The country's first civil public interest litigation case of illegal release of alien species was pronounced in the first instance

　　Chinanews.com, February 3. According to the official WeChat message of the Higher People's Court of Jiangsu Province, on February 3, 2023, the Nanjing Environmental Resources Tribunal held a public hearing in the People's Court of Jintan District, Changzhou City to try the country's first illegal case brought by the Nanjing Municipal People's Procuratorate. Introduced civil public interest litigation of alien species and pronounced judgment in court.

　　The Nanjing Environmental Resources Court found after the trial that in December 2020, the defendant Xu bought black fish and catfish from the defendant Liu for release without reporting to the competent authority.

On the morning of December 15, 2020, Xu was preparing to release the animals in Qianzi Lake, but was stopped by the staff and the crowd at the scene and called the police. Xu and others then went to Changdang Lake near the Wenluogang Bridge, and Liu was responsible for the release. 25,000 catties of catfish were transported to the site, and a large number of catfish died later.

On December 20, the Jintan District of Changzhou City and the Changdang Lake Fishery Supervision Brigade of Liyang City began to organize personnel to salvage. As of February 9, 2021, a total of 10 days of salvage have been salvaged, and a total of 20,208 catties of dead catfish have been salvaged.

　　According to the identification of the Freshwater Fisheries Research Center of the Chinese Academy of Fishery Sciences, the catfish put in is the leather beard catfish, which is an exotic species.

Experts from South China Normal University believe that the compensation (compensation) for direct damage to Changdang Lake’s fishery resources caused by the release of animals involved in the case is not less than 7,427.6 to 44,565.5 yuan, and the service function during the period from damage to the ecological environment of Changdang Lake to the completion of restoration Loss of 5,000 to 6,000 yuan.

In addition, the expert evaluation fee is 18,000 yuan.

　　During the trial, Dr. Liu Changjing from Nanjing Forest Police College appeared in court as an expert assistant to explain the concept of alien species and alien species invasion, and fully explained the harm of releasing alien species and the prohibition of wanton release of alien species.

　　The Nanjing Environmental and Resources Tribunal held that Xu and Liu committed a large number of alien species to Changdang Lake without reporting to the local fishery administrative department, which violated state regulations and resulted in the violation of environmental and biological elements in the water area. Unfavorable changes that cause ecological damage should bear the responsibility for ecological damage compensation and apply punitive compensation within the scope of service function loss.

The court ruled that the defendants Xu and Liu should be jointly and severally liable for ecological resource loss of 30,000 yuan, service function loss of 5,000 yuan, and expert evaluation fee of 18,000 yuan caused by the illegal release of the alien species leather beard catfish; joint and several punitive damages of 5,000 yuan and the above-mentioned compensation will be used to restore the ecological environment of Changdang Lake and publicize the rule of law for ecological environment protection after scientific demonstration.

　　Alien species invasion is a major security issue that threatens national biodiversity, ecological security and public health, and has risen to the height of national security strategy.

Blind release without scientific guidance and legal supervision will cause damage to the local ecosystem and bring huge risks to biological safety, and corresponding legal responsibilities should be borne.

　　This case is a civil public interest litigation case caused by the illegal release of alien species.

The Nanjing Environmental and Resources Court strictly enforces the "Biosafety Law of the People's Republic of China" and is the first to hear civil public interest litigation cases involving the release of alien species nationwide. Use punitive compensation funds for biosafety risk prevention matters, educate the public about the dangers of alien species invasion, guide the public to establish the concept of biosafety, consciously abide by laws and regulations on ecological and environmental protection, and carry out release activities scientifically and legally.