The Hunt of the Century (Is it illegal to buy and breed invasive alien species?)
drained a lake of water and worked for a month. In the end, we only caught two fish. One big and one small, one male and one female. Do you think it’s worth it? Attorney Chen believes that it is worth it! So worth it! Ruzhou's "Manhunt of the Century" is not for ordinary fish, but for a ferocious alien species - the crocodile gar.
Regarding this manhunt of the century, Lawyer Chen has several opinions:
1. So far, the alligator gar is not on the list of invasive alien species in my country, so legally speaking, the alligator gar is not an invasive alien species. Therefore, the descriptions of "invasive alien organisms" as described in many news reports are somewhat inaccurate.
2. Since the alligator gar is not an invasive alien species in the legal sense, the laws, regulations, rules, etc. formulated by my country for invasive alien species naturally do not apply. In other words, not only is it not illegal to breed, sell, and buy alligator gar, it is also difficult to say whether the releasers and discarders of alligator gar can be held legally responsible. Because the crime stipulated in the Criminal Law is the crime of illegally introducing, releasing, and discarding invasive alien species, not the crime of illegally introducing, releasing, and discarding alien species.
2. Furthermore, even if the violator is found, as mentioned above, the administrative responsibility for releasing and discarding alien species is that the relevant departments order the capture, retrieval, release or discarding of alien species within a time limit, and a fine of not less than 10,000 yuan but not more than 50,000 yuan will be imposed. fine. However, even if the government department wants to drain the lake water to catch alligator gar, what ability do the people who release them have to catch them on their own? Can fines ranging from RMB 10,000 to RMB 50,000 really cover the actual cost of fishing for crocodile gar? In addition to the cost of fishing, what about the cost of repairing the damaged ecological environment?
Finally, I think the cost of breaking the law is too low, and the enforcement of the law will be greatly compromised; only prohibiting the end of release, but not prohibiting the acquisition of the source of invasive alien species, will also greatly compromise the enforcement of the law.
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