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。     

环保社会组织依法参与生物多样性保护的困难检视与路径优化

环保社会组织作为政府与公民之间的桥梁成为生物多样性保护多元参与机制的重要一环,生物多样性的内在特性与时代法治特征也推动着环保社会组织的参与。但当前环保社会组织参与生物多样性保护面临着规范体系不健全、规范运行机制不稳固、参与保护效果稳定性不足的困境,主要源于公私主体意识对立、自然资源法律体制机制未完善、环保社会组织持续能力建设有待加强三个因素,其根源在于我国对于生物多样性保护与利用的认识程度以及反映到规范政策与法律运行的适应程度。应将基于自然的解决方案作为生物多样性保护指导思路,综合包容多样利益方,优化生物多样性保护整体规制运行。具体来说,通过优化整合生物多样性保护规范体制中环保社会组织规范结构、参与运行机制、持续性功能发展机制,逐步规范环保社会组织在生物多样性规范机制中的位置与路径,从而实质推进我国生物多样性保护多元参与体制的构建与完善。     

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。     

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     

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。     

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。     

各省动态

广西壮族自治区近年在一些偏远地区相继建立14个自然保护小区,既填补了自然保护区网络空缺,又最大限度保护森林和野生动植物资源。通过中国——欧盟生物多样性项目广西西南石灰岩地区生物多样性保护项目的实施,促成了广西首批自然保护小区建立。广西分别在德保、靖西、那坡等县建立自然保护小区,保护大壁虎、苏铁、猕猴等珍贵物种。     

生物多样性保护需要整体性法律规制

正《中华人民共和国国民经济和社会发展第十四个五年规划和二〇三五年远景目标纲要》提出的"实施生物多样性保护重大工程,构筑生物多样性保护网络",明确了新时期我国生物多样性保护的工作任务。2021年4月,我国《生物安全法》的正式实施也反映出生物多样性保护在国家安全体系中的重要地位。联合国《生物多样性公约》第十五次缔约方大会今年10月也将在昆明举行,反映出我国生物多样性保护与生物安全治理工作的国际影响力与话语权的提升。当前,我国生物多样性保护除了需要以保护物种、     

环境规制减排效果的门槛效应分析

本文利用1996-2014年我国30个省份的面板数据,从行政、法律、经济和技术四个领域来刻画环境规制,实证检验了不同环境规制手段的减排效果是否具有门槛效应。研究发现,环境规制的强度确实因环境规制的手段不同而有所不同,其中,法律手段、技术手段未因地方政府的异质性表现出明显的门槛特征,而行政手段在政府规模较小（地方财力不足）地区的减排效果显著,经济手段在政府规模较大（地方财力雄厚）地区的减排效果显著。     

气候变化对生物多样性及相关人类惠益的影响与应对

全球气候变化比预期的更快,其产生的不利影响也比预期严重,物种与遗传资源丧失风险不断增加,自然生态系统面临面积缩减与功能退化的严峻威胁。生物多样性是影响生态系统过程、制约生态系统服务功能的重要因素。生物多样性降低,不利于生态系统服务质量的维持与保育,并对人类福祉与健康以及社会、经济和生态的可持续发展产生严重的负面影响。需积极推动气候变化减缓与生物多样性保护的协同应对,加强国际合作与技术经验交流,针对生物多样性保护适应气候变化的薄弱环节完善保护网络与监测预警,探索生物多样性与生态系统服务的保护和提高,以保障人类生存与发展的长期利益。     

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.     

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.     

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.     

Surface applied water treatment residuals affect bioavailable phosphorus losses in Florida sands

Water treatment residuals (WTR) can reduce runoff P loss and surface co-application of P-sources and WTR is a practical way of land applying the residuals. In a rainfall simulation study, we evaluated the effects of surface co-applied P-sources and an Al-WTR on runoff and leacheate bioavailable P (BAP) losses from a Florida sand. Four P-sources, namely poultry manure, Boca Raton biosolids (high water-soluble P), Pompano biosolids (moderate water-soluble P), and triple super phosphate (TSP) were surface applied at 56 and 224kgPha(-1) (by weight) to represent low and high soil P loads typical of P- and N-based amendments rates. The treatments further received surface applied WTR at 0 or 10gWTRkg(-1) soil. BAP loss masses were greater in leachate (16.4-536mg) than in runoff (0.91-46mg), but were reduced in runoff and leachate by surface applied WTR. Masses of total BAP lost in the presence of surface applied WTR were less than approximately 75% of BAP losses in the absence of WTR. Total BAP losses from each of the organic sources applied at N-based rates were not greater than P loss from TSP applied at a P-based rate. The BAP loss at the N-based rate of moderate water-soluble P-source (Pompano biosolids) was not greater than BAP losses at the P-based rates of other organic sources tested. The hazards of excess P from applying organic P-sources at N-based rates are not greater than observed at P-based rates of mineral fertilizer. Results suggest that management of the environmental P hazards associated with N-based rates of organic materials in Florida sands is possible by either applying P-sources with WTR or using a moderate water-soluble P-source.     

