Four departments: Release the Measures for the Management of Alien Invasive Species

Order No. 4 of 2022 of the Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Ecology and Environment, and the General Administration of Customs of the People’s Republic of China
Order No. 4 of 2022 of the Ministry of Agriculture and Rural Affairs

The Measures for the Administration of Invasive Alien Species were reviewed and approved at the fourth executive meeting of the Ministry of Agriculture and Rural Affairs on April 22, 2022, and have been endorsed by the Ministry of Natural Resources, the Ministry of Ecology and Environment, and the General Administration of Customs. They are hereby promulgated and shall enter into force as of August 1, 2022.

Minister of Agriculture and Rural Affairs, Tang Renjian
Minister of the Ministry of Natural Resources, Lu Hao
Minister of the Ministry of Ecology and Environment, Huang Runqiu
Yu Jianhua, Commissioner of the General Administration of Customs
May 31, 2022

Administrative Measures for the Management of Invasive Alien Species

Chapter 1 General Provisions

Article 1: In order to prevent and respond to the threats posed by invasive alien species, ensure the sustainable development of agriculture, forestry, animal husbandry, and fisheries, and protect biodiversity, these Measures are hereby formulated in accordance with the Biosecurity Law of the People’s Republic of China.

Article 2: For the purposes of these Measures, “alien species” refers to any species that does not occur naturally within the territory of the People’s Republic of China and has been introduced through natural or anthropogenic means, including all parts of such species capable of surviving and reproducing.

For the purposes of these Measures, “invasive alien species” refers to alien species that have been introduced and established, posing a threat or harm to ecosystems, habitats, and species, thereby adversely affecting China’s ecological environment and undermining the sustainable development of agriculture, forestry, animal husbandry, and fisheries, as well as biodiversity.

Article 3. Management of invasive alien species is an important measure for safeguarding national biosecurity and shall adhere to the principles of risk prevention, source control, comprehensive governance, coordinated collaboration, and public participation.

Article 4 The Ministry of Agriculture and Rural Affairs, in conjunction with relevant departments of the State Council, shall establish an inter‑ministerial coordination mechanism for the prevention and control of invasive alien species, to deliberate and deploy nationwide efforts in this area and to coordinate and resolve major issues.

The agricultural and rural affairs authorities of the provincial people’s government, in coordination with relevant departments, shall establish a coordination mechanism for the prevention and control of invasive alien species and organize and carry out related work within their administrative jurisdictions.

Customs has refined its mechanisms for overseas risk early warning and emergency response, strengthening port-of-entry quarantine and inspection oversight of invasive alien species introduced through channels such as imported goods, means of transport, postal and express shipments, passenger baggage, cross-border e‑commerce, and border‑area barter trade.

Article 5: People’s governments at or above the county level shall, in accordance with the law, assume responsibility for the prevention and control of invasive alien species within their administrative jurisdictions, and shall organize, coordinate, and supervise relevant departments to perform their duties related to the management of invasive alien species in compliance with the law.

The agricultural and rural affairs authorities of local people’s governments at or above the county level are responsible for the supervision and management of invasive alien species in areas such as farmland ecosystems and fishery waters.

The forestry and grassland authorities of local people’s governments at or above the county level are responsible for the supervision and management of invasive alien species in forest, grassland, wetland ecosystems, and nature reserves.

The natural resources (marine) authorities of local people’s governments at or above the county level along the coast are responsible for the supervision and management of invasive alien species in nearshore waters, islands, and other relevant areas.

The ecological and environmental authorities of local people’s governments at or above the county level are responsible for the supervision and management of the impacts of invasive alien species on biodiversity.

The supervision and management of invasive alien species in areas such as highway corridors, urban greenbelts, and flower and nursery‑stock trading markets shall be the responsibility of other relevant competent departments of the people’s governments at or above the county level.

