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Is fishing illegal? How to punish it?
what's the penalty for fishing during the closed fishing season?
Anyone who fishes in the closed fishing area or during the closed fishing period may be fined; If the circumstances are serious, it will also constitute the crime of illegal fishing of aquatic products and need to bear corresponding criminal responsibility.
Article 38 of the Fisheries Law stipulates that those who use fried fish, poisonous fish, electric fish and other methods to destroy fishery resources, those who violate the provisions on closed fishing areas and closed fishing periods, or those who use prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size, or those who catch more than the prescribed proportion of juvenile fish, shall have their catches and illegal income confiscated and be fined less than 5, yuan; 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.
article 34th of the criminal law stipulates that anyone who, in violation of laws and regulations on the protection of aquatic resources, catches aquatic products in prohibited fishing areas or seasons or uses prohibited tools and methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
what is the crime of illegal fishing of aquatic products?
the crime of illegal fishing of aquatic products refers to a serious act of fishing aquatic products in a closed fishing area or period or using prohibited tools and methods in violation of laws and regulations on the protection of aquatic resources. One of the crimes of disrupting the socialist economic order in China's criminal law.
The constitution of the crime of illegal fishing of aquatic products:
(1) The object of the crime is the national management and protection system of aquatic resources.
(2) The objective aspect of the crime is the serious behavior of fishing aquatic products in the closed fishing area, closed fishing period or using prohibited tools and methods. No-fishing area and no-fishing period refer to certain areas designated for some important spawning grounds, wintering grounds and breeding and growth places of fish, shrimp and shellfish, and all operations are prohibited or restricted within a certain period of time.
(3) The subjective aspect of the crime is intentional.
(4) The subject of crime is the general subject.
Legal basis:
Article 2 of the Law of the People's Republic of China on the Administration of Public Security disturbs public order, endangers public security, infringes on personal rights and property rights, hinders social management, and is socially harmful. If a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated according to law, but criminal punishment is not serious.
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