Fishing during the closed fishing season is not illegal. Fishing with nets is mainly prohibited during the fishing ban, but fishing with fishing rods is ok.
The constitution of the crime of illegal fishing of aquatic products;
1。 The object of crime is the national management and protection system of aquatic resources.
2。 The objective aspect of this crime is a serious act of fishing aquatic products in a closed fishing area, closed fishing period or using prohibited tools and methods. Closed fishing areas and closed fishing periods refer to certain areas designated for spawning grounds, wintering grounds and breeding and growth places of some important fish, shrimp and shellfish, and all operations are prohibited or restricted for a certain period of time.
3。 The subjective aspect of crime is intention.
4。 The subject of crime is the general subject.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 38 of the Fisheries Law of People's Republic of China (PRC) * * * uses fried fish, poisonous fish, electric fish and other methods to destroy fishery resources, or violates the provisions of closed fishing areas and closed fishing periods, or uses 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, and if the circumstances are serious, a fine of less than 50,000 yuan shall be imposed.