Yellow River Protection Law of the People's Republic of China
Order of the President of the People's Republic of China
(No. 123)
The Yellow River Protection Law of the People's Republic of China, as adopted at the 37th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 30, 2022, is hereby issued, and shall come into force on April 1, 2023.
Xi Jinping, President of the People's Republic of China
October 30, 2022
Yellow River Protection Law of the People's Republic of China
(Adopted at the 37th Session of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022)
Table of Contents
Chapter I General Provisions
Chapter II Planning and Control
Chapter III Ecological Protection and Restoration
Chapter IV Conservation and Intensive Utilization of Water Resources
Chapter V Water and Sediment Control and Flood Control Safety
Chapter VI Pollution Prevention and Control
Chapter VII Promoting High-Quality Development
Chapter VIII Protection, Inheritance, and Promotion of the Yellow River Culture
Chapter IX Guarantee and Supervision
Chapter X Legal Liability
Chapter XI Supplemental Provisions
Chapter I General Provisions
Article 1 This Law is developed for the purposes of strengthening the protection of the ecology and environment of the Yellow River basin, guaranteeing the safety of the Yellow River, promoting the conservation and intensive utilization of water resources, driving high-quality development, protecting, inheriting, and promoting the Yellow River culture, and realizing the harmonious coexistence between man and nature and the sustainable development of the Chinese nation.
Article 2 This Law shall apply to various activities of ecological protection and high-quality development in the Yellow River basin. If they are not provided for in this Law, the provisions of other relevant laws shall apply.
For the purposes of this Law, the term “Yellow River basin” means the relevant administrative regions at the county level of Qinghai Province, Sichuan Province, Gansu Province, Ningxia Hui Autonomous Region, Inner Mongolia Autonomous Region, 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 ecological protection and high-quality development of the Yellow River basin shall adhere to the leadership of the Communist Party of China, satisfy the requirements of focusing on protection and governance, strengthen pollution prevention and control, and carry out the principles of giving priority to ecological conservation and green development, operating according to water volume, focusing on water conservation, adopting measures suitable to local conditions, implementing classified policies, making overall planning, and promoting coordinated development.
Article 4 The state shall establish an overall coordination mechanism for the ecological protection and high-quality development of the Yellow River basin (hereinafter referred to as the “Yellow River basin coordination mechanism”) to comprehensively guide and coordinate the ecological protection and high-quality development of the Yellow River basin, deliberate on major policies, plans, and projects, among others, in the Yellow River basin, coordinate major trans-regional and inter-departmental issues, and urge and inspect the implementation of relevant important work.
Provinces and autonomous regions in the Yellow River basin may, as needed, establish a provincial-level coordination mechanism to organize and coordinate the promotion of the ecological protection and high-quality development of the Yellow River basin within their respective administrative regions.
Article 5 The relevant departments of the State Council shall, according to the division of duties, take charge of the work relating to the ecological protection and high-quality development of the Yellow River basin.
The Yellow River Conservancy Commission of the department of water resources of the State Council (hereinafter referred to as the “Yellow River basin management agency”) and its subordinate management agencies shall legally perform their duties of water resources supervision and administration in the Yellow River basin, and provide support and guarantee for the work relating to the Yellow River basin coordination mechanism.
The institution in charge of the supervision and administration of ecology and environment in the Yellow River basin of the department of ecology and environment of the State Council (hereinafter referred to as the “institution in charge of the supervision and administration of ecology and environment in the Yellow River basin”) shall carry out the work relating to the supervision and administration of the ecology and environment of the Yellow River basin in accordance with the law.
Article 6 The local people's government at or above the county level in the Yellow River basin shall take charge of the ecological protection and high-quality development of the Yellow River basin within its administrative region.
The relevant departments of the local people's government at or above the county level in the Yellow River basin shall, according to the division of duties, be responsible for the work relating to the ecological protection and high-quality development of the Yellow River basin within the administrative region.
The relevant local authorities in the Yellow River basin shall strengthen cooperation in such aspects as the formulation of local regulations and local government rules, preparation of plans, and supervision and law enforcement as needed, so as to jointly promote the ecological protection and high-quality development of the Yellow River basin.