Article 6 The Ministry of Agriculture and Rural Affairs, in coordination with relevant departments, shall formulate a list of invasive alien species, implement dynamic adjustments and categorized management, establish a database on invasive alien species, and develop or revise technical standards for risk assessment, monitoring and early warning, as well as prevention and control measures.

Article 7 The Ministry of Agriculture and Rural Affairs, in conjunction with relevant departments, shall establish an Expert Committee on the Prevention and Control of Invasive Alien Species to provide technical support, including consultation, assessment, and expert review, for the management of such species.

Article 8 The Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Ecology and Environment, the General Administration of Customs, the National Forestry and Grassland Administration, and other competent authorities shall establish and improve emergency response mechanisms and organize the formulation of emergency preparedness plans for sudden outbreaks of invasive alien species in their respective fields.

Relevant departments of local people’s governments at or above the county level shall organize the formulation of emergency response plans for sudden outbreaks of invasive alien species in their respective administrative areas.

Article 9: The competent departments of agriculture and rural affairs, natural resources (including marine resources), ecological environment, forestry and grassland at or above the county level shall strengthen public awareness-raising and science communication on the prevention and control of invasive alien species, enhance public awareness of this issue, and guide the public to participate in such efforts in accordance with the law.

No organization or individual may, without approval, introduce, release, or discard alien species on their own initiative.

Chapter 2: Prevention at the Source

Article 10: For special needs such as variety breeding, agricultural crops and forestry and grassland species may be imported from abroad. seed Seedlings, Aquaculture For imported species, including seedlings and other alien species, import and quarantine approvals shall be obtained from the competent agricultural and rural affairs, forestry and grassland authorities of the people’s governments at or above the provincial level, as well as from the customs authorities, in accordance with the relevant approval authorities.

For species introduced for the first time, the importing entity shall conduct a risk analysis of the potential ecological and environmental impacts of the introduced species and submit a risk assessment report to the approving authority. The approving authority shall promptly organize and carry out a review and evaluation. If the assessment identifies an invasion risk, entry shall be denied.

Article 11: The importing entity shall implement safe and reliable preventive measures and strengthen management throughout the stages of research, conservation, cultivation, propagation, transportation, and disposal of the introduced species, to prevent their escape or spread into the wild environment.

In cases of escape or spread, the introducing entity shall promptly implement measures to eliminate the organisms, recapture them, or take other remedial actions, and shall promptly report to the approving authority as well as to the agricultural and rural affairs or forestry and grassland administrative department of the county-level people’s government where the introduction took place.

Article 12: Customs authorities shall strengthen border control measures against invasive alien species and crack down on illegal activities such as the unauthorized importation, carriage, mailing, or smuggling of alien species. Any invasive alien species detected, as well as those assessed to pose an invasion risk, shall be handled in accordance with the law.

Article 13: The agricultural and rural affairs, forestry, and grassland authorities of local people’s governments at or above the county level shall, in accordance with the law, strengthen oversight over the interregional transportation of crops, forest products, and grassland resources within their jurisdictions. seed Seedlings, plant products, Aquaculture Quarantine and regulatory oversight of seedlings and other biological materials to prevent the spread and proliferation of invasive alien species.

Article 14. The Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Ecology and Environment, the General Administration of Customs, the National Forestry and Grassland Administration, and other competent authorities shall, in accordance with their respective responsibilities, strengthen dynamic monitoring and risk assessment of alien species that may enter China through natural pathways such as air currents or water flows.

Relevant authorities shall take necessary measures and strengthen preventive efforts with respect to species that have been assessed by the Expert Committee on the Prevention and Control of Invasive Alien Species as posing a high risk of invasion.

Chapter 3: Monitoring and Early Warning

Article 15 The Ministry of Agriculture and Rural Affairs, in conjunction with relevant departments, shall establish a survey system for invasive alien species. A nationwide survey shall be conducted every ten years to ascertain the number of species, their distribution, the extent of their harm, and other pertinent information, with the survey results incorporated into the National Territorial Spatial Basic Information Platform and the “One Map” system for natural resources.

