The latest regulations on fishing ban in Shanghai in 2023

The latest fishing ban in Shanghai in 2023 is as follows:

1, inland closed fishing time: February 16 12 to May 16 12, 2023;

2. Inland closed fishing areas: open and natural fishing waters within the jurisdiction, including lakes and rivers (rivers);

3. Prohibited types: all types of fishing operations except recreational fishing;

4. Prohibition of fishing gear and behavior: it is forbidden to use fishing gear that destroys fishery resources, such as inserting nets, selling nets, cage nets, and machine-sucking harrows, and it is forbidden to use the method of "electric, poisonous and fried" fish to fish.

Penalties for illegal fishing are as follows:

1. If it does not constitute a crime, 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;

2. Whoever, in violation of the laws and regulations on the protection of aquatic products resources, catches aquatic products in no-fishing areas, no-fishing periods or uses prohibited tools and methods, if the circumstances are serious enough to constitute the crime of illegal fishing of aquatic products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine.

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

1, object elements, the object of this crime is the national management system for the protection of aquatic resources;

2. objective factors. Objectively speaking, this crime is manifested as the 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;

3, the main elements, the subject of this crime is the general subject, that is, anyone who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime. The unit can also be the subject of this crime;

4. Subjective factors. The subjective aspect of this crime is intentional.

To sum up, in order to protect the ecological resources and environment of the Huangpu River and other inland waters in Shanghai, promote the sustainable development of fishery resources, and strengthen the fishing regulation of illegal fishing gear, during the fishing ban period, the Huangpu River and other inland waters within the jurisdiction of Shanghai also began to be completely closed to fishing, including open and natural fishing waters, lakes and rivers (underground rivers). All types of fishing are prohibited except recreational fishing. Leisure fishing is one person, one pole, one line and one hook.

Legal basis:

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.

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.