Yellow River Protection Law of the People's Republic of China

(Adopted at the 37th Meeting of the Standing Committee of

the Thirteenth National People's Congress on October 30, 2022)

Contents

Chapter I General Provisions

Chapter II Planning and Control

Chapter III Ecological Protection and Restoration

Chapter IV Conservation and Efficient Utilization of Water Resources

Chapter V Water and Sediment Control and Flood Control

Chapter VI Pollution Prevention and Control

Chapter VII Promoting High-Quality Development

Chapter VIII Protecting, Passing Down and Promoting Yellow River Culture

Chapter IX Guarantee and Supervision

Chapter X Legal Liability

Chapter XI Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is formulated in order to strengthen ecological and environmental protection in the Yellow River Basin, strengthen flood control in this area, promote the conservation and efficient utilization of water resources, advance high-quality development, protect, pass down and promote Yellow River culture, ensure harmony between humans and nature, and achieve the sustainable development of the Chinese nation.

Article 2 This Law applies to all kinds of activities for ecological protection and high-quality development in the Yellow River Basin. If this Law is silent, the provisions of other relevant laws shall apply.

The Yellow River Basin referred to in this Law covers the county-level administrative areas of Qinghai Province, Sichuan Province, Gansu Province, the Ningxia Hui Autonomous Region, the Inner Mongolia Autonomous Region, and Shanxi Province, Shaanxi Province, Henan Province and Shandong Province in the catchment area formed by the main stream, tributaries and lakes of the Yellow River.

Article 3 The work of ecological protection and high-quality development in the Yellow River Basin shall be conducted under the leadership of the Communist Party of China, meet the requirements to focus on protection and governance, strengthen pollution prevention and control, and embrace the principles of prioritizing ecological protection, pursuing green development, promoting development based on conditions of water resources, paying more attention to water conservation, adopting different policies for different fields based on local conditions, making overall plans and advancing them in a collaborative way.

Article 4 The state establishes an overall coordination mechanism for ecological protection and high-quality development in the Yellow River Basin (hereinafter referred to as the "Yellow River Basin Overall Coordination Mechanism") to provide comprehensive guidance and overall coordination for ecological protection and high-quality development in the Yellow River Basin, review major policies, plans, and projects related to the Yellow River Basin, coordinate major issues across regions and departments, and supervise and inspect the implementation of relevant important works.

The provinces and autonomous regions in the Yellow River Basin may, as needed, establish province-level coordination mechanisms to organize and coordinate ecological protection and high-quality development within their respective administrative areas.

Article 5 The relevant departments under the State Council shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development in the Yellow River Basin.

The Yellow River Conservancy Commission of the department in charge of water resources under the State Council (hereinafter referred to as the "Yellow River Basin Administrative Authority") and its subordinate administrative agencies shall perform their water resources supervision and administration duties in the Yellow River Basin in accordance with the law and provide support for the work concerning the Yellow River Basin Overall Coordination Mechanism.

The Yellow River Basin Eco-Environmental Supervision and Administration Authority of the department in charge of ecology and environment under the State Council (hereinafter referred to as the "Yellow River Basin Eco-Environmental Supervision and Administration Authority") shall conduct eco-environmental supervision and administration in the Yellow River Basin in accordance with the law.

Article 6 The local people's governments at or above the county level in the Yellow River Basin shall be responsible for ecological protection and high-quality development within their respective administrative areas.

The relevant departments of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development of the Yellow River Basin within their respective administrative areas.

The relevant local authorities in the Yellow River Basin shall, based on their needs, strengthen coordination with each other for the formulation of local regulations, local government rules, local plans, and supervision and law enforcement, etc., so as to advance ecological protection and high-quality development in the Yellow River Basin in a collaborative way.

An inter-provincial joint meeting of river and lake chiefs shall be established in the Yellow River Basin. River or lake chiefs at all levels shall take charge of river or lake management and protection.

