生物多样性下野生动物保护名录制度研究

野生动物保护名录作为覆盖我国众多野生动物类型的法律保护形式,其既是受保护物种的集合,也是一项制度规范,一份法律清单,更是一个系统性概念。以"重点保护"为原则指引,出于对生物多样性下珍贵、濒危物种保护紧迫性的现实考虑,对名录制度制定的必要性与可行性进行了考究,重点分析了名录制度的生物多样性保护意义及目前存在的问题,并从制度设计理念转变、动态调整机制设立及推动公众保护机制形成等方面给出名录制度的完善对策,以期新时代名录能发挥好保护生物多样性的积极作用。     

论独立环境监察执法体制与机制的建构

通过实证考察可知,目前我国环境监察执法体制有自身的特点,同时也存在一些缺陷,制约了生态环境执法的有效性。独立环境监察执法体制是应对执法困境的良药,该体制具有特殊的内涵,其既具有理论基础也具有政策依据。在分析域外环境执法的经验基础上,针对我国环境执法体制存在的问题,独立环境监察执法体制与机制的建构应当遵循以下路径。首先,独立环境监察执法体制与机制的建构应当遵循合法、效能与环境执法特殊性相契合的原则。其次,建议通过保障组织机构的独立,扩充环保部门的权力,加强环境执法的财政保障以及确立环境执法的独立责任等措施构建起独立环境监察执法体制。再次,通过规范的程序机制、确立综合协调机制、强化责任追究机制、协调激励和制约机制、优化公众参与机制、探索建立环保警察制度等措施完善环境监察执法机制。最后,独立环境监察执法体制与机制需要法律保障。     

整体性治理视域下防治外来物种入侵法治研究

外来物种入侵是威胁国家生物多样性、生态安全和公众健康的重大安全问题。《生物安全法》的通过为防治外来物种入侵提供了综合性的制度规范。我国防治外来物种入侵法治实践长期以行政规制为主导,较少关注司法机关、企事业单位、社会组织和公众等法律主体在治理中的作用。行政规制治理中执法机构及其职能与管理手段的碎片化,亦无法回应高风险社会防治外来物种入侵的需要。我国防治外来物种入侵法治建设应当坚持整体性治理理念,以整体安全观为指导,坚持风险预防、防治结合,明确综合管理程序及责任法律制度和一体化协同执法机制,健全防治外来物种入侵行政规制体系;引入公众参与,形成政府、企事业单位、社会组织和公众协同治理外来物种入侵,鼓励外来物种入侵公益诉讼等,完善防治外来物种入侵的多元共治体系,共促国家生物安全治理体系。     

多中心治理下公众参与大气污染防治路径探析

动员全社会力量保护环境,积极推动公众参与环保工作,是解决环境保护问题的根本途径。运用多中心治理理论分析,发现政府治污理念陈旧、制度不健全、公众责任意识淡漠、环保社会组织弱小等,是我国大气污染治理中公众参与度低的主要原因,因此提出转变观念、完善机制、加强教育、支持和引导环保社会组织,促进公众参与的多元治理模式的形成,真正推动大气环境质量的改善。     

完善公众参与环境决策机制的法制探讨

公众参与环境决策是一项重要的公众民主权利。我国已经将环境公众参与作为一项重要的环境保护法律制度,但是由于目前我国环保法律制度的不完善,在实施公众参与环境决策机制上存在着诸多问题,本文从法制的角度探讨了公众参与环境决策的理论依据,分析和论证建立适合我国国情的公众参与环境决策制度的主要方式,并提出完善公众参与环境决策制度的建议。     

对生物剽窃国内法律规制的思考

<正>"生物剽窃"现象在各发展中国家以及落后国家愈演愈烈,在我国也存在着严重的生物遗传资源流失现象。我国于1992年通过了《生物多样性公约》,但是公约只是对生物多样性保护做了原则性规定,对于国内的法律规制缺少法律保障。我国有关生物遗传资源国内立法保护稀缺且分散。国内立法规制与国家所有权原则、惠益公平分享原则以及来源披露原则密切相关。本刊特邀请有关专家从物权法以及知识产权保护的角度,阐释应如何对生物遗传资源国内立法进行规制,以期实现国内立法的完善,并预防     

