Provisions on fishery administrative punishment

The provisions of the fishery administrative punishment are:

Article 1 In order to strictly enforce fishery laws and regulations, standardize fishery administrative punishment and protect the legitimate rights and interests of fishery producers, these Provisions are formulated in accordance with the Fisheries Law, the Detailed Rules for the Implementation of the Fisheries Law and the Administrative Punishment Law.

Article 2 Administrative penalties for illegal fishery activities are divided into the following categories:

(1) a fine;

(two) confiscation of catches, illegal income and fishing gear;

(3) Suspending or revoking fishing licenses and other fishing licenses;

(four) other penalties prescribed by laws and regulations.

Article 3 No administrative punishment shall be imposed if the circumstances of illegal fishery activities are minor and corrected in time, but no harmful consequences have been caused.

One of the following illegal acts shall be given a lighter punishment:

(1) voluntarily eliminating or mitigating the consequences of illegal fishing activities;

(two) to cooperate with the fishery law enforcement departments to investigate and deal with illegal acts of fishery;

(3) Other fishery administrative punishments that can be lightened or mitigated according to law.

Article 4 Whoever commits one of the following acts shall be given a heavier punishment:

(a) illegal fishing for more than three times in a year;

(two) serious damage to fishery resources;

(three) the impact of illegal fishing;

(four) the same illegal act violates two or more provisions;

(5) evading or resisting inspection.

Article 5 The units that need to be fined in these Provisions are:

(a) trawl, gill net, fishing hook and other work boats, with a single boat;

(two) purse seine operation, there are operating units;

(3) Fixed-point operation, with single ship operation and single operation unit operation for non-ship operation;

(four) fried fish, poisonous fish, illegal electric fish and osprey fishing, with a single boat will be punished, without a boat will be punished;

(5) Those who engage in offshore driving, diving and other operations without a ship shall be punished by others.

Article 6 In accordance with the provisions of Article 28 of the Fisheries Law and Article 29 of the Detailed Rules for Implementation, if any of the following acts is committed, the catch and illegal income shall be confiscated, a fine shall be imposed, and fishing gear and fishing license may be confiscated. Fines shall be implemented in accordance with the following standards:

(1) Poisoning and frying fish in inland waters shall be given a lighter punishment ranging from 200 yuan to a fine of 3,000 yuan, and a heavier punishment ranging from 3,000 yuan to 5,000 yuan; In the ocean, those who are given a lighter punishment shall be fined from 500 yuan to 1 10,000 yuan, and those who are given a heavier punishment shall be fined from 1 10,000 yuan to 50,000 yuan.

(two) knock (ancient) ship operation, a lighter punishment ranging from 1000 yuan to 10000 yuan fine, a heavier punishment ranging from 10000 yuan to 50000 yuan fine.

(three) unauthorized use of electric fishing, a fine of two hundred yuan to one thousand yuan in inland waters; Impose a fine of 500 yuan to 3000 yuan on the ocean.

(four) unauthorized fishing of rare and endangered aquatic animals prohibited by the state, according to the "Regulations on the implementation of aquatic wildlife protection in People's Republic of China (PRC)".

(five) the use of nets smaller than the prescribed minimum mesh size for fishing, and the fine for non-vessel operation is from 50 yuan to 500 yuan; For ship management, a fine of more than 500 yuan 1000 yuan shall be imposed.

(six) illegal use of osprey fishing, punishable by a fine of fifty yuan to two hundred yuan.

(seven) fishing in violation of the provisions of the closed fishing period (closed fishing period, protected period) and closed fishing area (closed fishing area, protected area):

1, in inland waters, a lighter punishment shall be imposed with a fine of 50 yuan to 3,000 yuan, and a heavier punishment with a fine of 3,000 yuan to 5,000 yuan;

2, in the ocean, inland waters are not allowed to ship operations in accordance with the provisions of punishment; If a ship is used for operation, it shall be punished according to the power of the main engine of the fishing boat:

Main engine power (kW) shall be given a lighter punishment (Yuan) and a heavier punishment (Yuan).

Less than 14.7 and non-motorized boats 500-3000 3000- 10000.

14.7- less than147.1800-1000010000-20000.

Above147.11000-20000-50000

(14.7 kw =20 HP; 147. 1=200 HP)

Article 7 According to the provisions of Article 29 of the Fisheries Law and Article 30 of the Detailed Rules for Implementation, anyone who steals or robs aquatic products cultivated by others and damages the water bodies and facilities cultivated by others shall be ordered to compensate for the losses and be fined less than 1000 yuan.

Article 8 According to the provisions of Article 30 of the Fisheries Law and Article 31 of its detailed rules for implementation, anyone who fishes without a fishing license shall have his catch and illegal income confiscated and may also be fined. If the circumstances are serious, fishing gear may also be confiscated. Fines shall be implemented in accordance with the following standards:

(a) a fine of fifty yuan to one hundred and fifty yuan for non-motorized fishing boats in inland rivers.

