The "alligator eel" is not good at how to stop invasive alien species

■ Editor's Note

Recently, a huge arrest operation has frequently pushed the crocodile eel, which was little known in the past, on the major news hot search lists. How to control invasive alien species has also become a hot topic.

In fact, before that, invasive alien species appeared in the public eye from time to time, and have brought a threat to the ecological environment and public health of the mainland. In today's increasingly close state-to-state exchanges, to prevent and control invasive alien species, it is necessary to weave a tight web of laws, and at the same time make supervision effective, effective, and continue to play a role.

In this issue, starting from the source of invasive alien species, we explored many aspects of the prevention and control of invasive alien species, and interviewed a number of biological experts and legal experts in order to provide suggestions and references for improving the relevant systems.

"Rule of Law Weekend" reporter Meng Wei

Not long ago, the management of the city park in Ruzhou City, Henan Province, spent nearly a month draining the lake in order to catch the long-billed "strange fish", and finally caught two crocodile eels in the culvert. The whole process attracted more than 30 million netizens to watch.

In fact, not only in Ruzhou, but also in many places recently found crocodile eel traces. Crocodile eels were found in a pond in the Xishan Mountain Scenic Area of Guiping City, Guangxi Province, and the local fishery administration department drained the pond water in two days and found two large crocodile eels, the heaviest of which was 8.32 kilograms. In addition, Beijing, Xining, Qinghai, Kunming, Yunnan, Qingdao, Shandong and other places have been stepping up their harvest for crocodile eels and disposing of them properly.

Where do alligator eels that sneak into the rivers and lakes come from? What are invasive alien species? Is it illegal to buy invasive alien species? For a time, these issues aroused widespread concern.

Some alien species invade nature and originate from pet release or farm escape

On the mainland, the alligator eel is an invasive alien species.

Native to North America, the alligator eel is a freshwater giant carnivorous fish up to 3 meters long, with a long barrel-shaped body, a crocodile-like short snout, two rows of sharp teeth on the upper and lower jaws, and a body covered with hard enamel scales. It is reported that the alligator eel mainly feeds on other fish, is highly predatory, and is a very strong fish. Some experts say that it "has no natural enemies, and once it enters the natural bare waters, it will eat all the local fish species."

Gu Dangen, an associate researcher at the Pearl River Fisheries Research Institute of the Chinese Academy of Fishery Sciences and an expert in the prevention and control of alien species in the national bulk freshwater fish industry technology system, said in an interview with the "Rule of Law Weekend" reporter: "Crocodile eels have been able to form self-regeneration ability in some natural waters of the mainland, and have brought harm, meeting the standards of invasive alien species. At present, on the mainland, the alligator eel can be regarded as the most dangerous alien invasive aquatic organism. ”

However, this is only the "paper strength" of the crocodile eel. "Crocodile eels currently have no natural populations in most parts of the country, and sporadic natural populations are small, so they are far from being flooded. Moreover, it is only a theoretical possibility for crocodile eels to eat all the native fish, and only very small enclosed water bodies such as breeding ponds will become a reality. Gu Dangen said.

The Administrative Measures for Invasive Alien Species (hereinafter referred to as the Measures), jointly issued by the Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Ecology and Environment and the General Administration of Customs, which came into effect on August 1, clearly defines invasive alien species: "Invasive alien species" refers to alien species that are introduced into colonization and pose a threat or hazard to ecosystems, habitats and species, affect the ecological environment of the mainland, and damage the sustainable development of agriculture, forestry, animal husbandry and fisheries and biodiversity.

In 2021, the Ministry of Agriculture and Rural Affairs and other relevant departments issued the "Notice on Further Strengthening the Work Plan for the Prevention and Control of Alien Species Invasion", which conducted a national census of 10 major alien aquatic organisms, including crocodile eels.

"The alligator eel is an exotic species that is harmful and unproductive. Once flooded, the hazards may include: entering aquaculture waters and affecting fishery production; Access to natural waters affects the survival of native species and affects biodiversity; In extreme cases, it attacks humans. Unlike other exotic fish, crocodile eels are not suitable for eating, first, the meat quality is not good, and it is difficult to separate the scales from the meat, and the eggs are highly toxic, and if they are not handled well, they will be life-threatening. Gu Dangen said.