新常态下我国生态环保监管体制改革的问题与建议——国际借鉴与国内创新

我国生态环境监管体制,横向上具有统一监督管理与各部门分工负责相结合的特点,纵向上具有中央与地方的分级监督管理相结合的特点,与我国经济社会发展的水平相适应。但也存在一些问题,如横向职能分散,缺乏有效协调;纵向监管乏力,执行约束不足;社会和市场参与不足,多元共治的环保体制尚未健全。域外具有环境保护监管职能趋向独立和综合、环境保护和其他邻接领域监管职能趋向合并、环境保护职能趋向分散三类代表性体制,体现权威性加强、集中与分散相结合、强调协调与合作等发展趋势。我国生态环境监管体制改革,横向上可以赋予环保部门宏观调控、综合协调、监督执法、公共服务的职能和协调权;纵向上加强国家一级的环保监督管理能力,保障落实省一级的环保责任。为了建立自然资源节约、生态保护和污染防治统一监督管理的机制,有必要恢复设立国家和地方环境保护委员会及其办公室,明确地方各级环境保护部门的统一监督管理职责,在地方各级环境保护局内设立统一监督管理机构,优化相关领域的自然资源、生态保护和环境污染防治监管体制机制,明确专门监管与综合监管失职的责任和责任追究机制等。     

生物多样性保护规制工具更新——规范层面的分析

生物多样性保护法律的有效执行,应立足于具体规制工具的设计。生物多样性保护立法涉及三个主要法律领域——物种保育法、自然保护地法和生物安全法,从法律规范层面分析,这三个法律领域对规制工具的偏好与选择呈现出"硬者极硬,刑罚优先,软者无力"的整体格局。本文以生物多样性保护原理对现行规制工具进行检验,物种保育法和自然保护地法应以规制领域的去极端化为导向进行规制工具更新,一方面要软化甚至去除极硬规制,与此同时应建立完善行政合同、行政指导、行政奖励等柔性规制工具,赋予其可操作性,使之柔而有力。     

COP27和COP15对油气企业生物多样性保护的思考

油气企业作为化石能源生产商和生态环境保护者,面临着应对气候变化和生物多样性保护的双重挑战。第二十七次《联合国气候变化框架公约》缔约方大会(COP27)和第十五次《生物多样性公约》缔约方大会(COP15)对生物多样性保护工作进行了广泛讨论,国际社会呼吁企业采取更积极的措施。文章从COP27和COP15的生物多样性保护议题出发,通过研究国内外油气企业的实践案例,提出了加强油气企业生物多样性保护工作的建议。为实现这一目标,油气企业需加强组织机构建设,明确责任分工,与政府及社会各方共同努力,积极开展在地保护,充分利用所在地的生物多样性资源。油气企业应将生物多样性保护纳入油气开发全过程,实现油气开发与生态环境保护的双赢。     

系统性生物多样性保护法律体系的定位与构建

随着国家政策导向提出实现生物多样性整体性、系统性保护的要求,新时期背景下的生物多样性保护除了注重实现生物多样性在自然生态系统、生物物种、遗传资源(基因)三方面的协同性整体性保护以外,还强调了实现自然生态系统平衡、维护国家安全等总体性目标。在此背景下,本文建议,生物多样性保护法律体系也应当在推动立法实践、提升国家安全治理能力、整合现有立法资源等方面发挥其应有价值。从系统性的角度出发,明确法律体系贯彻生物多样性整体性保护理念、执行国家战略部署以及平衡多元化利益的应有定位,并在此基础上从整体性目标的树立、网格联动性的体系构建、合理配置现行法律制度等方面探寻系统性法律体系的构建路径,将有效发挥我国生物多样性保护法律体系在服务社会需求、回应国家政策导向等方面的制度支撑价值。     

