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。     

Understanding the Causes of Disease in European Freshwater Crayfish

Abstract:  Native European freshwater crayfish (Astacida, Decapoda) are under severe pressure from habitat alteration, the introduction of nonindigenous species, and epizootic disease. Crayfish plague, an acute disease of freshwater crayfish caused by the fungus-like agent Aphanomyces astaci , was introduced into Europe in the mid-nineteenth century and is responsible for ongoing widespread epizootic mortality in native European populations. We reviewed recent developments and current practices in the field of crayfish pathology. The severity of crayfish plague has resulted in an overemphasis on it. Diagnostic methods for detecting fungi and fungal-like agents, and sometimes culturing them, are frequently the sole techniques used to investigate disease outbreaks in European freshwater crayfish. Consequently, the causes of a significant proportion of outbreaks are undetermined. Pathogen groups well known for causing disease in other crustaceans, such as viruses and rickettsia-like organisms, are poorly understood or unknown in European freshwater crayfish. Moreover, the pathogenic significance of some long-known pathogens of European freshwater crayfish remains obscure. For effective management of this culturally significant and threatened resource, there is an urgent need for researchers, diagnosticians, and resource managers to address the issue of disease in European freshwater crayfish from a broader perspective than has been applied previously.     

How to Build an Efficient Conservation Fence

Abstract:  Barriers are used to achieve diverse objectives in conservation and biosecurity. In conservation management, fences are often erected to exclude introduced predators and to contain diseased animals or invasive species. Planning an efficient conservation fence involves a number of decisions, including the size and design of the enclosure. We formulated the first general framework for building a fence that minimizes long-term management costs by balancing the expense of constructing a more secure barrier against the costs of coping with more frequent failures. The approach systematically considers the range of potential solutions to a well-defined fencing problem and results in a solution that maximizes conservation return on investment. We illustrated this method by designing efficient fences to address two different conservation goals: exclusion of invasive predators from populations of threatened eastern barred bandicoots ( Perameles gunnii ) and maintenance of isolated populations of healthy Tasmanian devils ( Sarcophilus harrisii ). A systematic approach to conservation fencing allows the best fence design to be chosen quantitatively and defensibly. It also facilitates conservation decisions at a strategic level by allowing fencing to be compared transparently with alternative conservation management actions.     

Eradication of Invasive Mammals on Islands Inhabited by Humans and Domestic Animals

Abstract: Non‐native invasive mammal species have caused major ecological change on many islands. To conserve native species diversity, invasive mammals have been eradicated from several islands not inhabited by humans. We reviewed the challenges associated with campaigns to eradicate invasive mammals from islands inhabited by humans and domestic animals. On these islands, detailed analyses of the social, cultural, and economic costs and benefits of eradication are required to increase the probability of local communities supporting the eradication campaign. The ecological benefits of eradication (e.g., improvement of endemic species’ probability of survival) are difficult to trade‐off against social and economic costs due to the lack of a common currency. Local communities may oppose an eradication campaign because of perceived health hazards, inconvenience, financial burdens, religious beliefs, or other cultural reasons. Besides these social challenges, the presence of humans and domestic animals also complicates eradication and biosecurity procedures (measures taken to reduce the probability of unwanted organisms colonizing an island to near zero). For example, houses, garbage‐disposal areas, and livestock‐feeding areas can provide refuges for certain mammals and therefore can decrease the probability of a successful eradication. Transport of humans and goods to an island increases the probability of inadvertent reintroduction of invasive mammals, and the establishment of permanent quarantine measures is required to minimize the probability of unwanted recolonization after eradication. We recommend a close collaboration between island communities, managers, and social scientists from the inception of an eradication campaign to increase the probability of achieving and maintaining an island permanently free of invasive mammals.     

A weed risk assessment model for use as a biosecurity tool evaluating plant introductions

New plant taxa from around the world continue to be imported into Australia and New Zealand. Many of these taxa have the potential to become agricultural or environmental weeds and this risk needs to be assessed before allowing their entry. A weed risk assessment system is described that uses information on a taxon's current weed status in other parts of the world, climate and environmental preferences, and biological attributes. The system is designed to be operated by quarantine personnel via a user-friendly computer interface.The model was tested against experts' scores for weediness for 370 taxa present in Australia, representing both weeds and useful taxa from agriculture, the environment, and other sectors. The model was judged on its ability to correctly ‘reject’ weeds, ‘accept’ non-weeds, and generate a low proportion of taxa which could not be decisively categorised, termed ‘evaluate’. More than 70% of the taxa were rejected or accepted. All taxa classified as serious weeds, and most minor weeds, were rejected or required further evaluation, while only 7% of non-weeds were rejected. The model was modified to New Zealand conditions and evaluated against the opinions of several groups of experts and against economic measures. The model produced a weediness score very similar to the mean of the experts scores. The latter were highly variable: agriculturalists tended to accept known weeds, conservationists tended to reject most adventive taxa, and only botanists produced scores similar to the model. The model scores also tended to be independent of economic value as measured in this study. The model could be adapted for use as a screening tool in any region of the world.     

