On 13 November 2019, the M/V ‘INDUS TRIUMPH’ entered a restricted area in Chinese waters to anchor in strong winds. Subsequently, the owner received claims from two local fish farmers who alleged that their scallop and oyster farms were damaged by the vessel. Both farms were unable to quantify their losses, nor did they have the required marine culture certificate and sea area use certificate.
In an attempt to prove their losses, the farmers prepared statements issued by the local village committee, fish farmer co-operative and other fish farmers. In addition, they had appointed a local surveying firm to issue a report, which asserted that 52 rafts of oysters in the sum of RMB1,621,726.14 (Farmer 1) and 52 rafts of scallops in the sum of RMB1,661,885.16 (Farmer 2) had been damaged by the member’s ship. On the basis of the report, the two fish farmers filed claims against the shipowner in The Qingdao Maritime Court (‘the QMC’).
Please see attached file for details.
中国法院对未经证实的养殖区索赔说不
2019 年 11 月 13 日，M/V INDUS TRIUMPH 号轮为在强风中抛锚而驶入中国水域禁区。其后，船东收到两名当地养殖户的索赔。养殖户声称其扇贝养殖区和牡蛎养殖区因船舶受损。这两个养殖区都无法量化损失，也没有必要的海域水产养殖证和海域使用权证。
为了证明他们的损失，养殖户提供了当地村委会、养殖合作社和其他养殖户的陈述。此外，他们还委托了一家当地调查公司发布报告，报告显示该会员的船舶造成 52 筏牡蛎受损，总计人民币 1621726.14 元（养殖区 1），并造成 52 筏扇贝受损，总计人民币 1661885.16 元（养殖区 2）。该报告显示，两名养殖户向青岛海事法院 (the QMC) 对船东提出索赔。
详细信息请参阅附件。