A joint conference system among provincial river and lake chiefs shall be established in the Yellow River basin. River and lake chiefs at all levels shall be responsible for the work relating to the management and protection of rivers and lakes.
Article 7 The departments 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, standardization, and other competent departments of the State Council shall, according to the division of their duties, establish a sound system of standards for the conservation and intensive utilization of water resources, water and sediment control, flood prevention and drought relief, water and soil conservation, hydrology, water environment quality and pollutant discharge, ecological protection and restoration, surveys, monitoring, and evaluation of natural resources, biodiversity conservation, and protection of cultural heritage, among others, in the Yellow River basin.
Article 8 The state shall implement the system of water resources-based rigid restraints in the Yellow River basin, adhere to the principle of planning urban development, land use, population, and production based on water resources, optimize the layout of territorial space development and protection, promote the scientific and reasonable layout of population and cities, and build modern industry systems compatible with the carrying capacity of water resources.
The local people's government at or above the county level in the Yellow River basin shall, in accordance with the relevant provisions issued by the state, organize the implementation of the system of water resources-based rigid restraints within its administrative region.
Article 9 The state shall strengthen agricultural water conservation and efficiency enhancement, industrial water conservation and emission reduction, and urban water conservation and loss reduction measures in the Yellow River basin, encourage and promote the use of advanced water-saving technologies, accelerate the formation of water-saving production and life styles, effectively realize the conservation and intensive utilization of water resources, and promote the construction of a water conservation society.
Article 10 The state shall coordinate the development of systems for the flood control of the main stream and tributaries of the Yellow River, strengthen the coordination of the flood control system within the river basin and among river basins, promote joint efforts in flood control, drought relief, and ice flood control of the upper, middle, and lower reaches of the Yellow River, build a scientific and efficient comprehensive system for flood control and disaster mitigation, and organize assessment in due time, to effectively enhance the capacity of the Yellow River basin to prevent and control flood, waterlogging, and other disasters.
Article 11 The department of natural resources of the State Council shall, in conjunction with other relevant departments of the State Council, organize on a periodical basis surveys of natural resources, such as land, minerals, water flows, forests, grasslands, and wetlands in the Yellow River basin, establish a basic resource database, evaluate the carrying capacity of resources and the environment, and release to the public the status of natural resources in the Yellow River basin.
The wildlife protection department of the State Council shall, on a periodical basis, organize general surveys of wildlife and their habitats in the Yellow River basin, or organize special surveys as needed, establish wildlife resource archives, and release to the public the status of wildlife resources in the Yellow River basin.
The department of ecology and environment of the State Council shall, on a periodical basis, organize the assessment of ecological conditions in the Yellow River basin and release to the public ecological conditions in the Yellow River basin.
The department of forestry and grassland of the State Council shall, in conjunction with the relevant departments of the State Council, organize the surveys and monitoring of land desertification in the Yellow River basin, and release to the public the results of such surveys and monitoring on a periodical basis.
The department of water resources of the State Council shall organize the surveys and monitoring of soil erosion in the Yellow River basin and release to the public the results of such surveys and monitoring on a periodical basis.
Article 12 Under the Yellow River basin coordination mechanism, the relevant departments of the State Council and the provincial people's governments in the Yellow River basin shall be coordinated to improve the monitoring network system for the ecology and environment, natural resources, hydrology, sediment, desertification, water and soil conservation, natural disasters, and meteorology, among others, in the Yellow River basin based on existing stations and monitoring projects.
The relevant departments of the State Council and the local people's governments at and above the county level in the Yellow River basin and their relevant departments shall, according to the division of duties, improve the ecological and environmental risk reporting and early warning mechanisms.
Article 13 The state shall strengthen the construction of the system of natural disaster prevention and emergency preparedness, monitoring and early warning, emergency disposal and rescue, and post-disaster recovery and reconstruction in the Yellow River basin, maintain the safety of relevant projects and facilities, and control, mitigate, and eliminate the damage caused by natural disasters.
