How to punish illegal fishing during the fishing ban?

Depending on the specific situation, different provinces have different regulations. As stipulated by Jiangsu Province, illegal fishing in the no-fishing area will confiscate the catch and impose a fine on 200 yuan; Fishing with multi-pole, multi-hook, anchor fish, long-line hook and other devices, or selling the catch, the catch, illegal income and fishing gear shall be confiscated and a fine of more than 200 yuan but less than 2,000 yuan shall be imposed; Those who use visual equipment or use boats, boats, rafts, floats and other auxiliary fishing shall have their catches, illegal gains, fishing gear and visual equipment confiscated, and be fined between 2,000 yuan and 20,000 yuan.

The penalties for being caught fishing during the closed fishing period are as follows:

1. Those who fish in violation of the provisions of the closed fishing area and closed fishing period shall have their catches and illegal income confiscated and be fined not more than 50,000 yuan;

2. If the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked;

3. If the circumstances are particularly serious, the fishing boat may be confiscated;

4, constitute a crime, shall be investigated for criminal responsibility according to law.

1. 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 no-fishing area, no-fishing 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 crime is the national management and protection system for aquatic resources.

2. The objective aspect of this crime is the serious behavior of fishing aquatic products in the closed fishing area, closed fishing period or using prohibited tools and methods. Closed fishing areas and closed fishing periods refer to certain areas designated for spawning grounds, wintering grounds and breeding and growth places of some important fish, shrimp and shellfish, and all operations are prohibited or restricted for a certain period of time.

3. The subjective aspect of crime is intention.

4. The subject of crime is the general subject.

Second, what is the standard for filing the crime of illegal fishing of aquatic products?

1, illegal fishing of aquatic products 1 10,000 kg or more110,000 yuan;

2, illegal fishing has important economic value of aquatic animal fry, pregnant parents more than two thousand kilograms, or more than twenty thousand yuan worth;

3, in the aquatic germplasm conservation zone fishing more than two thousand kilograms of aquatic products or more than twenty thousand yuan worth.

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

Legal basis: People's Republic of China (PRC) Fisheries Law.

Article 38 If the methods of destroying fishery resources, such as fried fish, poisonous fish and electric fish, violate the provisions of closed fishing areas and closed fishing periods, or use 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.

Criminal law of the people's Republic of China

Article 340th The crime of illegal fishing of aquatic products violates the laws and regulations on the protection of aquatic resources. Those who fish aquatic products in no-fishing areas or during no-fishing periods or use 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 fines.