风险预防背景下的外来物种入侵法律规制

随着世界经济贸易的发展,外来物种入侵成为威胁生物多样性、公众健康,甚至生态安全和国家安全的重大问题。我国目前在外来物种入侵相关立法方面存在立法理念滞后、调整范围欠充分、监管碎片化、法律制度缺失且责任追究机制单一等问题,无法有效回应高风险社会对外来物种入侵的防范。在国内外相关制度经验总结的基础上,我国防治外来物种入侵的相关法律法规应在《生物安全法》的指导下,确立整体生态安全理念,采取风险预防原则,健全外来物种风险评估、引种许可证、全过程跟踪监测、公众参与和法律责任制度,优化外来物种风险管理机制,促进生物安全治理体系进一步完善。     

环境法视域下的生物安全风险规制

生物安全领域的环境风险包括科技风险、生态风险和环境健康风险三种类型。我国目前尚未形成健全的生物安全风险规制制度体系,科技风险规制机制不健全、生态风险规制忽视生物多样性保护、环境健康风险规制领域尚存空白等问题依然存在。为此,应确立多元化的立法目的体系,推动风险规制的类型化制度安排,有效衔接生物安全立法与环境保护法律规范,以最大限度地预防和降低生物安全风险可能带来的损害。     

生物安全实验室废水处理系统设计探究

通过对生物安全实验室废水特性的分析,选择了适合处理废水中病原微生物含量大的工艺,以此构建了一套废水处理系统,并设计了处理流程、处理设备及控制体系。应用清水对该系统做运行模拟试验,结果表明,这套处理系统的设备、电路控制体系及加温装置的运行一切正常,能够满足生物安全实验室的要求。     

Importance of greater interdisciplinarity and geographic scope when tackling the driving forces behind biological invasions

Invasive non-native species are important drivers of ecosystem change, yet the driving forces of biological invasions themselves are poorly understood. Such information is essential to ensure policies focus on the most relevant drivers, and that future scenarios capture the full range of potential outcomes for invasive non-native species. I carried out a bibliometric analysis of articles published from 2000 to 2020 that address either invasive non-native species or biodiversity and ecosystem services and that also mention 1 or more drivers of ecosystem change. I examined 5 indirect drivers (demographic, economic, governance, sociocultural, and technological) and 6 direct drivers (climate change, invasive non-native species, land-use or sea-use change, natural hazards, pollution, and resource extraction). Using the Web of Science core collection of citation indexes, I undertook searches of article titles and keywords and retrieved 27,462 articles addressing invasive non-native species and 110,087 articles dealing with biodiversity or ecosystem services. Most research to date on biological invasions as well as on biodiversity and ecosystem services has focused on anthropogenic direct drivers of ecosystem change rather than indirect drivers. Yet currently, less than 18% of articles addressing biological invasions examined drivers of ecosystem change, a similar level to that found over 20 years ago for biodiversity or ecosystem services. Knowledge of the drivers of biological invasions is limited, emphasizes tractable drivers over those that require an interdisciplinary approach, and is biased toward developed economies. Drivers generally deemed important for biological invasions, such as governance and resource extraction, accounted for less than 2% of research effort. The absence of a systematic understanding of the forces that drive invasive non-native species and how they interact means that attempts to mitigate or forecast biological invasions are likely to fail. To address biological invasions requires a much better orientation of national and international research on drivers in relation to both their actual importance as well as their policy relevance.     

试论生物安全“入典”之立法选择与规范表达

环境法典编纂背景下，生物安全是否纳入环境法典成为亟待解决的现实问题。就生物安全的概念而言，国际法采用狭义概念，国内法采用广义概念，单从任一概念与环境法的关系判断，生物安全“入典”貌似成了伪命题。但生物安全概念的国际法与国内法差异中蕴含着生物多样性保护和维持生态系统可持续发展的概念内涵，在生物安全与环境法典之间建立起沟通的桥梁。目前，生物安全具体领域专门立法的缺失以及环境法典体系化的需求，决定了生物安全必须纳入环境法典。生物安全与环境保护之间的关联性以及现有的国内、国际立法，为生物安全纳入环境法典提供了可能。当下国内法规定的广义的生物安全概念决定了其无法全部纳入环境法典，只能筛选旨在保护生物多样性与生态平衡，属于环境法传统核心领域的生物安全事项，以嵌入的方式纳入自然生态保护编。环境法典无法涵盖的生物安全事项，宜设置引致条款指向单行法的规定。