On the morning of 2 July 2019, Haikou Maritime Court held an open hearing of a marine administrative public interest case brought by Wenchang City People's Procuratorate, plaintiff in the public interest litigation, against the defendant, Wenchang Agricultural and Rural Bureau. It was the first marine administrative public interest litigation in Hainan Province. Haikou Maritime Court specially invited people’s assessors from relevant industries such as marine resources research and marine industry development and, for the first time, formed a collegial bench of seven to hear the case. Also present at the hearing were 40 some procuratorial and administrative law enforcement personnel from relevant procuratorates and administrative authorities.
Wenchang City People's Procuratorate claimed that in April 2018 it had found a large quantity of long-term set nets in the waters near Fengjiawan, Wenchang, and these nets were examined and identified as prohibited fishing tackle. On 25 April, Wenchang City People's Procuratorate recommended that Wenchang Ocean and Fisheries Bureau (the functions of which had now been taken over by the defendant due to reorganization) should clear up the set nets and impose penalties for illegal fishing. From 4 to 13 May, Wenchang Ocean and Fisheries Bureau conducted a special clear-up action. On 25 June, Wenchang Ocean and Fisheries Bureau replied that it had found 101 set nets, of which 67 had been removed by the fishmen under its persuasion and 31 had been cleared up by force, and that 3 fishing boats had been seized and relevant penalties had been imposed. Wenchang City People's Procuratorate held that all illegal fishing tackle should be cleared up by force, applicable penalties should be imposed, and in case of any crime the offenders should be referred to the public security authorities. The way Wenchang Ocean and Fisheries Bureau handled the situation, namely by persuading the fishmen to take willing clear-up actions, was not in compliance with law. It did not preserve evidence of illegal acts, or hand over any suspected offender of crimes. Wenchang City People's Procuratorate followed through the action and inspected the scene on 2 August, 3 September and 21 December, and found illegal set nets remaining in the waters under the supervision of Wenchang Ocean and Fisheries Bureau. The bureau had failed to fulfil its legal duties. An action was thus brought before Haikou Maritime Court on 9 January 2019.
The defendant, Wenchang Agricultural and Rural Bureau, defended that it had strictly and duly fulfilled its legal duties as required in the Procuratorial Recommendation, and had fully cleared up the illegal fishing situation in its supervised waters. However, illegal fishing activities could not be eradicated as they were repetitive, mobile and persistent. Furthermore, under the current circumstances, it was impossible to fully supervise the use of its supervised waters. In this case, the illegal fishing activities found by the procuratorial authorities in its follow-up inspection could be a recurring act committed by the fishmen after the clear-up operations. Wenchang Agricultural and Rural Bureau held that it did not handle the illegal fishing activities improperly, or fail to duly investigate or collect evidence, or fail to preserve evidence that might be lost, and that during its law enforcement action it did not find any criminal offence. During the court investigation, the collegial bench facilitated the production of evidence and cross-examination by and between the litigants, and verified the evidence at the hearing. During court debate, the litigants respectively gave opinions about the facts, evidence and application of law in the case. After the debate, both parties made their final statements. A judgment would be passed on another day.