Article 7 Departments under the State Council respectively in charge of water resources, ecology and environment, natural resources, housing and urban-rural development, agriculture and rural affairs, development and reform, emergency management, forestry and grassland, culture and tourism, and standardization, etc. shall, in accordance with the division of responsibilities, establish sound standards for the conservation and efficient use of water resources, water and sediment control, flood control and drought relief, soil and water conservation, hydrology, water environment quality, pollutant discharge, ecological protection and restoration, survey, monitoring and evaluation of natural resources, biodiversity conservation, and cultural heritage protection in the Yellow River Basin.

Article 8 The state shall implement a rigid restriction system on the use of water resources in the Yellow River Basin, persist in planning urban development, land use, population, and production based on water availability, improve the development and protection of territorial space, promote the scientific and reasonable distribution of population and cities, and develop modern industries compatible with the carrying capacity of water resources.

The local people's governments at or above the county level in the Yellow River Basin shall organize the implementation of the rigid restriction system on the use of water resources within their respective administrative areas in accordance with the relevant regulations issued by the state.

Article 9 The state shall improve water conservation and water efficiency in agriculture, strengthen water conservation and emission reduction in industry, and enhance water conservation and loss reduction in urban areas, encourage and promote the use of advanced water-saving technologies to accelerate the adoption of a water-saving production mode and lifestyle, effectively conserve and efficiently use water resources, and build a water-saving society.

Article 10 The state shall coordinate the development of flood control systems along the main stream and tributaries of the Yellow River, enhance the synergy of intra-basin and inter-basin flood control systems, promote the coordinated efforts by the upper, middle, and lower reaches of the Yellow River in flood control, drought relief and ice jam flood control, build a sound and efficient comprehensive system for flood control and disaster risk reduction, and organize the assessment in due time, in order to effectively enhance the capacity of the Yellow River Basin to prevent and control flood, waterlogging, and other disasters.

Article 11 The department in charge of natural resources under the State Council shall, in conjunction with other relevant departments under the State Council, regularly organize surveys of natural resources such as land, minerals, water flows, forests, grasslands and wetlands in the Yellow River Basin, establish a resources database, evaluate resource carrying capacity and environmental capacity, and keep the public abreast of the natural resources condition in the Yellow River Basin.

The department in charge of wildlife protection under the State Council shall regularly organize surveys of wildlife and their habitats in the Yellow River Basin or organize special surveys as needed, establish wildlife resource files, and keep the public abreast of the wildlife resources condition in the Yellow River Basin.

The department in charge of ecology and environment under the State Council shall regularly organize assessments of ecological conditions in the Yellow River Basin and keep the public abreast of the ecological condition in the Yellow River Basin.

The department in charge of forestry and grassland under the State Council shall, in conjunction with other relevant departments under the State Council, organize surveys and monitoring of the land desertification in the Yellow River Basin, and publicize the results thereof on a regular basis.

The department in charge of water resources under the State Council shall organize surveys and monitoring of soil erosion in the Yellow River Basin and publicize the results thereof on a regular basis.

Article 12 The Yellow River Basin Overall Coordination Mechanism shall coordinate relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin to improve the monitoring networks for the ecology and environment, natural resources, hydrology, sediment, desertification, soil and water conservation, natural disasters and meteorology in the Yellow River Basin on the basis of the existing monitoring stations and projects.

The relevant departments under the State Council, the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, improve the eco-environmental risk report and early warning mechanisms.

Article 13 The state shall strengthen the prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-disaster recovery and reconstruction systems for natural disasters in the Yellow River Basin, maintain the safety of relevant projects and facilities, and control, mitigate and eliminate hazards caused by natural disasters.

The department in charge of ecology and environment under the State Council shall, in conjunction with the relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin, establish a sound joint ecological and environmental emergency response mechanism for the Yellow River Basin as part of the national emergency response system, to strengthen the ecological and environmental incident response.

