Will you be fined and detained if you are caught fishing?

Fishing is generally not illegal. If the offender fishes in an area where fishing is prohibited, he may be fined. If the perpetrator disturbs public order, infringes on property rights and hinders social management, which is harmful to society and not serious enough for criminal punishment, the public security organ will generally impose administrative penalties on public security in accordance with this Law.

The catch caught by the fishery administration is usually fined. Details are as follows:

1. If the circumstances of illegal fishing are relatively minor, a fine of less 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 shall be confiscated.

2, constitute a crime, shall be investigated for criminal responsibility according to law. The crime of illegal fishing of aquatic products refers to a serious act of fishing aquatic products in a no-fishing area, no-fishing period or using prohibited tools and methods in violation of laws and regulations on the protection of aquatic resources.

3, fishing should have enough environmental awareness, and the law should not be thin. The lightest thing about illegal fishing is a fine. If the circumstances are serious, it will be dealt with according to law, and offenders will be investigated for criminal responsibility.

What are the constitutive elements of the crime of illegal fishing of aquatic products?

1, objective elements, the object of the crime of illegal fishing of aquatic products is the national management system for the protection of aquatic resources;

2, objective elements, the crime of illegal fishing of aquatic products objectively manifests as the act of violating the laws and regulations on the protection of aquatic resources, fishing in prohibited fishing areas, closed fishing periods or using prohibited tools and methods;

3. Main constitutive requirements: The subject of the crime of illegal fishing of aquatic products is the general subject, that is, anyone who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime. Units can also become the subject of the crime of illegal fishing of aquatic products;

4. Subjective elements, the crime of illegal fishing of aquatic products is subjectively intentional.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 38 of the Fisheries Law of People's Republic of China (PRC).

Fishing by methods that destroy fishery resources, such as fried fish, poisonous fish, electric fish, etc., 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 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 not more than 10,000 yuan.