The task of the fishery administration department is to crack down on illegal and criminal activities such as electric fish, poisonous fish and fried fish, as well as legal activities such as manufacturing, selling and holding electric fish tools, curb illegal and criminal activities such as electric fish, poisonous fish and fried fish, protect fishery resources, and maintain the normal order of fishery production and social stability and stability.
Conduct law enforcement inspections on manufacturers, shops, websites and e-commerce platforms engaged in manufacturing and selling fishing gear, and severely investigate and deal with illegal manufacturing and selling of prohibited fishing gear such as electric trawls, electric fishing rods and similar inverters.
At the same time, the district fishery administration department carried out unannounced visits by fishing boats and fishermen and publicity and education on laws and regulations, and guided relevant personnel to take the initiative to stop operations within a time limit and hand in electric fishing gear.
In addition, for waters with frequent electric fishing activities, especially those with long electric fishing activities and many complaints from the masses, the frequency of law enforcement inspection and punishment will be increased, and all the electric fishing equipment and "three noes" fishing boats involved will be confiscated. The suspects involved will be transferred to the public security organs to ensure the orderly progress of special activities.
The criminal filing standard of electric fish
The catch and illegal income of electric fish shall be confiscated and a fine of less than 50 thousand yuan shall be imposed. 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.
If an actor is suspected of illegally fishing aquatic products in a fish pond, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine by the people's court. If the electric fish in the fish pond belongs to a fish pond operated by a private person or a company, the suspected theft will generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine.
Use electric fish to destroy fishery resources. Fishing in closed fishing areas and closed fishing periods. Use a net smaller than the minimum mesh size to fish. The juvenile fish in the catch exceeds the prescribed proportion. Selling illegally caught catches in closed fishing areas or closed fishing periods. Fishing gear and fishing methods used or restricted.
Anyway, electric fishing is illegal. Under normal circumstances, the catch and illegal income are confiscated and a fine of not more than 50,000 yuan is imposed. If the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked. To meet the criteria for filing a criminal case, the circumstances must be particularly serious and constitute a crime, and criminal responsibility shall be investigated according to law.
The fishery administrative departments of local people's governments at or above the county level shall promptly investigate and deal with those who sell illegal catches in closed fishing areas or closed fishing periods.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Fisheries Law.
Thirtieth prohibit the use of fried fish, poisonous fish, electric fish and other methods to destroy fishery resources for fishing. It is forbidden to manufacture, sell or use prohibited fishing gear. Fishing in closed fishing areas and closed fishing periods is prohibited. Fishing nets smaller than the minimum mesh size are prohibited. The juvenile fish in the catch shall not exceed the prescribed proportion. It is forbidden to sell illegally caught catches in closed fishing areas or closed fishing periods. The types of key protected fishery resources and their fishing standards, closed fishing areas and periods, fishing gear and fishing methods prohibited or restricted, minimum mesh size and other measures to protect fishery resources shall be stipulated by the fishery administrative departments of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 38 If the methods of destroying fishery resources, such as fried fish, poisonous fish and electric fish, violate the provisions of closed fishing areas and closed fishing periods, or use prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size for fishing, or if the juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal income shall be confiscated and a fine of not more than 50,000 yuan shall be imposed; 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. The fishery administrative departments of local people's governments at or above the county level shall promptly investigate and deal with those who sell illegal catches in closed fishing areas or closed fishing periods. Whoever manufactures or sells prohibited fishing gear shall confiscate the illegally manufactured and sold fishing gear and illegal income and impose a fine of less than 10,000 yuan.