First, how to sentence electric fishing during the fishing ban?
1) Paragraph 1 of Article 38 of the Fisheries Law of People's Republic of China (PRC) stipulates that: if fishing is carried out by methods such as fried fish, poisonous fish and electric fish, or if fishing is carried out in violation of the provisions of closed fishing areas and closed fishing periods, or if fishing is carried out by prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size, or if the juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal income shall be confiscated. 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; If a crime is constituted, criminal responsibility shall be investigated according to law.
2) The act of discharging electric fish into the water itself is an illegal act of using electricity. Whoever causes personal or property damage to others shall be investigated for criminal responsibility in accordance with the Criminal Law.
3) This "electric fish" behavior also endangers public safety. If there are no consequences, the public security organs shall give administrative punishment of detention or fine in accordance with the Law on Public Security Administration Punishment; if there are consequences, they shall be sentenced for endangering public security.
Second, how many kilograms of illegal fishing are put on file?
According to Article 63 of the 2008 Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, anyone who, in violation of the laws and regulations on the protection of aquatic resources, catches aquatic products in a closed fishing area, a closed fishing period or uses prohibited tools and methods shall file a case for prosecution under any of the following circumstances:
(1) Illegal fishing of aquatic products in inland waters with a value of more than 500 kilograms or more than 5,000 yuan, or illegal fishing of aquatic products in the sea with a value of more than 2,000 kilograms or more than 20,000 yuan;
(2) Illegal fishing of aquatic animal larvae and brooding parents with important economic value or fishing of aquatic products in protected areas, where the value of inland waters is more than 50 kilograms or more than 500 yuan, and that of marine waters is more than 200 kilograms or more than 2,000 yuan;
(3) Fishing with prohibited tools and methods in the no-fishing area;
(4) fishing with prohibited tools and methods during the fishing ban;
(5) Fishing with prohibited fishing gear on the high seas, causing serious impact;
(six) other serious circumstances.
Anyone suspected of illegally fishing aquatic products, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 63 of the Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs.
Fishing aquatic products in closed fishing areas, closed fishing periods or using prohibited tools and methods shall be filed for prosecution if it is suspected of any of the following circumstances:
(a) illegal fishing of aquatic products in inland waters with a value of more than 500 kilograms and more than 5,000 yuan, or illegal fishing of aquatic products in naval battles with a value of more than 2,000 kilograms and more than 20,000 yuan;
(2) Illegal fishing of aquatic animal larvae and brooding parents with important economic value or fishing of aquatic products in protected areas,
More than 50 kilograms in inland waters or more than 500 yuan, more than 200 kilograms in marine waters or more than 2,000 yuan.