In case of severe droughts, the flow rate at provincial boundaries or key sites dropping down to a low-flow alert level, reservoir operation failures, major water pollution events, or the like that may cause a water supply crisis or the drying up of the Yellow River, the Yellow River Basin Administrative Authority shall organize emergency water diversion.

Article 14 The Yellow River Basin Coordination Mechanism shall establish an expert advisory committee for ecological protection and high-quality development of the Yellow River Basin to provide professional consultation on major policies, plans, projects and scientific and technological issues concerning the Yellow River Basin.

The relevant departments under the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize third-party assessment, analysis and demonstration of impacts on the ecosystems of the Yellow River Basin by construction projects, plans for important infrastructure and industry layout.

Article 15 The Yellow River Basin Coordination Mechanism shall coordinate the efforts of the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin to establish a sound Yellow River Basin information sharing system, and organize the development of a smart Yellow River information sharing platform in order to make its management more scientific. The relevant departments of the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall share information on the ecology and environment, natural resources, soil and water conservation, flood control, administration and law enforcement in the Yellow River Basin in accordance with the relevant state regulations.

Article 16 The state encourages and supports research on major scientific and technological problems on ecological protection and restoration, conservation and efficient use of water resources, sediment movement as well as water and sediment management and control, desertification prevention and control, comprehensive use of sediment, river dynamics and riverbed evolution, soil and water conservation, hydrology, climate, and pollution prevention and control in the Yellow River Basin, strengthens innovation through collaboration, advances research on key technologies, extends the application of advanced and applicable technologies and gives better play to the role of technological innovation.

Article 17 The state shall strengthen efforts to protect, pass down and promote Yellow River culture, systematically protect the cultural heritage of the Yellow River, study the development of Yellow River culture, elaborate on the spirit of the Yellow River culture and its relevance to the present times, and forge a strong sense of community for the Chinese nation.

Article 18 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall strengthen the publicity and education on ecological protection and high-quality development in the Yellow River Basin.

The news media shall publicize and report ecological protection and high-quality development in the Yellow River Basin in various forms, and conduct public oversight on illegal acts in accordance with the law.

Article 19 The state encourages and supports entities and individuals to participate in activities for ecological protection and high-quality development in the Yellow River Basin.

Entities and individuals that have made outstanding contributions to ecological protection and high-quality development in the Yellow River Basin shall be commended and awarded in accordance with the relevant regulations stipulated by the state.

Chapter II

Planning and Control

Article 20 The state establishes a planning system for the Yellow River Basin that is guided by the national development plan, based on the spacial plans, and supported by special and regional plans, and gives play to the leading, guiding, and binding role of planning to promote ecological protection and high-quality development in the Yellow River Basin.

Article 21 The State Council and the local people's governments at or above the county level in the Yellow River Basin shall incorporate ecological protection and high-quality development in the Yellow River Basin into their economic and social development plans.

The development and reform department under the State Council shall, in conjunction with relevant departments under the State Council, formulate a plan for ecological protection and high-quality development in the Yellow River Basin, and implement it with the approval of the State Council.

Article 22 The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, organize the preparation of a land and space plan for the Yellow River Basin to make scientific and orderly overall arrangements for agricultural, ecological, urban and other functional spaces in the Yellow River Basin, delimit permanent basic farmland, ecological protection redlines, and urban area boundaries, improve the land and space structure and layout, and take overall control of the land and space utilization tasks in the Yellow River Basin; and it shall implement the plan with the approval of the State Council. Special plans involving the use of land and space in the Yellow River Basin shall be coordinated with the land and space plan for the Yellow River Basin.

The local people's governments at or above the county level in the Yellow River Basin shall organize the preparation of the land and space plans of their respective administrative areas, and implement them after they are approved in accordance with the prescribed procedures.

Article 23 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, formulate comprehensive plans, water resources plans, and flood control plans and other plans for the Yellow River Basin in accordance with the law and the principles of unified planning, management and diversion, to make arrangements for the conservation, protection, development and utilization of water resources and the prevention and control of water hazards.