AN APPLICATION RUNOFF MODEL STRATEGY FOR UNGAGED WATERSHEDS1

ABSTRACT: Mathematical models for predicting watershed surface flow responses are available, most of which are elaborate nonlinear numerical surface and channel flow models linked with infiltration models. Such models may be used to make predictions for ungaged areas, assuming an acceptable fitting of the model to the topography and roughness of the real system. For some application purposes, these models are impractical because of their complexity and expensive computer solutions. A procedure is developed that uses a complex model of an ungaged area to derive a simpler parametric nonlinear system model for repetitious simulation with input sequences. The predicted flow outputs are obtained with the simpler model at significant savings of money and time. The procedures for constructing a complex kinematic model of a 40 acre (161,880 m²) reference watershed and deriving the simpler system model are outlined. The results of predictions from both models are compared with a selected set of measured events, all having essentially the same initial conditions. Peak discharges ranged from 3 to 118 ft³/sec (0.085 to 3.34 m³/sec), which includes the largest event of record. The inherent limitations of lumped systems models are demonstrated, including the bias caused by their inability to model infiltration losses after rainfall ceases. Computer costs and times for the models were compared. The derived simple model has a cost advantage when repeated use of a model is required. Such an applications hydrologic model has an engineering tradeoff of reduced accuracy, and lumping bias, but is more economical for certain design purposes.     

Conversion of temperate forests into heaths: Role of ecosystem disturbance and ericaceous plants

Fire and logging in nutrient-poor temperate forests with certain ericaceous understory plants may convert the forests into heaths. The process of disturbance-induced heath formation is documented by using examples ofCalluna in western Europe,Kalmia in Newfoundland, andGaultheria (salal) in coastal British Columbia. In a cool, temperate climate, rapid vegetative growth ofCalluna, Kalmia, and salal following disturbance results in increasing organic accumulation (paludification), nutrient sequestration, soil acidification, and allelochemicals. These are thought to be the main reasons to conifer regeneration failure in disturbed habitats. If continuation in forest is a land-use objective, then temperate forests with an ericaceous understory should not be logged unless effective silvicultural methods are devised to control the ericaceous plants and restore forest regeneration. Preharvest vegetation control may be considered as an option. Failure to control the understory plants may lead to a long-term vegetation shift, from forest to heathland, particularly in nutrient-poor sites. Successful methods of controllingKalmia andGaultheria, however, have yet to be developed. While theKalmia- andGaultheria- dominated heathlands are undesirable in Canada and the Pacific Northwest, a wide range ofCalluna heathlands of western Europe are being conserved as natural and seminatural vegetation.     

BIOLOGICAL INDICATORS AND BIOLOGICAL EFFECTS OF ESTUARINE/COASTAL POLLUTION1

ABSTRACT: Sustained interest in and concern about the health status of the aquatic environment has resulted in extensive research focused on (1) effects of pollution on survival, growth, and reproduction of resource species at all life stages; (2) diseases of fish and shellfish, as they may be related to pollution and as they may serve as indicators of environmental stress; and (3) contaminant body burdens in fish and shellfish - their effects on the aquatic animals and their potential effects on humans. Effects, lethal and sublethal, of pollutants on life history stages of fish and shellfish have been documented, as have impacts on local stocks in badly degraded habitats, but as yet there has been no adequate quantitative demonstration of effects on entire aquatic species - probably because of the difficulty in sorting out relative effects of the many environmental factors that influence abundance. Sublethal effects, especially those that result in disease, have been examined intensively, and some diseases and disease syndromes have been associated statistically with pollution. Other pollution indicators (biochemical, physiological, genetic, behavioral, and ecological) have also received some attention, as have body burdens of contaminants in aquatic species. Research, especially that conducted during the past decade, has done much to clarify the many pathways and toxic effects of contaminants on aquatic animals, and has also helped to identify mechanisms for survival of fish and shellfish in the presence of environmental changes caused by human activities.     