Animal Consciousness and Ethics in Asia and the Pacific

The interactions between humans, animals and the environment have shaped human values and ethics, not only the genes that we are made of. The animal rights movement challenges human beings to reconsider interactions between humans and other animals, and maybe connected to the environmental movement that begs us to recognize the fact that there are symbiotic relationships between humans and all other organisms. The first part of this paper looks at types of bioethics, the implications of autonomy and the value of being alive. Then the level of consciousness of these relationships are explored in survey results from Asia and the Pacific, especially in the 1993 International Bioethics Survey conducted in Australia, Hong Kong, India, Israel, Japan, New Zealand, The Philippines, Russia, Singapore and Thailand. Very few mentioned animal consciousness in the survey, but there were more biocentric comments in Australia and Japan; and more comments with the idea of harmony including humans in Thailand. Comparisons between questions and surveys will also be made, in an attempt to describe what people imagine animal consciousness to be, and whether this relates to human ethics of the relationships. This revised version was published online in July 2006 with corrections to the Cover Date.     

Rehabilitation and Flood Management Planning in a Steep,Boulder-Bedded Stream

This study demonstrates the integration of rehabilitation and flood management planning in a steep, boulder-bedded stream in a coastal urban catchment on the South Island of New Zealand. The Water of Leith, the primary stream flowing through the city of Dunedin, is used as a case study. The catchment is steep, with a short time of concentration and rapid hydrologic response, and the lower stream reaches are highly channelized with floodplain encroachment, a high potential for debris flows, significant flood risks, and severely degraded aquatic habitat. Because the objectives for rehabilitation and flood management in urban catchments are often conflicting, a number of types of analyses at both the catchment and the reach scales and careful planning with stakeholder consultation were needed for successful rehabilitation efforts. This included modeling and analysis of catchment hydrology, fluvial geomorphologic assessment, analysis of water quality and aquatic ecology, hydraulic modeling and flood risk evaluation, detailed feasibility studies, and preliminary design to optimize multiple rehabilitation and flood management objectives. The study showed that all of these analyses were needed for integrated rehabilitation and flood management and that some incremental improvements in stream ecological health, aesthetics, and public recreational opportunities could be achieved in this challenging environment. These methods should be considered in a range of types of stream rehabilitation projects.     

AN INDEX FOR MEASURING THE PERFORMANCE OF IRRIGATION MANAGEMENT SYSTEMS WITH AN APPLICATION1

ABSTRACT: This paper presents a statistically valid index for measuring the performance of irrigation systems. The index is applied to a sample of 39 farms on a watercourse under the warabandi system of irrigation management in India. It is found that while the farmers in fact irrigated almost exactly the total amount of irrigated area as designed, inter-farm variations were considerable. The index shows that the degree of error of managerial effectiveness of irrigation on this watercourse is 20 percent. Therefore it is concluded that the system is performing at 80 percent effectiveness.     

WATER LOSS EQUATIONS AND COEFFICIENTS TO ESTIMATE RUNOFF FROM RAINFALL1

Infiltration models are based on physical characteristics of the soil and initial soil moisture. For a given soil it is based on the initial soil moisture distribution. A computer simulation model for flood runoff systems (FH-Model) was used to analyze 39 sets of rainfall-runoff data on four small watersheds ranging in size from 17 to 342 square kilometers located in the Yamaska River basin in Quebec. From these analyses, parameters and coefficients have been determined for a water loss (infiltration) equation. A method for determining the loss parameters, using a nonlinear least square curve fitting technique, is presented. Expressions were made to relate the loss parameters to antecedent precipitation. The equations were tested on 11 storm rainfall and runoff events on a watershed located in the same region and close agreements were found.     

Vegetation dynamics in impounded marshes along the Indian River Lagoon,Florida, USA

Data are presented on the vegetation dynamics of two impounded marshes along the Indian River Lagoon, in east-central Florida, USA. Vegetation in one of the marshes (IRC 12) was totally eliminated by overflooding and by hypersaline conditions (salinities over 100 ppt) that developed there in 1979 after the culvert connecting the marsh with the lagoon was closed. Over 20% recovery of the herbaceous halophytesSalicornia virginica, S. bigelovii, andBatis maritima was observed at that site after the culvert was reopened in 1982, but total cover in the marsh remains well below the original 75%. No recovery of mangroves was observed at this site. The second site (SLC 24), while remaining isolated from the lagoon during much of the study, did not suffer the complete elimination of vegetation experienced at the first site. At this location, mangroves increased in cover and frequency with a concomitant decrease in herbaceous halophytes. Considerable damage to the vegetation was evident at IRC 12 when the impoundment was closed and flooded for mosquito control in 1986. Although the damage was temporary, its occurrence emphasizes the need of planning and constant monitoring and adjustment of management details as conditions within particular marshes change. Storms and hurricanes may be important in promoting a replacement of black mangroves by red mangroves in closed impoundments because the former cannot tolerate pneumatophore submergence for long periods of time. University of Florida-IFAS Journal Series R-00521.