The department of ecology and environment of the State Council shall, in conjunction with the relevant departments of the State Council and the provincial people's governments in the Yellow River basin, establish a sound working mechanism for joint response to ecological and environmental emergencies in the Yellow River basin as part of the national emergency response system, to strengthen the management of response to ecological and environmental emergencies in the Yellow River basin.
Under any circumstance such as severe drought, low flow emergency at cross-provincial or key control sections, failure of reservoir operation, or major water pollution, which is likely to cause a water supply crisis or drying up of the Yellow River, the Yellow River basin management agency shall organize emergency allocation.
Article 14 Under the Yellow River basin coordination mechanism, an expert advisory committee for the ecological protection and high-quality development of the Yellow River basin shall be established to provide professional consultation on major policies, plans, projects, and scientific and technological issues, among others, in the Yellow River basin.
The relevant departments of the State Council and the provincial people's governments in the Yellow River basin and their relevant departments shall, according to the division of duties, organize such work as the third-party assessment, analysis, and demonstration of the impact of construction projects, important infrastructure, and industrial layout plans in the Yellow River basin on the ecosystem of the Yellow River basin.
Article 15 Under the Yellow River basin coordination mechanism, the efforts of relevant departments of the State Council and provincial people's governments in the Yellow River basin shall be coordinated to establish a sound Yellow River basin information sharing system, organize the establishment of an intelligent Yellow River information sharing platform, and enhance the scientific level. The relevant departments of the State Council and the provincial people's governments of the Yellow River basin and their relevant departments shall, in accordance with the relevant provisions issued by the state, share the information on the ecology and environment, natural resources, water and soil conservation, flood control safety, and management and law enforcement, among others, in the Yellow River basin.
Article 16 The state shall encourage and support research on major scientific and technological issues in such aspects as ecological protection and restoration, conservation and intensive utilization of water resources, water and sediment movement and control, desertification prevention and control, comprehensive use of sediment, river dynamics and riverbed evolution, water and soil conservation, hydrology, climate, and pollution prevention and control in the Yellow River basin, strengthen cooperation in innovation, push forward the research on key technologies, promote the application of advanced and applicable technologies, and enhance the capacity to support scientific and technological innovation.
Article 17 The state shall strengthen the protection, inheritance, and promotion of the Yellow River culture, systematically protect the cultural heritage of the Yellow River, study the development context of the Yellow River culture, elaborate on the spiritual connotation and era value of the Yellow River culture, and forge a strong sense of community among the Chinese people.
Article 18 The relevant departments of the State Council and the local people's governments at and above the county level in the Yellow River basin and their relevant departments shall strengthen publicity and education on the ecological protection and high-quality development of the Yellow River basin.
News media shall publicize and report the ecological protection and high-quality development of the Yellow River basin in various forms and supervise the illegal acts by public opinions in accordance with the law.
Article 19 The state shall encourage and support the participation of entities and individuals in the activities relating to the ecological protection and high-quality development of the Yellow River basin.
Entities and individuals that have made prominent contributions to the ecological protection and high-quality development of the Yellow River basin shall be commended and rewarded in accordance with the relevant provisions issued by the state.
Chapter II Planning and Control
Article 20 The state shall establish a planning system for the Yellow River basin that is guided by the national development plan, based on spatial plans, and supported by special and regional plans, and maximize the leading, guiding, and restricting role of planning to promote the ecological protection and high-quality development of the Yellow River basin.
Article 21 The State Council and the local people's governments at and above the county level in the Yellow River basin shall incorporate the ecological protection and high-quality development of the Yellow River basin into national economic and social development plans.
The development and reform department of the State Council shall, in conjunction with the relevant departments of the State Council, prepare plans for the ecological protection and high-quality development of the Yellow River basin, and shall implement these plans with the approval of the State Council.
