The war against biotic invasion - a new challenge of biodiversity conservation for China.

• Author: Zhao, Yuhong

INTRODUCTION

"According to the latest statistics from the Ministry of Agriculture, there are already three hundred and eighty invasive plants, forty invasive animals and twenty-three invasive microorganisms in China.... Alien invasive species are causing direct and indirect loss in the amount of RMB119.88 billion yuan each year, accounting for 1.36 per cent of the GDP." (1)

Now more than ever, China's biodiversity is threatened by the invasion of alien species, due to the expansion of global trade and international transport and tourism. This is especially true since China's integration into the world economy, with its implementation of the open-door policy of the 1980s and the accession to the World Trade Organization in 2001. According to the Ministry of Agriculture, there are more than 400 harmful alien species found in China. At least twenty alien species have invaded China in the last ten years. (2) Alien invasive species are now found in all of the thirty-one provinces, autonomous regions and municipalities under direct control of the central government on the Mainland. By May 2002 alien species had invaded almost all of the 1,500 nature reserves nationwide, and all types of ecosystems including forests, farmlands, inland waters, wetlands, grasslands and urban residential areas. (3) More than half of the world's worst alien invasive species, as listed by the World Conservation Union (IUCN) are now found in China. (4) Of the total annual economic loss of RMB119.88 billion yuan caused by species invasion, more than RMB50 billion yuan of loss is suffered by the agriculture and forestry sectors alone. (5)

The international community is aware of the serious threat posed by alien invasive species to the ecosystem, biodiversity, human health and socio-economic well being. Studies show that, among the causes of biodiversity loss, the introduction of nonindigenous species is only second to direct habitat destruction. (6) The Convention on Biological Diversity ("CBD") reflects the international consensus in response to the potential irreversible harm created by biological invasion. (7) Under article 8(h), Contracting Parties should, as far as possible and as appropriate, "prevent the introduction of, control or eradicate those alien species which threaten ecosystem, habitats and species." Agenda 21 contains a number of proposals for conserving biodiversity. (8) It urges States to take action to address the loss of biological diversity in a wide range of sectors, such as combating deforestation, managing fragile ecosystems, protecting the oceans, seas and coastal areas, and conserving freshwater resources. (9)

As a party to the CBD, China is under the international obligation to take proper measures to prevent and control the invasion of alien species. This article examines the issue of alien invasive species as a growing threat to biodiversity loss and socioeconomic well-being in China. It reviews and critiques the cur rent legal and policy responses that address the problem of biological invasion in a piecemeal and fragmented manner. In order to develop more effective mechanisms to prevent and control species invasion, this article explores a more integrated approach to legal reform and institution building that incorporates fundamental principles of environmental law and effective legal mechanisms. Part I introduces China's experience of the biological invasion, highlighting a few particularly harmful invasive plant and animal species that have attracted the public attention. Part II examines economic, ecological and health impacts of species invasion. Part III reviews the current legal and administrative frameworks pertaining to quarantine control and wildlife protection that China has relied upon to address the issue of invasive species, and the more recent government initiatives to tackle the problem in a more direct manner. Part IV critically evaluates the existing control and management regimes and, based on identification of flaws and gaps in the current regulatory scheme, explores how to strengthen China's socio-legal mechanisms in a more integrated manner to build a comprehensive legal and institutional framework capable of fighting a war against the biotic invasion more effectively and efficiently.

I.

THE INVASION OF ALIEN SPECIES IN CHINA

A species is considered native in its past or present natural range (10) or within its natural dispersal potential. (11) The CBD uses the term "alien species" without defining it. (12) The Guiding Principles for the Prevention, Introduction and Mitigation of Impacts of Alien Species that Threaten Ecosystems, Habitats or Species (13) ("Guiding Principles") gives a possible definition: a species, subspecies or lower taxon introduced outside its natural past or present distribution, including any part, gametes, seeds, eggs, or propagules of such species that might survive and subsequently reproduce. The term "invasive" is often related to the concept of adverse impact in the form of damage inflicted on the receiving species, habitats or ecosystem. The CBD defines "alien invasive species" as an alien species which threatens ecosystems, habitats or species. (14) Many introduced alien species may not become invasive, although there is always the possibility, and there is much debate about the point at which an alien species may be termed as "invasive".

