(1) Article 21 is amended as: "The construction of port facilities within the overall port planning area and the use of non-deep-water coastline suitable for the construction of berths below 1000 tons (excluding this number) shall be approved by the transportation department of the municipal people's government with districts; The use of other non-deep water coastline shall be approved by the transportation department of the provincial people's government; The use of deepwater coastline shall be reported to the relevant state departments for approval according to law. Projects approved by the comprehensive economic macro-control department of the State Council or the State Council use the port coastline, and no approval procedures for using the port coastline will be handled separately. "
(2) The second paragraph of Article 22 is amended as: "Where an application is made for using a non-deepwater coastline with a berth of less than 1000 tons (excluding this number), the transportation department of the municipal people's government with districts shall make a licensing decision within 20 days, and report the licensing decision to the transportation department of the provincial people's government for the record; If you apply for the use of other non-deep water coastlines and deep water coastlines, the transportation department of the municipal people's government with districts shall submit the preliminary examination opinions and application materials to the transportation department of the provincial people's government within ten days from the date of receiving the application. "
One paragraph is added as the third paragraph: "Where an application is made for the use of other non-deepwater coastlines, the transportation department of the provincial people's government shall make a licensing decision within 20 days from the date of receiving the forwarded materials; If you apply for the use of the deepwater coastline, the transportation department of the provincial people's government shall complete the on-site verification, preliminary examination and report transfer within 20 days from the date of receiving the report transfer materials. "
(3) Paragraph 3 of Article 23 is amended as: "A construction project that approves the use of the port coastline shall start construction within three years from the date of obtaining the approval document for the coastline. If the construction fails to start within the time limit, the approval document is invalid. After the expiration of the approval document, if it is necessary to use the port coastline to continue the project construction, it shall re-apply for the approval procedures for the use of the port coastline. " Two, the "Regulations" of Anhui Province to make changes.
(1) Article 1 is amended as: "In order to protect and rationally utilize forest germplasm resources, standardize forest variety breeding and forest seed production, operation, use and management, strengthen seed science and technology research, encourage breeding innovation, protect the right of new forest varieties, safeguard the legitimate rights and interests of forest variety breeders and forest seed producers, operators and users, improve forest seed quality and promote forestry development, according to the Seed Law of People's Republic of China (PRC).
(2) Article 3 is amended as: "People's governments at or above the county level shall strengthen the organization and leadership of forest seed work, coordinate and solve major problems in forest seed work, take measures in finance, finance and taxation, support the construction of forest seed production bases and protective nurseries, cultivate forest seed markets, and promote the high-quality development of forest seed industry.
"The provincial people's government formulates the development plan of forest seed industry and organizes its implementation according to the policy of rejuvenating agriculture through science and education and the needs of forestry development."
(3) Article 5 is amended as: "The people's governments at or above the county level shall give support to the protection of forest germplasm resources, the breeding and popularization of improved forest varieties, the scientific and technological innovation of forest seed industry, the cultivation of new forest varieties and the transformation of achievements.
"The provincial people's government shall establish a provincial forest seed reserve system, and regularly check and update the forest seeds stored in the province."
(4) Paragraph 2 of Article 13 is amended as: "Where other provincial-level authorized forest species belonging to the same suitable ecological region as this province are introduced, the importer shall report the introduced species and region to the competent forestry department of the provincial people's government for the record."
(5) One article is added as Article 15: "In any of the following circumstances, the examination and approval shall be revoked by the Provincial Tree Variety Examination and Approval Committee, and the competent forestry department of the provincial people's government shall issue an announcement to stop the promotion and sales:
"(a) serious defects that cannot be overcome in the course of use;
"(two) by cheating, forging experimental data and other improper means through the examination and approval or appraisal;
"(three) other circumstances that are not suitable for continuing to promote sales.
"If the certified tree species exceed the validity period, they shall not be promoted or sold in the name of tree species."
(6) One chapter is added as Chapter IV: "Protection of New Forest Varieties". The specific content is:
One article is added as Article 16: "The people's governments at or above the county level and their relevant departments shall implement the national protection system for new forest varieties, encourage and support units and individuals to carry out research and development, breeding and transformation of new forest varieties, cultivate new forest varieties with independent intellectual property rights, and apply for the patent right for breeding inventions and the right to new forest varieties according to law."
One article is added as Article 17: "Units and individuals applying for the right to new varieties of forest trees shall apply to the competent forestry and grass authorities of the State Council in accordance with the relevant provisions of the state. The content, ownership, granting conditions, application acceptance, examination and approval, time limit, termination and invalidation of the right to new forest varieties shall be implemented in accordance with the seed law and other laws and administrative regulations.
"The competent forestry authorities of the people's governments at or above the county level shall provide consulting services and guidance for units and individuals applying for the right to new forest varieties."
One article is added as Article 18: "Where the varieties that have obtained the new variety right of forest trees are popularized and applied, the breeder shall obtain the corresponding economic benefits according to law.
"The people's governments at or above the county level shall reward the breeders who have obtained the right to new forest varieties and have been popularized and applied."
One article is added as Article 19: "During the protection period, no unit or individual may manufacture, breed, process, promise to sell, sell, import, export or store the breeding materials of authorized varieties for the purpose of breeding without the permission of the new variety owner; Reproductive materials of this authorized variety shall not be used for commercial purposes of producing reproductive materials of another variety. Except as otherwise provided by laws and administrative regulations. "
One article is added as Article 20: "If the owner of a new variety of forest trees or his interested party thinks that his right to a new variety of forest trees has been infringed, he may request the competent forestry department of the people's government at or above the county level to mediate on the compensation for civil tort damages, or he may directly bring a lawsuit to the people's court.
