(1) Definition of wetlands in the Convention on Wetlands

In the past century, many scholars at home and abroad have given different definitions of wetlands from different angles, different research purposes and different national conditions. The original meaning of the Wetlands in both English and Chinese refers to the over-wet land. The concept of wetlands can be formed by describing the characteristics of wetlands, but there is only one strict scientific definition, which is an abstraction of the essential characteristics of wetlands.

The Convention on Wetlands of International Importance, in particular as a habitat for waterfowl, signed in 1971 (the “Wetlands Convention”) gives the definition of wetlands, ie “wetlands” refers to swamps that are not natural or artificial, long-term or temporary. Ground, peatland or water zone with static or flowing freshwater, brackish water and salt water, including sea areas with a water depth of no more than 6 meters at low tide." At the same time, the Convention on Wetlands has developed a classification system for wetland types, including 42 types of natural wetlands and constructed wetlands, of which 32 are natural wetlands.

The definition of wetlands in the Convention on Wetlands is considered to be a relatively authoritative concept of wetlands, and almost all States parties have referenced or directly cited the concept of wetlands under the Convention on Wetlands. China's wetland legislation should not only follow this concept, but also define the legal concept of wetlands from the national conditions of China, the actuality of wetland conservation management, and the needs of national economic and social development.

(2) Definition of foreign wetlands

1. United States

The United States is the first country in the world to propose and use the concept of wetlands. As early as the 1950s, the first wetland survey initiated by the US Fish and Wildlife Conservation Organization used the term “wetland” and defined wetlands as: shallow water or intermittent water. Covered lowlands; lakes and ponds where emergent plants grow, but stable water bodies such as rivers, reservoirs and deep-water lakes are not included. In the late 1970s, the United States further modified the above definitions: Wetlands refer to the transition zone between terrestrial ecosystems and water ecosystems, whose groundwater level usually reaches or is close to the surface or in shallow flooding.

However, at the federal legal level, the United States has not clearly defined the legal concept of wetlands so far, but is scattered in relevant environmental laws and regulations. For example, the “Riverable Waters” concept was proposed in the Rivers and Ports Act, but the scope is too narrow. Later, with the development, the connotation of the navigable water body has been expanded, including a variety of wetland types. The Clean Water Act, amended in 1972, defines “airworthy water bodies” as “including the US water bodies within the territorial sea”.

At the state and local government levels, there are no fewer than 25 states in the United States that have enacted laws on wetland protection. Some states have adopted the definition of wetlands in the Clean Water Act in legislation on wetland protection, but overall Coastal wetlands receive more attention than inland wetlands.

2, Canada

The National Wetlands Working Group of Canada defines wetlands as land that is flooded or that has a groundwater level close to the surface, or that is infiltrated for a period of time sufficient to promote wet or water processes and is characterized by aquatic soil, aquatic vegetation, and biological activities that adapt to the humid environment. Canadian scholars believe that wetland is a type of land, the main sign is that the soil is too wet, the surface water is less than 2 meters, the soil is peat soil or the submerged marsh soil, and aquatic plants are grown.

The types of wetlands involved in the protection of wetlands in Canada include: protected areas for migratory bird habitats, terrestrial, internal water, territorial protection areas, coastal wetlands, marine habitats, fish habitats, and engineering. Mud ponds, swamps, mire and mud that require environmental assessment during implementation.

3. Japan

In Japan, the range of wetlands protected by law is very wide. Only the "Natural Park Law" stipulates that in the national parks, activities involving the water level and water quantity increase and decrease of rivers, lakes and lakes are within the water system of designated lakes and wetlands. Activities to establish sewage or wastewater facilities within or within 1 km of the surrounding waters, as well as activities for landfill or extension of wetlands, must be approved by the environmental governor or governor of the prefecture. In Japan, scholars believe that the main characteristics of wetlands are first and foremost, followed by high ground water levels, and third, soil is saturated for at least some of the year.

4, other

In its Water Law, France defines wetlands as “developed or unexploited land that is permanently or temporarily filled with fresh or salt water”, and its Wetlands Convention is cited in its Wetland Action Plan. Wetland definition.

Belgium adopts the definition of the Convention on Wetlands in the Protection of Nature and Natural Environment Order and its related decrees, although the latter applies only to wetlands of biological value;

Denmark uses the enumerated method in the Nature Protection Law to stipulate the wetland of the habitat types of wild animals and plants such as lakes, waterways, swamps, peatlands and permanent wet grasslands.

In the development of the National Environmental Action Plan, Armenia defined the scope of wetland adjustment as natural wetlands and constructed wetlands, permanent wetlands and non-permanent wetlands.

5. General characteristics of foreign wetland definition

Analysis of the definition of wetlands in foreign countries, we can find that countries and regions define the connotation and extension of their respective wetland concepts according to the actual conditions of their own or the wetlands in their own regions, and generally, in the legislation, The wetland gives a relatively abstract definition, and then adopts a positive enumeration method based on the definition, listing the various wetland types to be adjusted by the law, indicating that the type of the law is the law. Adjustments. This method of definition is more operative, and also has some flexibility and flexibility.