Hainan Lingao Yinghai Shipping Co., Ltd. v. the Fisheries Administration Squad of Sansha City for Administrative Penalties

Facts

In August 2014, in the transport of 250 tons of giant clam shells by the transport ship "Ye Feng 616" owned by Hainan Lingao Yinghai Shipping Co., Ltd. (hereinafter referred to as "Yinghai Company"), such giant clam shells were seized by the Third Coast Guard Brigade of Hainan Province, which escorted and transferred the ship to the Fisheries Administration Squad of Sansha City for handling. It was appraised that 98% of the aforesaid shells were aquatic wild animals under Grade I national protection and 2% of them were aquatic wild animals under Grade II national protection, with the total price of 373,500 Yuan. In February 2018, the Fisheries Administration Squad of Sansha City issued to Yinghai Company an administrative penalty, confiscated 250 tons of giant clam shells, and imposed a fine of 1,120,500 Yuan, three times of the actual value of the shells involved in the case, on Yinghai Company. Yinghai Company refused to accept the administrative penalty, filed an administrative lawsuit, and claimed that the decision on administrative penalty should be set aside.

Judgment

In the trial of first instance, the Haikou Maritime Court held that the decision on administrative penalty issued by the Fisheries Administration Squad of Sansha City was correct and dismissed the claims of Yinghai Company. In the trial of second instance, the Hainan High People's Court applied Paragraph 3 of Article 7 of the Supreme People's Court on Several Issues concerning the Trial of the Relevant Cases Occurring in Maritime Space under the Jurisdiction of China (II) and invoked the Convention on International Trade in Endangered Species of Wild Fauna and Flora, determining that Hippopus hippopus involved in the case was "rare and endangered aquatic wild animals" provided in Article 2 of the Regulations on the Protection of Aquatic Wild Animals and Hippopus hippopus should enjoy equal protection as Tridacna gigas under Grade I national protection. Therefore, the Haikou Maritime Court confirmed that Hainan Lingao Yinghai Shipping Co., Ltd.'s transport of Tridacna gigas and Hippopus hippopus constituted illegal transport of rare and endangered aquatic wild animals. The Court upheld the administrative penalty issued by the Fisheries Administration Squad of Sansha City.

基本案情

2014年8月，海南临高盈海船务有限公司（以下简称盈海公司）所有的“椰丰616”号运输船装载250吨砗磲贝壳，过程中，被海南省海警第三支队查获，将该船押解移送至三沙市渔政支队处理。经鉴定，上述贝壳98%为国家一级保护水生野生动物，2%为国家二级保护水生野生动物，总价格为37.35万元。三沙市渔政支队于2018年2月作出行政处罚，没收砗磲贝壳250吨，按实物价值三倍罚款人民币112.05万元。盈海公司不服，提起行政诉讼，请求撤销该行政处罚决定。

裁判结果

海口海事法院一审认为，三沙市渔政支队的行政处罚决定正确，判决驳回盈海公司的诉讼请求。海南省高级人民法院二审适用《关于审理发生在我国管辖海域相关案件若干问题的规定（二）》第七条第三款规定，援引《濒危野生动植物种国际贸易公约》，认定涉案物种砗蠔为《水生野生动物保护实施条例》第二条项下“珍贵、濒危水生野生动物”，与属于国家一级重点保护水生野生动物的库氏砗磲受到同等保护，确认被告海南临高盈海船务有限公司运输库氏砗磲和砗蠔贝壳的行为属于违法运输珍贵、濒危水生野生动物的违法行为，依法支持三沙市渔政支队作出行政处罚决定。