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No. 6 of the Administrative Model Environmental Resources Cases Tried by the People's Courts in 2019 Published by the Supreme People's Court: Case of application of the Fisheries Administration Detachment of Sansha City for executing the administrative penalty given to Hainan Lingao Yinghai Shipping Co., Ltd.
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最高人民法院发布2019年度人民法院环境资源行政典型案例之六：三沙市渔政支队申请执行海南临高盈海船务有限公司行政处罚案
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【法宝引证码】
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| No. 6 of the Administrative Model Environmental Resources Cases Tried by the People's Courts in 2019 Published by the Supreme People's Court: Case of application of the Fisheries Administration Detachment of Sansha City for executing the administrative penalty given to Hainan Lingao Yinghai Shipping Co., Ltd. | | 最高人民法院发布2019年度人民法院环境资源行政典型案例之六：三沙市渔政支队申请执行海南临高盈海船务有限公司行政处罚案 |
| 1. Basic Facts | | （一）基本案情 |
| 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 Detachment of Hainan Province, which escorted and transferred the ship to the Fisheries Administration Detachment 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 CNY373,500. In February 2018, the Fisheries Administration Detachment of Sansha City gave Yinghai Company an administrative penalty, confiscated 250 tons of giant clam shells, and imposed a fine of CNY1.1205 million, three times of the real value, 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. | | 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。 |
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