Article 22 The department of natural resources of the State Council shall, in conjunction with the relevant departments of the State Council, organize the preparation of territorial space plans for the Yellow River basin to make overall arrangements for agricultural, ecological, urban, and other functional spaces of the Yellow River basin in a scientific and well-regulated manner, delimit permanent basic farmland, ecological protection red lines, and urban development boundaries, improve the territorial space structure and layout, and take overall control of territorial space utilization tasks in the Yellow River basin; and it shall implement these plans with the approval of the State Council. Special plans involving the use of territorial space in the Yellow River basin shall be coordinated with the territorial space plans in the Yellow River basin.
The local people's government at or above the county level in the Yellow River basin shall organize the preparation of territorial space plans for its administrative region and implement them after they are approved according to the prescribed procedures.
Article 23 The department of water resources of the State Council shall, in conjunction with the relevant departments of the State Council and provincial people's governments in the Yellow River basin, and under the principles of unified planning, management, and allocation, legally make comprehensive plans, water resource plans, and flood control plans, among others, for the Yellow River basin, and make arrangements on the conservation, protection, development, and utilization of water resources and the prevention and treatment of water disasters.
The plans for the protection of ecology and environment in the Yellow River basin, among others, shall be made in accordance with the provisions of applicable laws and administrative regulations.
Article 24 The formulation of national economic and social development plans, overall territorial 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 demonstration.
Water resource demonstration shall be conducted if any special plan concerning the industry, agriculture, animal husbandry, forestry and grassland, energy, transport, tourism, or the development of natural resources, among others, or any plan of development zones or new areas in the Yellow River basin, involves the development and utilization of water resources. The plan approval organ shall not approve the plan that has not been demonstrated or fails to meet the compulsory restrictive control indicators for water resources upon demonstration.
Article 25 The state shall strictly control the use of territorial space in the Yellow River basin. The department of natural resources of the local people's government at or above the county level in the Yellow River basin shall, according to territorial space plans, carry out zoning and classified use control over the territorial space in the Yellow River basin within its administrative region.
The development and use of territorial space in the Yellow River basin shall comply with the requirements for territorial space use control, and planning licensing shall be obtained in accordance with the law.
The occupation of permanent basic farmland in violation of the relevant provisions issued by the state or without the approval of the State Council is prohibited. The occupation of cultivated land for non-agricultural construction without permission is prohibited, and the conversion of cultivated land to forest land, grassland land, garden land, or any other type of agricultural land shall be strictly controlled.
The local people's government at or above the county level in the Yellow River basin shall strictly control new artificial water landscapes in such forms as artificial lakes and artificial wetlands in the Yellow River basin. Under the Yellow River basin coordination mechanism, the relevant departments shall be organized to strengthen supervision and administration.
Article 26 The provincial people's government in the Yellow River basin shall, in light of the status of ecology and environment and resource utilization of its administrative region and according to the requirements for the red line of ecological protection, the bottom line of environmental quality, and the upper limit of resource utilization, prepare ecological and environmental zoning control plans and ecological and environmental access lists, and implement them after reporting them to the department of ecology and environment of the State Council for recordation. The ecological and environmental zoning control plans and ecological and environmental access lists shall be coordinated with the territorial space plans.
The new construction or expansion of chemical parks and chemical projects within the control scope from the shorelines of the main stream and tributaries of the Yellow River is prohibited. The new construction, reconstruction, or expansion of tailings ponds within the control scope from the shoreline of the main stream of the Yellow River or the shorelines of important tributaries is prohibited, except for reconstruction for the purpose of improving safety and ecological and environmental protection.
The catalogue of main stream and tributaries and the shoreline control area shall be determined and published by the departments of water resources, natural resources, and ecology and environment of the State Council according to the division of their duties and in conjunction with the provincial people's governments in the Yellow River basin.
Article 27 The hydropower development of the Yellow River basin shall be subject to scientific demonstration and comply with national development plans, comprehensive basin plans, and the requirements for ecological protection. If small hydropower projects that have been built in the Yellow River basin fail to satisfy the requirements for ecological protection, the local people's government at or above the county level shall organize classified rectification or take measures to gradually phase them out.