Judging from the current dotted distribution of the found land, the probability of artificial release of alligator eels in natural waters is large. "At present, crocodile eels are mostly found in community pools or in the water system near the town. It is likely that after artificial breeding, the aquarium cannot be accommodated due to the rapid growth rate, or it cannot afford to bear the cost of breeding and is artificially released or discarded. Gu Dangen said.

Li Binbin, an assistant professor of environmental science at Duke Kunshan University who has been committed to biodiversity and wildlife conservation for many years, also told Rule of Law Weekend: "The invasion of alien animals is mainly caused by the escape of breeding and breeding sites, the abandonment of pets, and the escape or release of pets. ”

It not only affects the ecological environment, but also threatens public health

In recent years, the number of invasive species of alien species on the mainland has shown an upward trend.

According to the 2020 Bulletin on the State of China's Ecology and Environment released by the Ministry of Ecology and Environment in May 2021, more than 660 invasive alien species have been found on the mainland. Among them, 71 species have caused or are potential threats to natural ecosystems and are included in the List of Invasive Alien Species in China.

Since the beginning of summer this year, there have been many cases of residents bitten by red fire ants across the country, and cases of allergies, shock and other symptoms have been hospitalized; In 2021, many places jointly "encircled and suppressed" a yellow flower in Canada, which aroused widespread concern in society; Water hyacinth (hyacinth) often spreads over the entire river and lake surface due to its rapid reproduction rate, resulting in the death of a large number of aquatic organisms due to lack of oxygen and insufficient sunlight; Fushou snails constantly invade various natural waters, and there are nearly 6,000 parasites in each Fushou snail...

The above-mentioned alien species that pose harm to various places are included in the List of Invasive Alien Species in China.

In addition, the Ministry of Agriculture and Rural Affairs (formerly the Ministry of Agriculture) and the State Forestry and Grassland Administration (formerly the State Forestry Administration) have also issued relevant lists. The List of Invasive Alien Species under National Key Management (First Batch) issued by the former Ministry of Agriculture on February 1, 2013 identified 52 invasive alien species; The National Directory of Administrative Regions for the Distribution of Agricultural Plant Quarantine Pests issued by the Ministry of Agriculture and Rural Affairs on May 16, 2019, includes the distribution of 29 agricultural plant quarantine pests throughout the country. The National Forestry and Grassland Administration issued a total of 14 species of forestry quarantine pests and a total of 190 species of the National Forestry Dangerous Pest List, all of which include some invasive alien species.

It is reported that the invasion of alien species is more harmful to biodiversity, and some even bring serious hidden dangers to public health.

On April 22, in the academic salon with the theme of "controlling the invasion of alien species and protecting biodiversity" held by the Branch of the Institute of Zoology of the Chinese Academy of Sciences, Liu Xuan, a researcher at the Institute of Zoology of the Chinese Academy of Sciences, proposed that the invasion of alien species is one of the important factors causing the decline of global biodiversity, and the invasion of vertebrates as the upstream tax group of the food chain is particularly harmful to biodiversity, and the invasive predators of 30 top mammals in the world have led to the decline or even extinction of more than 700 species.

Invasive amphibians, represented by the American bullfrog, have caused a decline in populations of more than 500 species of amphibians worldwide through competition, predation, reproductive disturbance and disease transmission, of which 90 species have been extinct. At the same time, many invasive vertebrates act as natural reservoirs for wild animals and human diseases, posing serious hidden dangers to public health.

Easy to buy and difficult to manage, experts recommend classified management

The "Rule of Law Weekend" reporter investigation found that even if the harm of crocodile eel is known to the public in a short period of time, it is not difficult to buy crocodile eels online or offline.

Recently, the "Rule of Law Weekend" reporter on an online shopping software with "crocodile eel" as the keyword can search for a large number of merchants selling crocodile eel. On August 27, the relevant fish could not be searched for with the above keywords, but with keywords such as "jaw sparrow eel", "sharp-billed crocodile" and "large carnivorous fish", it was still possible to search for merchants selling crocodile eels, and only 15 yuan could buy a 14 cm crocodile eel. Some merchants have marked the words "no release" on their pictures.

