Ocean and Fisheries Bureau of Fu'an County (Enforcement Applicant) v. Chen Zhongyi (Enforcement Respondent) et al. (case regarding Maritime Administrative Non-litigation Enforcement)

[Basic Facts]

Fujian Ningde Sandu Bay Wetland is a typical representative of coastal wetland in Fujian Province and is listed in the “Directory of Major Wetlands in China” in the Action Plan for Wetland Protection in China. Ningde Central Sandu'ao Wetland Waterfowl Mangrove Nature Reserve is the core area of the Sandu Bay National Key Wetland. Without the approval of the oceanic administrative authority, Chen, Fang, Huang, and other persons occupied the wetland sea areas and engaged in marine aquaculture, which has seriously encroached upon the natural reserve, resulted in damage of partial marine ecosystem On August 31, 2016, the Ocean and Fisheries Bureau of Fu'an County issued a written decision of administrative penalty, in which Chen and other persons were ordered to return the illegally occupied sea areas and restore the sea areas to the original state and fines were imposed on them. Chen and other persons neither applied for administrative reconsideration nor filed administrative lawsuits within the statutory time limit. After being urged by the Ocean and Fisheries Bureau of Fu'an County, Chen and other persons still refused to perform obligations and the Ocean and Fisheries Bureau of Fu'an County filed an application with the Xiamen Maritime Court for enforcing the decision of administrative penalty.

[Outcome]

The Xiamen Maritime Court held that the Ocean and Fisheries Bureau of Fu'an County was the administrative organ exercising the functions of supervision and administration in the use of sea areas. The written decision of administrative penalty made by it was irrefutable in main evidence, clear in fact-finding, accurate in application of law, and legitimate in administrative procedure. Therefore, the Xiamen Maritime Court ruled to approve the enforcement of such decision of administrative penalty. Afterwards, the Xiamen Maritime Court initiated the mechanism of “separation of adjudication and enforcement” for non-litigation administrative cases, determined that the Ocean and Fisheries Bureau of Fu'an County was responsible for organizing and implementing the return of sea areas and restoration of the sea areas to the original state. Concurrently, the court coordinated participation of multiple departments in the joint law enforcement as organized by the People's Government of Fu'an County From July 31 to August 3, 2018, under the supervision of the court, the relevant administrative departments organized over 1,100 persons and 12 excavators to conduct enforcement，dismantled the illegally constructed housesand restored the occupied sea areas to natural state. Guided and driven by this case, the aquaculture facilities of 170 hectares not conforming with the planning of the ecological nature reserve were finally all cleared, and the ecological environment of the nature reserve after restoration of the aquaculture area to wetland has been further optimized, the ecological species have been further enriched, and the ecological benefits have preliminarily appeared.

[Implications]

Illegal occupation of sea areas and land reclamation are key causes to damage of the marine ecosystem in coastal waters and the main hurdle in the tough battle of marine pollution prevention and control. It is often difficult to effectively enforce the reclamation of illegally occupied sea areas and restoration of the sea areas to the original state due to the vast sea areas involved, a large number of responsible parties, and huge workload in the dismantlement of structures and earthwork removal. The people's court made the optimal use of both adminitrative and judical resources and strictly follow the “separation of adjudication and enforcement ”standardized procedure, mobilised multiple departments  to restore the sea to be a peaceful, harmonious, and beautiful place. The efforts of the people's court have achieved good ecological effects. The smooth conclusion of this case has provided a referential example that can be replicated and popularized. By supervising and giving support to the maritime administrative department in administration by law, the mechanism of effective connection between environmental justice and administrative law enforcement has been improved and the maritime administrative department has been guided in its standardized administrative law enforcement, and the rule of law in the marine ecological protection has been enhanced.