"The request for mediation by the competent forestry authorities shall be subject to the consent of both parties. If no unanimous mediation opinion is reached or mediation fails, the owner of the new forest variety or his interested party may bring a lawsuit to the people's court. "
(7) Article 15 is changed to Article 21, which is amended as: "The licensing system shall be implemented for the production and management of major forest seeds.
"Forest seed producers and operators who set up branches in the effective area of production and business license do not need to apply for forest seed production and business license, but should report to the competent forestry department of the local people's government for the record.
"Farmers' personal use of excess conventional forest seeds can be sold and traded in the local market without applying for a seed production and operation license.
"Those who are only engaged in seed production of non-main forest trees do not need to apply for a seed production and operation license."
(8) Article 16 is renumbered as Article 22 and amended as: "The import and export production and operation license of forest seeds shall be handled in accordance with the relevant provisions of the state.
"Engaged in the production and operation license of main forest seed breeding materials, issued by the competent forestry department of the provincial people's government, the competent forestry department of the provincial people's government may entrust the competent forestry department of the people's government at the city or county level with districts to receive the application materials.
"Other forest tree seed production and operation licenses other than those specified in the preceding two paragraphs shall be issued by the competent forestry authorities at the city or county level with districts."
(9) Article 17 is renumbered as Article 23 and amended as: "Units and individuals that apply for forest tree seed production and operation licenses shall meet the conditions stipulated in the Seed Law.
"The competent forestry department of the people's government at or above the county level shall, within fifteen days from the date of receiving the application materials, review the relevant materials and relevant information provided. To meet the conditions, the issuance of forest seed production and operation license; If it does not meet the requirements, it shall notify the applicant in writing and explain the reasons.
"Forest seed production and operation license is valid for five years.
"It is forbidden to forge, alter, buy, sell or lease the forest tree seed production and operation license; It is forbidden for any unit or individual to produce and operate forest seeds without a license or in accordance with the provisions of the production and operation license. "
10. One article is added as Article 28: "Forest seed operators who sell forest seeds through the Internet shall continuously publicize the business license and production and operation license information in a prominent position on their home pages, and provide forest seed information to buyers in a comprehensive, true, accurate and timely manner. If the publicity information changes, it shall be updated in time. Operators of e-commerce platforms should require operators who apply to enter the platform to sell forest seeds to submit their real information such as their identity, address, contact information, forest seed production and business license, and conduct verification and registration, establish registration files, and regularly verify and update. "
(eleven) delete twenty-fourth, twenty-seventh, thirty-second and thirty-third.
(12) Article 28 is renumbered as Article 33 and amended as: "The competent forestry authorities of the people's governments at or above the county level shall formulate and organize the implementation of the random inspection plan for the quality of forest seeds according to the production and operation of forest seeds. The competent forestry authorities may entrust the forest tree seed quality inspection institution to inspect the quality of forest tree seeds. "
(13) One article is added as Article 37: "Acts that violate the provisions of these Regulations shall be punished in accordance with the provisions of the Seed Law and relevant laws and regulations."
(14) Article 34 is changed into Article 38 and amended as: "The competent forestry department of the people's government at or above the county level, other relevant departments and their staff members who violate the provisions of these Regulations and commit any of the following acts shall be ordered by their units or the competent department at a higher level to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
"(1) Issuing licenses for the production and operation of forest seeds to producers and operators who do not have the conditions;
"(two) found illegal acts in the production, operation and use of forest seeds, not promptly investigated and dealt with according to law;
"(three) found in the supervision and inspection of forest seeds have serious quality problems, did not take corresponding measures;
"(four) to promote the use of major forest species that have not been approved or recognized;
"(5) designating or forcing users of forest seeds to purchase and use forest seeds;
"(six) there are other cases of favoritism, abuse of power, dereliction of duty."
(15) Article 35 is changed to Article 39 and amended as: "The meanings of the following terms in these Regulations are:
"(1) Tree seeds refer to the propagation materials or planting materials of trees, including seeds, fruits, roots, stems, seedlings, buds, leaves and flowers;
"(2) Forest germplasm resources refer to the basic materials for cultivating new forest varieties, including the propagation materials for cultivating forest species and wild species, and the forest genetic materials artificially created by using the above propagation materials;
"(3) Improved varieties refer to the main tree species that have passed the examination and approval, and in a certain area, their yield, adaptability and stress resistance are obviously superior to the propagation materials and planting materials of the current main planting materials."
(16) One article is added as Article 40: "The management of germplasm resources listed in the national catalogue of forest germplasm resources and the examination and approval of national forest variety breeding shall be carried out in accordance with the relevant provisions of the state.
"The management, breeding, production and management of grass germplasm resources shall be implemented with reference to these Regulations."
(seventeen) fourth, seventh to twelfth, twenty-second, twenty-fifth, twenty-sixth, twenty-ninth, thirty-first in the "administrative department of forestry" is amended as "administrative department of forestry"; Amend "industrial and commercial administration, quality and technical supervision" in the second paragraph of Article 4 to "market supervision"; Amend the "seed production license" in Article 18 and the "seed business license" in Article 19 to "seed production and business license"; The term "producer of commercial forest seeds" in Article 18 is amended as "producer of forest seeds".