On August 28, a reporter from the "Rule of Law Weekend" visited a large pet market in Beijing and found that crocodile eels can be seen in the merchants that basically sell medium and large fish. The price of small fish is about 50 yuan to 70 yuan, and the price of large fish ranges from thousands of yuan, and the body size also varies from tens of centimeters to more than one meter.

The "Rule of Law Weekend" reporter also found that the color of the crocodile eel sold by many merchants is not the regular black and cyan spots, but appears as white or pink gold.

Gu Dang'en said bluntly that other colors are artificially specially cultivated "albino alligator eels are more expensive to sell, generally selected from mutated alligator eels, and some of them are treated with drugs like this."

"At the moment, it is not difficult to buy alligator eels at the ornamental fish market," he said. The simplicity of purchase also poses great challenges for the management of invasive alien species. Secondly, due to the concealment of the living environment of exotic aquatic animals, it is not easy to be detected, and once the invasion is formed, it will be almost impossible to be removed.

In addition, invasive alien species such as the Brazilian turtle and the alligator turtle can be found everywhere in the market.

Liu Junhai, a professor at the Law School of Chinese Min University, said: "At present, there is indeed no clear provision in mainland law on the sale of crocodile eels. To a certain extent, this has led to the inability to strictly supervise the sales channels and channels of alligator eels. ”

He suggested that if it is determined after scientific assessment that crocodile eels have a negative destructive effect on the ecological environment of the mainland, then a total ban on the sale of crocodile eels should be considered. Not only should online and offline sales be restricted, but also strictly regulated for import purchase channels.

It is reported that the economic value of the alligator eel itself is very limited, and it will also cause economic losses.

Gu Dang'en said frankly: "In the early days, most of the crocodile eels were illegally smuggled as ornamental fish. In addition to bringing certain benefits to some fishmongers, crocodile eels have no role in promoting the industry at all. If the alligator eel enters the cultured waters, it will prey on the cultured species, which will make the farmer lose all their money. ”

Sun Yuhua, associate researcher of the China Rule of Law Strategic Research Center of East China University of Political Science and Law and tutor of the Master of Public Health Law, said in an interview with the "Rule of Law Weekend" reporter that "it is recommended to classify and manage foreign species and restrict the breeding of species with high invasion risk and low artificial breeding value."

At the same time, Sun Yuhua also proposed that the management of the pet market should be strengthened, "if you keep bats, civets and other 'exotic pets' at home, it is likely to lead to public health problems."

Many laws strictly stipulate "release", but it is still difficult to hold people accountable

When the reporter of "Rule of Law Weekend" asked the precautions for raising crocodile eels as a purchaser, some merchants suggested that such fish "cannot be raised with small fish, but should be placed together with large fish, otherwise smaller fish will be bitten to death." But the merchant did not remind reporters not to release the crocodile eel in the natural environment.

In fact, the release of many alien species is not only due to the abandonment of pets, but also partly through the "release" ceremony that causes alien species to invade nature.

In recent years, the news of the random release of "exotic species" such as Brazilian turtles and large alligator turtles has been reported frequently, and some people will dump a large number of fish bought from the market into the river for release.

For the release of species, mainland law has strict regulations.

Article 38 of Chapter 3 of the Wildlife Protection Law clearly stipulates that any organization or individual who releases wild animals into the wild environment shall select local species suitable for wild survival in the release site, and must not interfere with the normal life and production of local residents, so as to avoid causing harm to the ecosystem. Where wild animals are released arbitrarily, causing personal or property damage to others or endangering the ecosystem, legal responsibility is borne in accordance with law.

Sun Yuhua said that after the release of the regulations, the behavior of indiscriminate release in recent years has been curbed to a certain extent.

The Biosecurity Law, which came into effect on April 15, 2021, clarifies penalties for the introduction, release or discarding of alien species without authorization: If an alien species is released or discarded without approval, the relevant departments of the people's governments at or above the county level shall, in accordance with the division of duties, order the arrest and retrieval of released or discarded alien species within a time limit, and impose a fine of between 10,000 and 50,000 yuan. The "Measures" also clearly stipulate that those who introduce, release or discard alien species without approval in violation of the provisions of these Measures shall be punished in accordance with Article 81 of the Biosecurity Law. Where a crime is suspected, it is to be transferred to the judicial organs for criminal responsibility in accordance with law.