Plans for ecological and environmental protection in the Yellow River Basin, among others, shall be formulated in accordance with the relevant provisions of laws and administrative regulations.

Article 24 The formulation of the plans for national economic and social development, the master land and space plans, and major industrial policies shall be compatible with the conditions of water resources and the requirements for flood control in the Yellow River Basin, and be subject to scientific feasibility studies.

Where any special plan for the development of industry, agriculture, livestock industry, forestry and grassland, energy, transportation, tourism, natural resources, etc. or any plan for development zones or new areas in the Yellow River Basin, involves the development and utilization of water resources, it shall be subject to feasibility studies of water resources. Authorities having the power to examine and approve such plans may not approve any plan that has not undergone such studies or fails to meet the index for the mandatory restriction and control of water resources use.

Article 25 The state exercises strict control over the use of land and space in the Yellow River Basin. The department in charge of natural resources of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the land and space plans, manage the land and space in the Yellow River Basin according to different zoning and classes.

Land and space development and utilization activities in the Yellow River Basin shall comply with the requirements for land and space use control, and planning permission shall be obtained in accordance with the law for these activities.

Occupation of the permanent basic farmland in violation of the relevant regulations stipulated by the state and without the approval of the State Council shall be prohibited. Occupation of cultivated land for non-agricultural purposes without authorization shall be prohibited. Conversion of cultivated land into forest land, grassland, garden land or any other type of agricultural land shall be strictly controlled.

The local people's governments at or above the county level in the Yellow River Basin shall strictly control the construction of new artificial waterscapes in the Yellow River Basin in such forms as artificial lakes and artificial wetlands, while the Yellow River Basin Coordination Mechanism shall organize relevant departments to strengthen the supervision and administration thereof.

Article 26 The provincial people's governments in the Yellow River Basin shall, based on the ecology, environment and resource utilization in their respective administrative areas, prepare ecological and environmental zoning control plans and ecological and environmental permit lists in accordance with the requirements for ecological protection redlines, the environmental quality bottom line and the upper limit for resource utilization, and implement them after reporting to the department in charge of ecology and environment under the State Council for the record. Such control plans and access lists shall be coordinated with the spacial plans.

It is forbidden to construct or expand chemical parks and chemical projects within the control scopes from the shorelines of the main stream and tributaries of the Yellow River. It is forbidden to construct, reconstruct, or expand tailings ponds within the control scopes from the shorelines of the main stream or important tributaries of the Yellow River, except for the reconstruction for the purpose of enhancing safety or ecological and environmental protection.

The catalogue of the main stream and tributaries of the Yellow River and the control scopes from their shorelines shall be determined and published by the departments in charge of water resources, natural resources, and ecology and environment under the State Council in accordance with the division of their duties and in conjunction with the provincial people's governments in the Yellow River Basin.

Article 27 The hydropower development in the Yellow River Basin shall be subject to scientific feasibility studies and comply with the national development plans, the comprehensive plans for the Basin and the requirements of ecological protection. Where small hydropower projects that have been built in the Yellow River Basin fail to meet the requirements for ecological protection, the local people's governments at or above the county level shall organize classified rectification or take measures to gradually phase them out.

Article 28 The Yellow River Basin Administrative Authority shall coordinate the goals of flood control and silt reduction, urban and rural water supply, ecological protection, irrigation water use, hydropower generation, etc., build an integrated coordination system for water resources, water and sediment, and flood and ice jam flood control, conduct a unified operation of water controlling projects along the main stream and tributaries of the Yellow River, ensure water safety in the Basin and give full play to the comprehensive benefits of water resources.  

Chapter III

Ecological Protection and Restoration

Article 29 The state shall strengthen ecological protection and restoration in the Yellow River Basin, adhere to a holistic approach to protect and restore mountains, rivers, forests, farmlands, lakes, grasslands and deserts, and conduct systematic restoration that focuses on natural restoration and combines natural restoration with assisted restoration.

