Laws prohibiting visual anchor fishing rods

1. Is it illegal to watch anchor fish?

1, see if the anchor fish is illegal, as the case may be:

(1) It is generally not illegal for the parties to visually inspect the anchor fish within the time stipulated by the state;

(2) If it is illegal for the parties to anchor fish visually during the fishing ban, it can be considered as illegal fishing, which is illegal at this time.

2. Legal basis: Article 340th of the Criminal Law of People's Republic of China (PRC).

The crime of illegal fishing of aquatic products violates the laws and regulations on the protection of aquatic resources. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

Article 38 of the Fisheries Law of People's Republic of China (PRC).

Fishing by means of destroying fishery resources such as fried fish, poisonous fish, electric fish, etc., in violation of the provisions of closed fishing areas and closed fishing periods, or fishing by using prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size, 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 department of the local people's government at or above the county level shall promptly investigate and deal with those who sell illegal catches in closed fishing areas and closed fishing periods.

Those who produce and sell prohibited fishing gear shall have their illegal fishing gear and illegal income confiscated, and be fined 1 10,000 yuan.

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

The constitutive elements of the crime of illegal fishing of aquatic products are as follows:

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 violating the laws and regulations on the protection of aquatic resources, fishing in the closed fishing area or during the closed fishing period, or using prohibited tool forests and methods to catch aquatic products;

3, the main element, the main body is the general main body;

4, subjective elements, subjective intention.