Does the fishery administration have the right to fine fishermen?

1. Does the fishery administration have the right to impose fines on fishermen

1. Whether the fishery administration has the right to impose fines on fishermen depends on the situation:

(1) All kinds of fishing activities are prohibited during the fishing ban, so the fishery administration has the right to impose fines on fishermen during the fishing ban;

(2) If it is forbidden to drag poisonous fish, electric fish and dense nets outside the closed fishing period, there is generally no right to impose fines.

2. Legal basis: Article 38 of the Fisheries Law of the People's Republic of China

If fishing is carried out by methods that destroy fishery resources, such as fried fish, poisonous fish, electric fish, etc., or if fishing is carried out in violation of the provisions on closed fishing areas and closed fishing periods, or if fishing is carried out with prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size, or if the juvenile fish in the catch exceeds the specified proportion, the catch and fish shall be confiscated. 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.

where illegal catches are sold in closed fishing areas or during closed fishing periods, the fishery administrative departments of the local people's governments at or above the county level shall promptly investigate and deal with them.

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 1, yuan.

2. What are the constitutive elements of the crime of illegal fishing of aquatic products

1. Object elements, the object of infringement is the national management system for the protection of aquatic resources;

2. The objective requirements are objectively manifested as the act of fishing aquatic products in the closed fishing area, closed fishing period or using prohibited tool forests and methods in violation of laws and regulations on the protection of aquatic resources;

3, the subject elements, the subject is the general subject;

4. Subjective elements are intentional subjectively.