Article 16 The Ministry of Agriculture and Rural Affairs, in coordination with relevant departments, shall establish a monitoring system for invasive alien species, build a nationwide monitoring network for such species, designate monitoring stations in accordance with their respective responsibilities, and organize routine monitoring activities.

The agricultural and rural affairs authorities of local people’s governments at or above the county level, in coordination with relevant departments, shall carry out monitoring of invasive alien species within their administrative jurisdictions in accordance with their respective responsibilities.

Article 17: The competent departments of agriculture and rural affairs, natural resources (including marine resources), ecological environment, forestry and grassland, as well as the customs authorities, at or above the county level, shall, in accordance with their respective responsibilities, promptly collect and compile monitoring information on invasive alien species and report such information to their superior competent authorities.

No organization or individual may conceal or falsely report monitoring information, nor may they release such information without authorization.

Article 18: The competent authorities of the people’s governments at or above the provincial level responsible for agriculture and rural affairs, natural resources (including marine resources), ecological environment, and forestry and grassland, as well as the customs authorities, shall strengthen the sharing of monitoring information on invasive alien species, analyze and assess the occurrence and spread trends of such species, evaluate associated risks, promptly issue early warnings and forecasts, propose response measures, and provide guidance for prevention and control efforts.

Article 19 The Ministry of Agriculture and Rural Affairs, in coordination with relevant departments, shall establish a system for the release of information on invasive alien species. The overall national situation regarding invasive alien species shall be uniformly released by the Ministry of Agriculture and Rural Affairs in consultation with the relevant departments. The competent authorities, including the Ministry of Natural Resources, the Ministry of Ecology and Environment, the General Administration of Customs, and the National Forestry and Grassland Administration, shall, within their respective jurisdictions, publish information on the occurrence of invasive alien species in their respective fields.

The agricultural and rural affairs authorities of the provincial people’s government, in consultation with relevant departments, shall uniformly publish information on invasive alien species within their administrative region.

Chapter 4: Governance and Remediation

Article 20 The Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Ecology and Environment, and the National Forestry and Grassland Administration shall, in accordance with their respective responsibilities, formulate strategies and measures for the prevention and control of invasive alien species in their respective fields and provide guidance to local authorities in carrying out such efforts.

The competent departments of agriculture and rural affairs, natural resources (including marine affairs), forestry and grassland at or above the county level shall, in accordance with their respective responsibilities and on the basis of a comprehensive assessment of factors such as the species of invasive alien organisms, the target organisms affected, the extent of harm, and the patterns of spread, formulate control and management plans for invasive alien species within their administrative jurisdictions, organize their implementation, and promptly contain or eliminate the associated threats.

Article 21: The management of invasive alien plants may, depending on the specific circumstances, involve measures such as manual removal, mechanical eradication, application of environmentally friendly herbicides, and the release of biological control agents during critical growth stages, including the seedling stage, flowering period, or fruiting stage.

Article 22: The management of invasive alien pests and diseases shall employ measures such as the selection of disease- and pest-resistant varieties, pre‑treatment of seeds and seedlings, physical removal, chemical control, and biological control, to effectively prevent the spread and proliferation of these pests and diseases.

Article 23: The management of invasive aquatic animals shall involve targeted measures such as selective harvesting to prevent their further spread and the harm they may cause.

Article 24: In areas where invasive alien species have established themselves, ecosystem restoration shall, in accordance with local conditions, employ measures such as planting native vegetation and releasing locally native species.

Chapter V Supplementary Provisions

Article 25: Any violation of the provisions of these Measures—namely, the unauthorized introduction, release, or abandonment of alien species without approval—shall be subject to penalties in accordance with Article 81 of the Biosecurity Law of the People’s Republic of China. Where criminal offenses are suspected, the case shall be referred to the judicial authorities for prosecution in accordance with the law.

Article 26 This Measures shall come into force on August 1, 2022.

Source: Ministry of Agriculture and Rural Affairs Author: Ministry of Agriculture and Rural Affairs