Amendment (XI) to the Criminal Law, which came into effect on 1 March 2021, also criminalizes the illegal introduction, release or discarding of invasive alien species, adding the crime of illegally introducing, releasing or discarding invasive alien species, "whoever illegally introduces, releases or discards invasive alien species in violation of state regulations, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone".

Li Binbin said: "At present, there are clear regulations on release, but there is no good way to supervise the escape of pets and farms. ”

"The release behavior is extremely hidden and difficult to find, it is likely to mix crocodile eels in other fry into the natural environment, and when the fish are found, it is difficult to track the releasers." Sun Yuhua said that although there are clear regulations and punitive damages for the random release of alien species at the institutional level, it is still very difficult to track down the releasers in practice.

He suggested: "If the law enforcement agencies that really find illegal releasers should dare to show their swords, judicial precedents can play a more warning role for individuals and groups trying to break the law, and at the same time have the significance of popularizing the law and publicizing the public." He also suggested that incentives could be established to "provide moral or material rewards to individuals and units that discover and provide clues to invasive alien species, which may increase public attention." ”

Experts suggest coordinating the efforts of all parties to govern from the source

Li Binbin, who has been involved in wildlife conservation for many years, has also encountered many invasions of alien species, and she found that "many alien species enter the country through special channels, but lack the ability to effectively track the breeding and flow of this species, which makes it more difficult to identify the source of individual alien species found in nature." As a result, many people have the attitude of 'let go, escape and escape'." She believes that it is necessary to strengthen the ability to trace and trace the origin of alien species, and there are clear traceability conditions to be able to draw responsibility and pursue responsibility.

Gu Dangen believes: "It is best to deal with high-risk invasive alien species or control from the source, and it is best not to let it in." It's harder to get it in and dispose of it later, and it's even harder to build a population in the wild. ”

Article 14 of the Measures requires key management of high-risk alien organisms, and "relevant departments shall take necessary measures to take necessary measures for species with high invasion risk assessed by the Expert Committee on the Prevention and Control of Invasive Alien Species, and increase prevention efforts".

Gu Dangen said that at present, the list of invasive alien species under national key management has not been officially announced, and if the crocodile eel is listed, "it is recommended that the crocodile gar be controlled from the source and prohibited from selling and breeding."

In order to restrict the addition of invasive species from the source, article 81 of the Biosecurity Law provides for severe punishment measures for the unauthorized introduction of alien species, and if an alien species is introduced without approval, the relevant departments of the people's governments at or above the county level shall confiscate the introduced alien species according to the division of duties and labor, and impose a fine of between 50,000 and 250,000 yuan.

At the same time, the "Measures" strengthen the prevention of alien species invasion at the source from three aspects: standardizing the management of seed introduction, strengthening port prevention and control, and strengthening domestic quarantine.

Sun Yuhua told the "Rule of Law Weekend" reporter, "In fact, the new regulations on the invasion system of alien species have only been gradually improved in recent years, and were only mentioned in the Wildlife Protection Law before, and there are provisions on the introduction of alien species in nature reserves.

The "Measures" clearly divide the responsibilities of various departments.

The first paragraph of Article 5 stipulates that "local people's governments at or above the county level shall be responsible for the prevention and control of invasive alien species in their respective administrative regions in accordance with law, and shall organize, coordinate and supervise relevant departments to perform their duties for the prevention and control and management of invasive alien species in accordance with law", and stipulate in the second, third, fourth and fifth paragraphs of the article respectively the responsibilities that the competent departments for agriculture and rural areas, the competent departments for forestry and grassland, the competent departments for natural resources and the competent departments for the ecological environment shall undertake respectively.

For the functions of customs prevention and control and monitoring at ports entering the first gate of the country, customs shall strengthen the prevention and control of invasive alien species at ports and crack down on illegal acts such as illegal introduction, carrying, delivery and smuggling of alien species. Invasive alien species discovered and those assessed to pose a risk of invasion shall be disposed of in accordance with law.

Source: Rule of Law Daily, Rule of Law Weekend