The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate plans for the ecological restoration of the land and space in the Yellow River Basin, organize the implementation of major ecological restoration projects, and coordinate and promote ecological protection and restoration in the Yellow River Basin.

Article 30 The state shall strengthen the protection of water source conservation areas of the Yellow River, as well as the glaciers on snow-capped mountains, plateau permafrost, alpine meadows, grasslands, wetlands, deserts, spring areas, etc., which serve as the sources of the main stream and tributaries of the Yellow River or are in its water source conservation areas.

It is forbidden to carry out mining, sand mining, fishing and other activities within the management areas for the rivers and lakes in the upper reaches of the Yellow River, such as the Yueguzongliequ, Gyaring Lake, Ngoring Lake, and the Madoi River-Lake Cluster, so as to maintain the natural state of the rivers and lakes.

Article 31 The State Council and the provincial people's governments in the Yellow River Basin shall, in accordance with the law, delimit public welfare forests in key ecological function areas and ecologically fragile areas, and implement strict management and protection thereof. Where supplemental irrigation is needed, water for irrigation shall be provided as appropriate within the carrying capacity of water resources.

The department in charge of forestry and grassland under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, strengthen the guidance on the protection and restoration of natural forests, wetlands and grasslands in the key ecological function areas in the Yellow River Basin and on the management of desertified land.

The local people's governments at or above the county level in the Yellow River Basin shall adopt measures such as building shelter forests, prohibiting grazing for the restoration of grassland, launching projects to prevent windstorms and fixing sand at the edge of desert, closing off desertified land for protection, and preventing and controlling rat infestation to enhance the protection and restoration of natural forests, wetlands, and grasslands in the key ecological function areas in the Yellow River Basin, prevent and control desertification on a large scale, manage desertified land in a scientific way, and launch ecological restoration projects in key areas such as the Hetao Plain, the lake shrinkage and degradation areas of the Inner Mongolia Plateau, the desertification areas of the Loess Plateau, and the Fenwei Plain.

Article 32 The state shall strengthen the prevention and control of soil erosion in key soil erosion prevention and control areas such as Ziwuling-Liupan Mountains, the northern foot of the Qinling Mountains, Helan Mountain, Baiyu Mountain and Longzhong in the Yellow River Basin, and the source areas of important tributaries of the Yellow River, such as Weihe River, Taohe River, Fenhe River, and Yiluo River. To prevent and control soil erosion, biological and engineering measures shall be taken scientifically in light of actual circumstances.

It is forbidden to reclaim land on slopes of 25° or greater for crop cultivation. The provincial people's governments in the Yellow River Basin may, in light of the actual circumstances of their respective administrative areas, forbid land reclamation on slopes of less than 25°. The areas of the steep slopes that are forbidden to be reclaimed shall be determined and made public by the local people's governments at the county level.

Article 33 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council, strengthen the protection and improvement of the ecologically fragile areas in the Yellow River Basin, such as Pisa sandstone areas, sandy and coarse sand areas, water-wind erosion crisscross areas, and areas where desert enters the rivers, assess soil erosion and water loss, and carry out key prevention and control projects.

The local people's governments at or above the county level in the Yellow River Basin shall organize and facilitate key water and soil conservation projects such as taking comprehensive measures to deal with small watersheds and slope farmland, protecting and treating the tableland of the Loess Plateau, and adopting suitable vegetation embellishment; take protective measures for the tableland, gully heads, gully slopes, and gully channels; and intensify the treatment of sandy and coarse-sand areas and make the basin ecological and clean.

The state supports whole-gully treatment in the upper and middle reaches of the Yellow River Basin. Advance planning, systematic restoration, overall protection, adoption of measures suitable to local conditions, comprehensive treatment, and integrated efforts shall be adhered to in the whole-gully treatment.

Article 34 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate standards or technical specifications for the construction and maintenance of warping dams and improve the system for their construction, management and safe operation.

