First, the meaning of illegal fishing of aquatic products refers to the behavior that the actor uses prohibited methods or tools to catch aquatic products within the fishing ban or during the fishing ban period, and the circumstances are serious. The punishment of the perpetrator or the person in charge of the unit in criminal law is generally fixed-term imprisonment of not more than three years and a fine.
Two, the acceptable standard of illegal fishing of aquatic products (that is, the impact on the behavior is more serious judgment):
1. On the premise of meeting the above conditions, the value of aquatic products caught in inland waters and non-privately owned waters is more than 500 kilograms, or the value is more than 5,000 yuan; If the fishing range is in the marine field, the fishing amount is more than 2000 kilograms or the value is more than 20 thousand yuan.
2 fishing products belong to fry or other fish products, and the fishing quantity is above 50 kg or the value is above 500 yuan; For offshore fishermen, the catch is more than 200 kilograms or the fishing value is more than 2,000 yuan.
3. Take illegal fishing as an example. According to the Marine Protection Law, fishing methods must not endanger environmental sanitation or destroy natural resources. Therefore, if the fishing process may have adverse effects on other marine life, fishing may still constitute a crime regardless of whether the catch is huge or not.
4. Tools and behaviors used in fishing. If some tools that are particularly cruel or endanger the personal safety of society are used in fishing activities, it may also reach a major situation. For example, if an actor uses a sharp weapon for fishing, as long as a fish passes by, he will be caught, and both big fish and small fish will not let go. So this tool is too violent, which is not conducive to the normal reproduction of fish and does not leave opportunities for the descendants of fish pie.
5. Other circumstances that may be serious.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 85 When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs, the time for reporting for examination and approval can be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.