Article 28 The Yellow River basin management agency shall arrange as a whole the objectives of flood control and silt reduction, water supply in urban and rural areas, ecological protection, water for irrigation, and hydropower generation, among others, build a comprehensive control system for water resources, water and sediment, and flood and ice flood control, and conduct the unified operation of the controlling water projects in the main stream and tributaries of the Yellow River, to ensure water safety in the Yellow River basin, and maximize 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, adopt a holistic approach to protecting and restoring mountains, rivers, forests, farmlands, lakes, grasslands, and deserts, and conduct systematic governance by focusing on natural restoration and combining natural restoration with artificial restoration.
The department of natural resources of the State Council shall, in conjunction with the relevant departments of the State Council, formulate plans for the ecological restoration of territorial 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 conservation areas of the Yellow River basin, as well as the glaciers, plateau permafrost, alpine meadows, grasslands, wetlands, deserts, and spring areas, among others, in the headwaters and water conservation areas of the main stream and tributaries of the Yellow River.
Such activities as mining, sand mining, and fishing within the range of management of the rivers and lakes, such as Yueguzongliequ, Zhaling Lake, Eling Lake, and lakes and rivers in Maduo in the upper reaches of the Yellow River, are prohibited, so as to maintain the natural state of rivers and lakes.
Article 31 The State Council and provincial people's governments in the Yellow River basin shall, in accordance with the law, delimit public welfare forests in important ecologically functional areas and ecologically fragile areas, and conduct strict management and protection. If supplementary irrigation is needed, water for irrigation shall be rationally allocated within the carrying capacity of water resources.
The department of forestry and grassland of the State Council shall, in conjunction with the relevant departments of the State Council and 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 important ecologically functional areas of the Yellow River basin and on the control of desertified land.
The local people's governments at and above the county level in the Yellow River basin shall take measures such as building shelter forests, prohibiting grazing for restoration of grassland, fixing sand with engineering projects at the edge of sandy lands, closing off desertified land for protection, and rodent control to enhance the protection and restoration of natural forests, wetlands, and grasslands in the important ecologically functional areas of the Yellow River basin, carry out large-scale desertification prevention and control, scientifically control desertified land, and shall implement ecological restoration projects in key areas such as Hetao Plain Area, lake atrophy and degradation zones of the Inner Mongolia Plateau, desertified area of the Loess Plateau, and Fenwei Plain Area.
Article 32 The state shall strengthen the prevention of soil erosion in key prevention areas and treatment areas of soil erosion such as Ziwuling-Liupan Mountains, the northern foot of Qinling Mountains, Helan Mountain, Baiyu Moutain, and Longzhong in the Yellow River basin and the source areas of its important tributaries including Wei River, Tao River, Fen River, and Yiluo River, among others. To prevent and control soil erosion, biological and engineering measures shall be taken scientifically according to the actual circumstances.
The reclamation of steep slope land with a slope of over 25 degrees for the cultivation of crops is prohibited. The provincial people's government of the Yellow River basin may, in light of the actual circumstances of its administrative region, prescribe the reclamation-forbidden slope of below 25 degrees. The area of the reclamation-forbidden steep slope land shall be determined and announced by the local people's government at the county level.
Article 33 The department of water resources of the State Council shall, in conjunction with the relevant departments of the State Council, strengthen the protection and treatment of ecologically fragile areas in the Yellow River basin, including Pisha sandstone areas, sandy and coarse sandy areas, wind-water erosion crisscross areas, and inlets of deserts into rivers, assess soil erosion, and conduct key prevention and control projects.
The local people's government at or above the county level in the Yellow River basin shall organize and promote key water and soil conservation projects such as the comprehensive treatment of small river basins, comprehensive improvement of slope farmland, control and protection of the tableland of Loess Plateau and suitable vegetation construction, take protective measures for the tableland, gully heads, gully slopes, and gullies, strengthen the treatment of sandy and coarse sandy areas, and develop the ecological clean basin.
The state shall support whole-gully control in the upper-middle reaches of the Yellow River basin. Advance planning, systematic restoration, overall protection, adoption of measures suitable to local conditions, comprehensive control, and integrated promotion shall be adhered to in the whole-gully control.
