Is fishing during the closed season a criminal case?

Fishing during closed seasons is a criminal matter. Anyone who violates laws and regulations on the protection of aquatic resources by fishing for aquatic products in prohibited fishing areas or seasons or using prohibited tools or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or a fine. Fishing during the fishing ban period, if the circumstances are serious, constitutes the crime of illegal fishing of aquatic products and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or a fine. Aquatic resources, including aquatic animals and plants with economic value, are valuable assets of the country. In order to strengthen the protection of aquatic resources, the state has passed legislation to make specific provisions on the reproduction, cultivation and fishing of aquatic resources. The criteria for registering a fishing moratorium during the summer season include illegal fishing of more than 10,000 kilograms of aquatic products or a value of more than 100,000 yuan. Illegal fishing of more than 2,000 kilograms of aquatic animal seeds and broodstock with important economic value or a value of more than 20,000 yuan. Catch more than 2,000 kilograms of aquatic products or more than 20,000 yuan worth of aquatic products in the protected area.

Article 38 of the "Fisheries Law of the People's Republic of China"* * *Use methods such as exploding fish, poisoning fish, electric fish, etc. to destroy fishery resources, violate the regulations of closed fishing areas and closed fishing periods, or use If fishing is carried out with prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size, or if the proportion of young fish in the catch exceeds the prescribed proportion, the catch and illegal gains will be confiscated and a fine of not more than 50,000 yuan will be imposed; in serious cases, Fishing gear will be confiscated and fishing licenses revoked; if the circumstances are particularly serious, fishing boats may be confiscated; if a crime is constituted, criminal liability will be pursued in accordance with the law. If illegal catches are sold in no-fishing areas or during no-fishing periods, the fishery administrative departments of the local people's governments at or above the county level shall investigate and deal with them in a timely manner. Anyone who manufactures or sells prohibited fishing gear will have the illegally manufactured or sold fishing gear and illegal income confiscated, and be fined not more than 10,000 yuan.

Which department is responsible for fishing during the closed fishing season?

Illegal electrofishing is under the jurisdiction of the public security fishery administration. If you discover such illegal activities, you can report them to the public security or fishery authorities. If the use of prohibited fishing gear or fishing methods to catch aquatic products does not cause serious harmful consequences; fishing in violation of the provisions of the fishing license on the type of operation, location and time limit is a general illegal act and does not constitute a crime, the fishery administrative department shall Or the public security organs may impose administrative penalties. The seriousness of the circumstances is the criterion for distinguishing the two.