The local people's governments at or above the county level in the Yellow River Basin shall organize and carry out the construction of warping dams in accordance with local conditions, move faster to reduce risks of and reinforce dangerous or dilapidated warping dams and to upgrade and renovate old warping dams, build safety monitoring and early warning facilities, incorporate warping dam flood control projects into the local flood control responsibility system, fulfill the management and protection responsibilities, improve the maintenance, and reduce siltation in the lower reaches.

It is forbidden to damage warping dams or occupy warping dams without authorization.

Article 35 It is forbidden to carry out production and construction activities that may cause soil erosion in areas in the Yellow River Basin where soil erosion is serious and the ecology is fragile. If construction must be carried out in accordance with the national development strategy to meet the needs of the economy and people's livelihoods, it shall be subject to scientific feasibility studies and go through the examination and approval procedures in accordance with the law.

Production and construction entities shall make soil and water conservation plans in accordance with the law and implement them upon approval.

Soil erosion caused by production and construction activities shall be addressed up in accordance with the relevant standards for prevention and control of soil erosion as prescribed by the state.

Article 36 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council and the people's government of Shandong Province, formulate and implement a plan for the protection of the estuary of the Yellow River, make a rational layout on the seaward flow paths of the Yellow River, strengthen the management of the estuary, ensure the smooth flow of the river into the sea and the safety of the estuary against flood and ice jam flood, conduct ecological water supplementation to the Qingshuigou and Diaokou rivers, and maintain the ecological functions of the estuary.

The departments in charge of natural resources and forestry and grassland under the State Council shall, in conjunction with the relevant departments under the State Council and the people's government of Shandong Province, organize efforts to carry out ecological protection and restoration of wetlands in the Yellow River Delta, promote in a well-regulated manner the process of returning ponds to rivers and returning farmland to wetlands or floodplain land, strengthen the prevention and control of invasive alien species, and reduce the impact of oil and gas exploration, reclamation and aquaculture, and port shipping on the ecosystems of the estuary.

It is forbidden to encroach on alternate seaward flow paths of the Yellow River, such as the Diaokou River.

Article 37 When the department in charge of water resources under the State Council defines the control indicators for the ecological flows of control sections of the main stream and important tributaries of the Yellow River and those for the ecological water levels of important lakes, it shall solicit and study the opinions of the department in charge of ecology and environment, the department in charge of natural resources and other competent departments under the State Council. When the departments in charge of water resources under the provincial people's governments in the Yellow River Basin define the control indicators for the ecological flows of other rivers and the ecological water levels of other lakes, they shall solicit and study the opinions of the departments in charge of ecology and environment, the departments in charge of natural resources and other competent departments under the people’s governments at the same level and submit the control indicators to the Yellow River Basin Administrative Authority and the Yellow River Basin Eco-Environmental Supervision and Administration Authority for the record. To determine the control indicators for ecological flows and ecological water levels, scientific feasibility studies shall be conducted with consideration given to factors such as water resources conditions, climate situations, the requirements for ecological and environmental protection, and the conditions of domestic water demand and water consumption for production purposes.

The Yellow River Basin Administrative Authority and the departments in charge of water resources under the provincial people's governments in the Yellow River Basin shall, according to the division of duties, organize the preparation and implementation of the plans for guaranteeing ecological flows and ecological water levels.

For water projects on the main stream and important tributaries of the Yellow River, the allocation of ecological water shall be incorporated into the daily operation and allocation rules.

Article 38 The state shall coordinate the establishment of a system of protected natural areas in the Yellow River Basin. The State Council and the provincial people's governments in the Yellow River Basin shall establish national parks, nature reserves, nature parks and other protected natural areas in accordance with the law in the areas with complete distribution of key typical ecosystems, ecologically and environmentally sensitive areas, areas with the natural concentration of precious and endangered wild animals and plants, important habitats of precious and endangered wild animals and plants, and important areas of natural relics in the Yellow River Basin.