Using Paleo Reconstructions to Improve Streamflow Forecast Lead Time in the Western United States

In water stressed regions, water managers are exploring new horizons that would help in long‐range streamflow forecasts. Oceanic‐atmospheric oscillations have been shown to influence streamflow variability. In this study, long‐lead time streamflow forecasts are made using a multiclass kernel‐based data‐driven support vector machine (SVM) model. The extended streamflow records based on tree ring reconstructions were used to provide a longer time series data. Reconstructed data were used from 1658 to 1952 and the instrumental record was used from 1953 to 2007. Reconstructions for oceanic‐atmospheric oscillations included the El Niño‐Southern Oscillation, Pacific Decadal Oscillation, Atlantic Multidecadal Oscillation, and North Atlantic Oscillation. Streamflow forecasts using all four oscillations were made with one‐year to five‐year lead times for 21 gages in the western United States. This is the first study that uses both instrumental and reconstructed data of oscillations in SVM model to improve streamflow forecast lead time. SVM model was able to provide “satisfactory” to “very good” forecasts with one‐ to five‐year lead time for the selected gages. The use of all the oscillation indices helped in achieving better predictability compared to using individual oscillations. The SVM modeling results are better when compared with multiple linear regression model forecasts. The findings are statistical in nature and are expected to be useful for long‐term water resources planning and management.     

Urban ecological systems: scientific foundations and a decade of progress

Urban ecological studies, including focus on cities, suburbs, and exurbs, while having deep roots in the early to mid 20th century, have burgeoned in the last several decades. We use the state factor approach to highlight the role of important aspects of climate, substrate, organisms, relief, and time in differentiating urban from non-urban areas, and for determining heterogeneity within spatially extensive metropolitan areas. In addition to reviewing key findings relevant to each state factor, we note the emergence of tentative "urban syndromes" concerning soils, streams, wildlife and plants, and homogenization of certain ecosystem functions, such as soil organic carbon dynamics. We note the utility of the ecosystem approach, the human ecosystem framework, and watersheds as integrative tools to tie information about multiple state factors together. The organismal component of urban complexes includes the social organization of the human population, and we review key modes by which human populations within urban areas are differentiated, and how such differentiation affects environmentally relevant actions. Emerging syntheses in land change science and ecological urban design are also summarized. The multifaceted frameworks and the growing urban knowledge base do however identify some pressing research needs.     

Neighbourhood characteristics and urban gardens in the Toledo metropolitan area: staffing and voluntarism,food production,infrastructure, and sustainability practices

Urban gardens are important sources of sustenance for communities with limited access to food. Hence, this study focuses on food production in gardens in the Toledo metropolitan area in Northwest Ohio. We administered surveys to 150 garden managers from November 2014 to February 2015 in our attempt to better understand how neighbourhood racial composition and poverty levels are related to staffing and voluntarism, food production and distribution, the development of infrastructure, and the adoption of sustainability practices in urban gardens. The results from 30 gardens are presented in this paper. We used Geographic Information Systems to map the gardens and overlay the map with 2010 census data so that we could conduct demographic analyses of the neighbourhoods in which the gardens were located. Though the gardens were small – two acres or less – up to 46 varieties of food were grown in a single garden. Gardens also operated on small budgets. Food from the gardens was gifted or shared with friends, family, and neighbourhood residents. Gardens in predominantly minority neighbourhoods tended to have fewer institutional partners, less garden infrastructure, and had adopted fewer sustainable practices than gardens in predominantly White neighbourhoods. Nonetheless, residents of predominantly minority and high-poverty neighbourhoods participated in garden activities and influenced garden operations. Volunteering and staffing were racialised and gendered.     

