decision on a complete ban on illegal wildlife trade and the elimination of the bad habit of indiscriminate consumption of wild animals, prohibiting the consumption of all terrestrial wild animals. As a terrestrial wild animal, forest frogs are facing the dilemma of being banned from eating, which has led to the dilemma of the industry.
The forest frog industry is an important way for laid-off workers in Northeast China to change production and resettle and farmers to increase their income and get rich. It plays a significant role in resolving the layoff of a large number of forestry workers in the state-owned forest areas of Northeast China due to the crisis of forest resources and economic distress, and maintaining the harmony and stability of the forest area. Forest frog breeding and forest frog product processing industry have become important industries for local economic development in forest areas. According to the fact that frogs such as Northeast forest frogs have biological learning properties such as wintering, egg laying, hatching, growth and metamorphosis in water bodies, the most important protection links are mainly in water bodies. After demonstration, in May 2020, the Ministry of Agriculture and Rural Affairs and the National Forestry and Grassland Administration jointly issued the Notice on Further Regulating the Protection and Management of Frogs (Nong Yu Fa [2020] No. 15), which clarified that five species of frogs, including northeast forest frogs with cross-management, long breeding history and large artificial breeding scale, will be managed by fishery authorities in accordance with the Fisheries Law of the People's Republic of China and other relevant laws and regulations, and can be cultivated and utilized according to law.
2. Main problems
2.1 The use of forest land in forest frog breeding facilities
Forest frog breeding is managed according to aquatic animals, and its industry authorities are transferred from the forestry department to the agricultural and rural departments, but forest frog breeding needs to depend on forest land and forest resources, and forestry policy is very important to the healthy development of forest frog breeding industry. Forest frog breeding needs to build "three ponds and one room" (three ponds refer to hatching ponds, metamorphosis ponds, wintering ponds, and one room refers to the management and protection rooms). It is an objective need to contract the breeding of forest frogs in the trench system, and to build houses and dig ponds within the contracted area. However, at present, there are no regulations or technical specifications to clarify the standard for the construction and use of forest land in the construction of "three pools and one house".
2.2 The lack of policies has led to many problems in the use of forest land by forest frog breeding facilities
In the past few years, the government has encouraged the development of forest frog breeding, but the control is relatively loose, coupled with the vague policy on the use of forest land for the construction of "three ponds and one room" facilities for breeding forest frogs, and the lack of compliance awareness of forest frog practitioners, resulting in many "three pools and one room" using forest land without approval; In recent years, the state has carried out forest inspections and central ecological and environmental protection inspections, and many "three pools and one room" that have not gone through the procedures for the use of forest land have been found to be inspectors, because they have not gone through the review procedures for the use of forest land or the approval procedures for construction land, and those who use forest land such as management houses and frog ponds are suspected of changing the use of forest land without authorization or illegally occupying agricultural land, and those who have to bear administrative penalties and face large fines and other penalties; If it is serious, it will bear criminal responsibility. The root cause of the problem is that the policy on the use of forest land for "three pools and one room" facilities has not been clear at the national level, and the construction of "three pools and one room" does not meet the requirements of the procedures for the use of forest land for construction projects, and it is difficult to pass the procedures for the use of forest land for construction projects, which leads to the lack of approval basis for the construction and use of forest land for "three pools and one room".
3. Some suggestions
Forest frog breeding needs to build "three ponds and one room" facilities to meet the actual needs of the forest frog breeding industry, and it is urgent to clarify the standards for the use of forest land and facilities from the policy.
3.1 It is recommended to build "three pools and one house" to be included in the scope of building engineering facilities on forest land that directly serve forestry production and operation
Article 52 of the Forest Law stipulates that the construction of engineering facilities directly serving forestry production and operation on forest land that meet the standards stipulated by the relevant state departments shall be approved by the competent forestry department of the people's government at or above the county level, and there is no need to go through the approval procedures for construction land; If it is necessary to occupy forest land beyond the standard, the approval procedures for construction land shall be handled in accordance with the law.
Article 52 of the Forest Law stipulates seven paragraphs of construction of engineering facilities that directly serve forestry production and operation; The last paragraph, "other engineering facilities directly serving forestry production", as a catch-all item, can be the basis for the policy of "three pools and one room" to be included in the scope of direct service engineering facilities. After the inclusion, the construction of "three pools and one house" has a policy basis for the use of forest land at the national level, and the construction of "three pools and one house" within the standard only needs to be reviewed and approved by the competent forestry department, and there is no need to go through the approval procedures for construction land; This not only solves the policy basis for the construction of "three ponds and one house" to use forest land, but also greatly facilitates the forest frog farmers, and is conducive to the legal and compliant operation of forest frog breeding.
3.2 Clarify the standards for the use of forest land in "three pools and one room".
After the "three ponds and one house" are included in the scope of construction of engineering facilities that directly serve forestry production and operation on forest land, it is necessary to issue supporting standards for the use of forest land, so as to provide a basis for examination and approval in accordance with the law.
2. The duration of the contract and the cost of the contract
Forest frogs and forest resources are inseparable, breeding forest frogs is a good thing for the benefit of the people, the country and the industry, this industry is the protection of forest resources, forest frog practitioners to the protection of local forest resources painstaking efforts, this is the basis for their survival. Breeding forest frogs inevitably involves contracting forest resources, and in the context of paid use of natural resources, breeding forest frogs use forest resources and pay contract fees; However, it is necessary to further standardize what standard should be paid and how long the contract period is appropriate.
The forest resource endowment in Northeast China is about the same, and the economy of the areas that can breed forest frogs is basically at the same level. At the national level, a guiding principle could be issued to make specific provisions on the contract fee and contract period of forest resources; For the contract fee of forest resources, it is necessary to consider the symbolic collection of forest frog breeding for poverty alleviation in Northeast China, revitalization of Northeast China and protection of forest resources. The formulation of the contract period should take into account the expectations of forest frog practitioners, and formulate a minimum contract period, so that practitioners can stay at ease and keep their jobs.
Forester
Written on March 27, 2022