Article 34 The department of water resources of the State Council shall, in conjunction with the relevant departments of the State Council, formulate standards or technical specifications for the construction and maintenance of warp land dams and improve the system for the construction, management, and safe operation of warp land dams.
The local people's government at or above the county level in the Yellow River basin shall organize and carry out the construction of warp land dams according to local conditions, accelerate the reinforcement of dangerous warp land dams and the upgrading and renovation of old warp land dams, construct safety monitoring and early warning facilities, include warp land dam flood control projects in the local flood control responsibility system, fulfill the management and protection responsibility, improve the maintenance level, and reduce siltation in the lower reaches of the river.
The destruction and illegal occupation of warp land dams are prohibited.
Article 35 Production and construction activities that may cause soil erosion in the areas of the Yellow River basin where soil erosion is serious and the ecology is fragile are prohibited. If construction must be carried out in accordance with the national development strategy to meet the needs of the economy and people's livelihood, it shall be scientifically demonstrated and the approval formalities shall be undergone in accordance with the law.
The entities that launch the production and construction projects shall make water and soil conservation plans in accordance with the law and strictly implement them upon approval.
Soil erosion caused by production and construction activities shall be controlled in accordance with the standards for the prevention and control of soil erosion as prescribed by the state.
Article 36 The department of water resources of the State Council shall, in conjunction with the relevant departments of the State Council and the People's Government of Shandong Province, formulate and implement a plan for the improvement of the estuary of the Yellow River, make a rational layout on the Yellow River flow paths to the sea, strengthen the management of estuary of the Yellow River, ensure smooth river courses to the sea and safety of flood control and ice flood control at the estuary, conduct ecological water supplementation to Qingshui Gully and Diaokou River, and maintain ecological functions at the estuary.
The departments of natural resources and forestry and grassland of the State Council shall, in conjunction with the relevant departments of 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 cultivated land to wetland or flood-land, strengthen the control of invasive exotic species, and reduce the impact of oil and gas exploration, reclamation and aquaculture, port shipping, and other activities on the ecosystems of the estuary.
The occupation of alternate flow paths of the Yellow River to the sea, including the Diaokou River is prohibited.
Article 37 The department of water resources of the State Council shall determine the control indicators for the ecological flow of control sections of main stream and important tributaries of the Yellow River and for the ecological water level of important lakes, and solicit and deliberate on the opinions of the ecology and environment, natural resources, and other competent departments of the State Council. The department of water resources of the provincial people's government in the Yellow River basin shall determine the control indicators for the ecological flow of other rivers and for the ecological water level of other lakes, solicit and deliberate on the opinions of the departments of ecology and environment, natural resources, and other competent departments of the people's government at the same level, and report them to the Yellow River basin management agency and the institution in charge of the supervision and administration of ecology and environment in the Yellow River basin for recordation. To determine the control indicators for ecological flow and ecological water level, scientific demonstration shall be conducted by taking into comprehensive consideration such factors as water resource conditions, climate conditions, the requirements for the protection of ecology and environment, and the conditions of domestic water use and water use for production.
The Yellow River basin management agency and the department of water resources of the provincial people's government in the Yellow River basin shall, according to the division of duties, organize the preparation and implementation of the plan for guaranteeing ecological flow and ecological water level.
The water projects on the main stream and important tributaries of the Yellow River shall incorporate ecological water allocation into the daily operation scheduling rules.
Article 38 The state shall coordinate the construction of a protected natural area system in the Yellow River basin. The State Council and 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 the complete distribution of important typical ecosystems, ecologically and environmentally sensitive areas, areas with the natural concentrations of precious and endangered wild animals and plants, important habitats, and important areas of natural relics in the Yellow River basin.
Where the construction and management of protected natural areas involve the range of management 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 departments of forestry and grassland and agriculture and rural affairs of the State Council shall, in conjunction with the relevant departments of the State Council and provincial people's governments in the Yellow River basin and according to their respective duties, protect and restore wild animals and plants of which the number has a sharp decline or that are critically endangered, severely damaged habitats......