Journalists' views of advertiser pressures on agricultural news

All major journalism ethical codes explicitly state that journalists should protect editorial copy from undue influence by outside sources. However, much of the previous research on agricultural information has concentrated on what information various media communicate (gatekeeping studies) or communication's role in increasing innovation adoption (diffusion studies). Few studies have concentrated specifically on organizational and structural constraints that might adversely affect agricultural journalists' ethical standards; those that have, focus largely on farm magazines. A study of newspaper reporters who cover agricultural news found that the most pressing ethical concern is the effect of advertiser (agri-business) pressure on editorial copy, and that their concerns in general parallel those of farm magazine writers and editors. The majority reported being in situations in which they might be exposed to advertiser pressure, including pressures to change or withhold editorial copy. Large minorities suggested that advertising pressures affect the overall environment in which agricultural journalists work, and more than one in ten said they allow advertiser pressures to influence editorial decisions. The newspaper reporters who cover agricultural beats showed slightly more resistance to advertiser pressure than did farm magazine editors in a parallel study.     

Definition Procedures Have Little Effect on Performance of Environmental Classifications of Streams and Rivers

Mapped environmental classifications are defined using various procedures, but there has been little evaluation of the differences in their ability to discriminate variation in independent ecological characteristics. We tested the performance of environmental classifications of the streams and rivers of France that had been defined from the same environmental data using geographic regionalization and numerical classification of individual river valley segments. Test data comprised invertebrate assemblages, water chemistry, and hydrological indexes obtained from sites throughout France. Classification performance was measured by analysis of similarity (ANOSIM). Geometric regions defined by a regular grid and without regard to environmental variables and a posteriori classifications based on clustering the test datasets defined lower and upper bounds of performance for a given number of classes. Differences in classification performances were generally small. The ANOSIM statistics for the a posteriori classifications were around twice that of all environmental classifications, including geometrically defined regions. The hydro-ecoregions performed slightly better for the invertebrate data and the network classification performed slightly better for the chemistry and hydrological data. Our results indicate that environmental classifications that are defined using different procedures can be comparable in terms of their ability to discriminate variation of ecological characteristics and that alleged differences in performance arising from different classification procedures can be small relative to unexplained variation. We conclude that definition procedures might have little effect on the performance of large-scale environmental classifications and decisions over which procedures to use should be based primarily on pragmatic considerations.     

Predicting deer-vehicle collisions in an urban area

Collisions with deer and other large animals are increasing, and the resulting economic costs and risks to public safety have made mitigation measures a priority for both city and wildlife managers. We created landscape models to describe and predict deer-vehicle collision (DVCs) within the City of Edmonton, Alberta. Models based on roadside characteristics revealed that DVCs occurred frequently where roadside vegetation was both denser and more diverse, and that DVCs were more likely to occur when the groomed width of roadside right-of-ways was smaller. No DVCs occurred where the width of the vegetation-free or manicured roadside buffer was greater than 40 m. Landscape-based models showed that DVCs were more likely in more heterogeneous landscapes where road densities were lower and speed limits were higher, and where non-forested vegetation such as farmland was in closer proximity to larger tracts of forest. These models can help wildlife and transportation managers to identify locations of high collision frequency for mitigation. Modifying certain landscape and roadside habitats can be an effective way to reduce deer-vehicle collisions.     

Biodiversity and biotechnology

The maintenance of biodiversity is urged from many quarters and on grounds ranging from aesthetic considerations to its usefulness, particularly for biotechnology. But regardless of the grounds for preserving biodiversity, writers are generally in agreement that it should be preserved. But, in examining the various references biodiversity, such as species diversity, genetic diversity, and habitat diversity, it is apparent that we cannot aim to preserve biodiversityas such, since there are a number of conflicts in any such undertaking. In preserving one aspect of biodiversity, we damage another aspect. Five arguments which attempt to ground our moral concern for biodiversity are reviewed and critiqued, not only for their consistency but also for their power to move us to action. The final section of the paper shows how conflicts in the values of personal and environmental health can impair ethical action and especially policy formation.An earlier version of this paper was read at the conference on Agriculture, Food, and Human Values: Tradition and Change, Orlando, Florida, October 7–9, 1987.