Where the construction and management of protected natural areas involve the management areas of rivers and lakes, the need for the protection of rivers and lakes shall be taken into overall consideration, the requirements for flood control shall be met, and the construction and management of flood control projects shall be guaranteed.

Article 39 The department in charge of forestry and grassland and the department in charge of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin and in accordance with the division of duties, protect wild animals and plants whose population has dropped sharply or that are critically endangered in the Yellow River Basin; protect and restore severely damaged habitats, areas with natural concentration of wild animals and plants, and fragmented typical ecosystems in the Yellow River Basin, construct ex-situ conservation facilities, establish gene banks of wild animal and plant genetic resources, and carry out emergency measures for restoration.

The department in charge of ecology and environment under the State Council and the local people's governments at or above the county level in the Yellow River Basin shall organize the protection and management of biodiversity in the Yellow River Basin, and regularly assess the status of threatened organisms and the achievements made in biodiversity restoration.

Article 40 The department in charge of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments and the provincial people's governments in the Yellow River Basin, establish an evaluation system for the index of biological integrity in the Yellow River Basin, organize the integrity evaluation of aquatic organisms in the Yellow River Basin, and use the evaluation results as an important basis for assessing the overall ecosystem in the Yellow River Basin. The index of the integrity of aquatic organisms in the Yellow River Basin shall be consistent with the water environment quality standards of the Yellow River Basin.

Article 41 The state shall protect the aquatic germplasm resources and precious endangered species in the Yellow River Basin, and support the development of aquatic germplasm resource conservation areas and artificial breeding bases for wild animals under special state protection.

It is forbidden to breed and release alien species and other germplasm resources of non-native species in the open waters in the Yellow River Basin.

Article 42 The state shall strengthen ecological protection and restoration of important habitats such as spawning, feeding or wintering grounds, or migration routes for aquatic species in the Yellow River Basin. For the water-related projects that are obstructing the migration of aquatic species such as fish, various measures shall be taken to meet the ecological needs of aquatic species according to the actual circumstances, such as the construction of fish passage facilities, the connection of rivers and lakes, multiplication and release, and artificial breeding.

The state shall implement a system of closed fishing seasons in key waters in the Yellow River Basin, during which the fishing of natural fishery resources in the key waters in the Yellow River Basin is prohibited. The specific measures therefor shall be formulated by the department in charge of agriculture and rural affairs under the State Council. The local people's governments at or above the county level in the Yellow River Basin shall guarantee the livelihoods of the fishermen during the closed fishing seasons in accordance with the relevant regulations specified by the state.

Fishing activities that destroy fishery resources and the water ecology, such as electrocuting, poisoning fish, and blast fishing, shall be prohibited.

Article 43 The department in charge of water resources under the State Council shall, in conjunction with the department in charge of natural resources under the State Council, organize the demarcation of and make public the groundwater overexploitation areas in the Yellow River Basin.

The departments in charge of water resources under the provincial people's governments in the Yellow River Basin shall, in conjunction with the relevant departments of the people's governments at the same level, make plans for comprehensive treatment and control of groundwater overexploitation within their respective administrative areas, and, upon approval by the provincial people's governments, submit such plans to the department in charge of water resources under the State Council for the record.

Article 44 The local people's governments at or above the county level in the Yellow River Basin shall organize the ecological restoration of degraded agricultural land and carry out the comprehensive treatment and management of farmland.

Land in the Yellow River Basin damaged by production and construction activities shall be reclaimed by the entities that launch the production and construction projects. Where the obligor of land reclamation cannot be determined due to historical reasons or the land is damaged by natural disasters, the local people's governments at or above the county level in the Yellow River Basin shall organize the reclamation.

The local people's governments at or above the county level in the Yellow River Basin shall strengthen the supervision and administration of mines, urge the mining right holders to fulfill their responsibilities for the prevention and control of mine pollution and ecological restoration, and, according to local conditions, take various measures, such as eliminating hidden geological hazards, reclaiming land, restoring vegetation, preventing and controlling pollution, and organizing the ecological restoration of abandoned mines.