Legal Interpretation
Article 340 of the Criminal Law of the People's Republic of China [Crime of Illegal Fishing of Aquatic Products]: Anyone who violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, during fishing ban periods, or using prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or a fine.
Paragraph 1 of Article 30 of the People's Republic of China Fisheries Law: It is forbidden to use methods that damage fishery resources, such as exploding fish, poisoning fish, and electrocuting fish. It is forbidden to manufacture, sell, or use prohibited fishing gear. It is forbidden to fish in closed areas and during closed fishing periods. It is forbidden to use nets smaller than the minimum mesh size for fishing. No more than a prescribed proportion of juveniles should be caught. The sale of illegally caught fish is prohibited in closed areas or during closed fishing periods.
Article 38 of the People's Republic of China Fishery Law: Anyone who uses methods that damage fishery resources such as exploding fish, poisoning fish, or electrocuting fish, or who violates the provisions on prohibited fishing areas and fishing periods, or who uses prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size for fishing, or whose catch exceeds the prescribed proportion of juvenile fish, shall have the catch and illegal gains confiscated and shall be fined not more than 50,000 yuan; if the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; where the circumstances are especially serious, the fishing vessel may be confiscated; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Paragraph 2 of Article 16 of the Ministry of Agriculture and Rural Affairs's Measures for the Identification (Identification) of Items Involved in Illegal Fishing Cases and the Assessment and Restoration of Damage to Aquatic Biological Resources (for Trial Implementation): The value of other catches shall be determined according to the amount of sales; If there is no sales amount, the sales amount is difficult to verify, or the sales amount is determined to be obviously low according to the sales amount, it shall be determined according to the market price; If it still cannot be identified, it shall be determined by the fishery administrative punishment organ or certified by the relevant price certification agency and issue a report.
Source: "Yixing Agriculture and Rural Affairs" WeChat public account
Production: Jianyang District Rong Media Center
First Judge: Yao Yingjie
Reviewer: Lin Xi, Wang Jiamin
Final review: Wu Shuyuan
Submission email: [email protected]