How to judge the electric fish in your own fish pond

Electric fish is illegal. No matter the size of the species, it is an extinct culling behavior, which will cause devastating damage to the fishery, and will also accidentally injure people, livestock and poultry falling into the water, endangering public safety. This is an act of killing the goose that lays the golden eggs. If the electric fish in a fish pond belongs to a fish pond operated by a private person or a company, it 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; Wild fish suspected of illegally catching aquatic products, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine.

1. Is electric fish illegal?

1, electric fish is illegal. Electric fish, regardless of its species or size, are extinct, which will do great harm to fisheries, injure people, livestock and poultry in the water by accident, and endanger public safety. Therefore, once found, the catch and illegal income will be confiscated. The specific punishment depends on the damage caused.

2. Legal basis: Article 30 of the Fisheries Law of People's Republic of China (PRC).

It is forbidden to use 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

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.

Second, the electric fish is caught and usually detained for a few days.

Electric fish are generally detained for several days according to the situation, and the specific penalties are as follows:

1. If it is determined that electric fishing is suspected of illegal fishing of aquatic products, it is a criminal detention, with a maximum detention of 37 days;

2. Depending on the evidence, if there is evidence to prove that there is a criminal fact, you can arrest and continue to investigate and detain. Under normal circumstances, it takes about 5 months for the court to make a judgment.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 264 of the Criminal Law.

Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.