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Exploring a Blue Engine for Carbon and Protecting Marine Ecology

SOURCE:   CREATEDATE: 08 August 2024

  On May 16, Qingdao Maritime Court successfully concluded a civil public interest litigation case involving illegal fishing that damaged marine fishery resources and the ecological environment. For the first time, Qingdao Maritime Court ruled that the violator must restore the damaged marine natural resources and ecological environment through realizing “marine carbon sinks”. This case represents a beneficial attempt to precisely serve the “dual carbon” goals and is a vivid example of judicial efforts to protect the marine ecological environment.

  In June 2022, the defendant, Mr. Zhang, in pursuit of illegal profits, organized nine crew members to go fishing during the closed fishing season, despite being aware of the regulations. They caught 7,955 kilograms of wild mussels, valued at over 120,000 RMB, causing damage to the marine ecological environment and biodiversity. People's Procuratorate of Qingdao filed a civil public interest litigation to Qingdao Maritime Court, demanding that Mr. Zhang restore the damaged marine fishery resources and ecological environment or compensate for the ecological restoration costs of more than 380,000 RMB.

  Upon trial, the court found the facts about defendant Mr. Zhang's violation to be clear and the evidences conclusive. Therefore, Mr. Zhang shall assume the liability to restore the damaged marine fishery resources and ecological environment in accordance with law. If restoration is not possible, Mr. Zhang must bear the liability of compensating for the restoration costs.

  Diversifying the methods for restoring damaged natural resources and ecological environments is the proper meaning of applying alternative restoration approaches in environmental resource trials. In marine environmental resource trials. The commonly used restoration method in trials of marine environmental resources is the propagation and release. However, the technology for the propagation and release of mussels is still immature. By taking into full account of the facts of this case, the court decided to explore using “marine carbon sinks” as an alternative restoration method.

  The case-handling judge explained that the illegal fishing acts in this case not only damaged the marine ecological environment but also disrupted the carbon sequestration cycle and other marine ecosystem services. “Marine carbon sinks”, as an emerging alternative restoration method, can leverage the ocean's high carbon sequestration capacity and develop its potential for negative emissions. This approach is a crucial pathway to achieving peaking carbon emissions and carbon neutrality goals.

  Qingdao Maritime Court ultimately ruled that the environmental violator, Mr. Zhang, must restore the damaged marine natural resources and ecological environment by purchasing “marine carbon sinks” or by adopting other methods approved by the court to achieve "marine carbon sinks."

  Next, Qingdao Maritime Court will adhere to the concept of proactive performance of duty, enhance cooperation between courts and procuratorates, strengthen the coordination between government and courts, and explore the establishment of marine carbon sink bases. It aims to safeguard the construction of marine ecological civilization with "blue judiciary".

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  What are blue carbon sinks?

  According to China's industry standard Accounting Methods for Ocean Carbon Sink (HY/T 0349-2022), “marine carbon sinks” refer to the processes, activities, and mechanisms by which mangroves, salt marshes, sea grass beds, phytoplankton, macroalgae, and shellfish absorb and store atmospheric carbon dioxide from the air or seawater. This is also known as “blue carbon”. As the most important ecosystem on Earth, the ocean plays an irreplaceable role in carbon sequestration. It not only stores over 90% of the carbon dioxide on Earth but also removes more than 30% of the carbon dioxide emitted into the atmosphere ea

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