An introduced alien species that spreads beyond human control may die out after a certain period of time, or remain in the area without disrupting local biota or ecosystem. However, invasion occurs when an alien species not only persists, but proliferates and becomes a threat to native species, local habitats and the ecosystem. This happens because an alien species living within a new ecosystem may not have the same natural restraints, such as predation, competition for food, and disease, which exist in their original habitat. Absent nature's checks on an alien species' growth and reproduction, its population can grow exponentially in the new ecosystem. Prolific alien species typically transform unprotected ecosystems by predation, competition, altering landscapes, or a combination of these effects. (15) For example, crofton weed, which originated in Latin America, spread into Yunnan province in the 1940s. It now grows commonly in the southwestern region including Yunnan, Guizhou, Tibet, Guangxi and part of Sichuan provinces and autonomous regions. The plant is aggressive and powerful, and grows at an impressive speed. (16) It occupies large areas of farmlands, orchards, forests, grasslands and roadside areas.. Ragweed (bitterweed), which originated in North America, was transmitted into China in the 1930s. It has expanded into Shanghai and many big cities in Liaoning, Heilongjiang, Jilin, Shandong, Hunan, Zhejiang, Anhui and Jiangxi provinces. With strong reproductive and competitive capacity, it excludes other plants and grasses, causing significant economic and aesthetic damage. (17)

The primary problem with species introduction is the extreme difficulty in accurately predicting which alien species will have benign effects and which may become invasive in a new habitat. To make things more complicated, invasiveness may be triggered by diverse events such as habitat alteration or the arrival of another alien species and interactions with it.

Alien species invade China as a result of two types of activities that have legitimate economic or other objectives. One is intentional introduction, which occurs for a variety of purposes. Species are introduced for use in biological production systems of agriculture, forestry and fishery; and in landscaping for recreational and ornamental purposes. Sometimes species are introduced for use in containment or captivity such as zoos, aquaria and the pet trade, from which there is always risk of escape or release into the wild. The other category of activity is the unintentional introduction of species, organisms or pathogens, that occurs through pathways involving trade, transport, travel and tourism.

According to a preliminary investigation by the State Environmental Protection Administration ("SEPA"), China has 107 species of alien invasive weeds. The presence of 58 percent of these plants are the result of intentional introduction for the purposes of pasture, foodstuff, vegetables, ornamental plants, medicinal herbs and etc. (18) Alligator weeds and water hyacinth were first introduced for use as animal foodstuff. Smooth cord grass was introduced by coastal regions to protect the shoal. Their growth is now completely beyond human control and it has started to cause serious harm to both the economy and the ecosystem. (19) The weeds are aggressively wiping out species indigenous to China, leading to homogenization of the ecosystem. Intentional introduction remains one of the most dangerous programs affecting China's biodiversity and economy. China's farmlands are being planted with introduced species such as eucalyptus, pine trees, larch and etc. for the purpose of timber production. Instead of cultivating and using local grass species, imported grasses from foreign countries are used for erosion control and forage. Other projects likely to introduce alien species include nature reserve restoration and scenic site development. (20) Some species, such as the giant African snail, was imported for other purposes, such as cuisine. Improper management led to the snail's accidental release into farmlands. The African snail has now become a serious threat to the growth of vegetables. (21)

Forty-two percent of China's 107 alien invasive weed species were introduced by unintentional means. They entered China with imported goods, passenger luggage, and by other means of transportation. There are 32 major species of alien invasive pests and 23 alien pathogens. These pests and pathogens primarily entered China with imported plants and other goods. (22) Unintentional introduction...