(two) inland waters motor fishing boats and marine non-motor fishing boats fined one hundred yuan to five hundred yuan.

(three) marine motor fishing boats shall be punished according to the power of the main engine:

Main engine power (kW) shall be given a lighter punishment (Yuan) and a heavier punishment (Yuan).

Less than14.7 200-3000 3000-10000

14.7- less than147.1500-1000010000-15000.

147. 1 above1000-1500015000-20000

(14.7 kw =20 HP; 147. 1=200 HP)

Those who fail to inspect the license, carry the license or fish in accordance with the provisions shall be punished in accordance with the provisions of the preceding paragraph of this article.

Article 9 According to the provisions of Article 31 of the Fisheries Law and Article 32 of the Detailed Rules for Implementation, if a fishing boat with a fishing license violates the provisions of the license on the type of operation, place, time limit and the number of fishing gear, its catch and illegal income shall be confiscated and a fine may be imposed. If the circumstances are serious, the fishing gear may be confiscated and the fishing license revoked. Fines shall be implemented in accordance with the following standards:

(a) inland non-motorized fishing boats shall be fined from 25 yuan to 50 yuan.

(two) inland river motorized fishing boats and marine non motorized fishing boats are fined fifty yuan to one hundred yuan.

(three) offshore motor fishing boats fined fifty yuan to three thousand yuan.

(4) If offshore fishing boats enter offshore fishing without authorization, they shall be given a lighter penalty of 3,000 yuan to 1 10,000 yuan, and a heavier penalty of 1 10,000 yuan to 20,000 yuan.

Article 10 According to the provisions of Article 32 of the Fisheries Law and Article 33 of the Detailed Rules for Implementation, anyone who buys, sells, leases or illegally transfers or alters his fishing license shall have his illegal income confiscated, his fishing license revoked and may also be fined. Fines shall be implemented in accordance with the following standards:

(a) buying, selling, leasing or illegally transferring fishing licenses in other forms, and imposing a fine of 100 yuan to 1000 yuan on the illegal parties;

(two) alter the fishing license, a fine of one hundred yuan to one thousand yuan;

Eleventh in violation of the provisions of the law on the prevention and control of water pollution, resulting in fishery pollution accidents, according to the following provisions shall be fined:

(a) impose a fine of not less than ten thousand yuan but not more than fifty thousand yuan on the unit that caused the pollution accident;

(two) causing significant economic losses, a fine of 30% of the direct losses shall be calculated, but the maximum amount shall not exceed 200,000 yuan.

Article 12 If the fish species caught in the fishery resources under special state protection do not meet the fishing standards and exceed the prescribed proportion, the over-proportion of juvenile fish shall be confiscated and a fine of not more than 30,000 yuan may be imposed; If the punishment is heavier, the catch may be confiscated.

Article 13 Anyone who, in violation of the provisions of Articles 24 and 25 of these Detailed Rules, fishes or purchases aquatic animals with important economic value without authorization shall have his offspring, parents and illegal income confiscated, and may also be fined not more than 30,000 yuan.

Article 14 In violation of the provisions of Article 16 of these Detailed Rules and without the approval of the relevant competent authorities in the State Council, fishing boats engaged in offshore fishing with Chinese-foreign joint ventures and cooperative fishing enterprises shall, in accordance with the provisions of Article 36 of these Detailed Rules, confiscate their catches and illegal income, and may also be fined between 3,000 yuan and 50,000 yuan.

Article 15 Foreigners and foreign fishing boats that violate the provisions of Article 8 of the Fisheries Law and enter the waters under the jurisdiction of People's Republic of China (PRC) without authorization to engage in fishery production or fishery resources investigation shall be ordered to leave or be expelled in accordance with the provisions of Article 37 of the Implementing Rules, and may also be fined and their catches and fishing gear confiscated.

Article 16 China fishing boats that violate the international fishery treaties concluded or acceded to by China and the generally recognized norms of international relations may be fined.

Article 17 Whoever, in violation of the provisions of Article 26 of the Detailed Rules for the Implementation, directly draws water or uses water in the key seedling producing areas of fish, shrimp, shellfish and crab, and fails to take protective measures such as avoiding seedling intensive areas, intensive periods or setting grids, may be fined not more than 10,000 yuan.

Article 18 Where a fine is to be imposed in accordance with the provisions of Articles 28, 30, 31 and 32 of the Fisheries Law, the captain or the person in charge of the unit shall be fined between 100 yuan and 500 yuan according to the provisions of Article 34 of the detailed rules for implementation.

Article 19 A vessel engaged in fishing activities without a name, certificate or port of registry may be fined less than twice the price of the vessel and may be confiscated. Illegal construction or modification of fishing boats that fail to fulfill the examination and approval procedures shall be confiscated.

Article 20 According to the provisions of fishery administrative punishment, the punished party may detain his fishing license and fishing gear before executing the punishment.

Article 21 The Ministry of Agriculture shall be responsible for the interpretation of these Provisions.

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