Provisions on fishery administrative punishment (revised in 2022)

Article 1 These Provisions are formulated in accordance with the Fisheries Law of People's Republic of China (PRC) (hereinafter referred to as the Fisheries Law), the Detailed Rules for the Implementation of the Fisheries Law of People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules) and the Administrative Punishment Law of the People's Republic of China in order to strictly enforce fishery laws and regulations, standardize fishery administrative penalties and protect the legitimate rights and interests of fishery producers. 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 If the circumstances of fishery violations are minor and corrected in time, and no harmful consequences are caused, no punishment shall be imposed. If the illegal fishery act is carried out for the first time and the harmful consequences are slight and corrected in time, it may not be punished. If the parties have sufficient evidence to prove that they have no subjective fault, they will not be given administrative punishment. If the illegal acts of the parties are not given administrative punishment according to law, the parties shall be educated. One of the following acts shall be given a lighter or mitigated punishment:

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

(2) Being coerced or tricked into illegal fishing by others;

(3) voluntarily confessing illegal acts that have not been mastered by fishery law enforcement departments;

(four) to cooperate with the fishery law enforcement departments to investigate and deal with illegal fishery activities;

(five) other illegal fishery acts that should be given a lighter or mitigated punishment 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 According to the provisions of Article 38 of the Fisheries Law and Article 29 of the Implementation Rules, any of the following acts shall be confiscated and fined; If the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; If the circumstances are particularly serious, the fishing boat may be confiscated. Fines shall be implemented in accordance with the following standards:

(a) using fried fish, poisonous fish, electric fish and other methods to destroy fishery resources, violating the provisions of closed fishing areas and closed fishing periods, or using prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size for fishing, or the juvenile fish in the catch exceeds the prescribed proportion, a fine of not more than 30,000 yuan shall be imposed in inland waters; In marine waters, a fine of fifty thousand yuan.

(2) knocking at the door? Homework, ranging from one thousand yuan to fifty thousand yuan fine.

(3) Fishing rare and endangered aquatic animals prohibited by the state without authorization shall be implemented in accordance with the Law of People's Republic of China (PRC) on the Protection of Wild Animals and the Regulations for the Implementation of the Protection of Aquatic Wild Animals in People's Republic of China (PRC).

(four) unauthorized use of osprey fishing, ranging from fifty yuan to two hundred yuan fine.

Those who engage in productive fishing in aquatic biological protection areas in the Yangtze River basin, or engage in productive fishing of natural fishery resources in key waters such as the main stream and important tributaries of the Yangtze River, large Tongjiang lakes and other special areas of the Yangtze River estuary during the fishing ban period shall be punished in accordance with the provisions of Article 86 of the People's Republic of China (PRC) Yangtze River Protection Law. Article 7 According to Article 39 of the Fisheries Law, anyone who steals or robs aquatic products cultivated by others, or damages water bodies and facilities cultivated by others, shall be ordered to make corrections and may be fined up to 20,000 yuan; If losses are caused to others, they shall be liable for compensation according to law. Article 8 In accordance with the provisions of Article 41 of the Fisheries Law, anyone who fishes without a fishing license shall have his catch and illegal income confiscated and be fined; If the circumstances are serious, fishing gear and fishing boats may be confiscated. Fines shall be implemented in accordance with the following standards:

(a) in inland waters, a fine of fifty thousand yuan.

(two) in marine waters, a fine of100000 yuan.

Those who fail to provide fishing licenses without justifiable reasons shall be punished in accordance with the provisions of the preceding paragraph of this article. Article 9 According to the provisions of Article 42 of the Fisheries Law, if a fishing boat with a fishing license violates the provisions of the license on the type of operation, place, time limit and quantity of fishing gear, its catch and illegal income shall be confiscated and it may also be fined; 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) in inland waters, impose a fine of twenty thousand yuan.

(two) in marine waters, a fine of fifty thousand yuan.