On March 16, 2021, the Kaifu District People's Court of Changsha City held a public hearing in accordance with the law to hear the case of defendant Luo XX's illegal fishing of aquatic products, and the court sentenced Luo XX to two months of detention and two months' probation for the crime of illegal fishing of aquatic products.
▼Trial scene▼
Brief facts of the case
On October 20, 2020, defendant Luo Moumou placed shrimp cage nets in the waters near the east side of the Fuyuan Road Bridge in Kaifu District, Changsha City, and was seized by law enforcement personnel of the Changsha Municipal Bureau of Agriculture and Rural Affairs, and 5 shrimp cage nets were seized on the spot, and a total of 0.8 kg of various aquatic products were caught.
The defendant violated the laws and regulations on the protection of aquatic resources by using prohibited tools to catch aquatic products in prohibited fishing areas or during the fishing ban period, which is a serious circumstance and has no connection with the quantity or value of the aquatic products caught. Whoever, in accordance with the provisions of Article 340 of the Criminal Law of the People's Republic of China, violates the laws and regulations on the protection of aquatic resources by fishing in a fishing ban area, during a fishing ban period, or using prohibited tools or 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.
Which areas of Changsha are closed to fishing?
The Changsha section of the Xiangjiang River, the Liuyang River, the Laodao River, the Shuishui River, the Yuelu section of the Jin River and the Ningxiang section, the Xiangjiang River estuary to the Fenglin Road Bridge section of Longwanggang, and the Shahe Xiangjiang River estuary to the Tanjia Lane sluice section and other key water areas. The scope and time of fishing bans in other key waters shall be determined by the people's governments of each district, county (city). (Changsha Municipal People's Government "Notice on the Perennial Ban on Fishing in Key Waters of Changsha City")
What is the no-fishing period?
The main stream of the Yangtze River and important tributaries, except for aquatic biological nature reserves and aquatic species resources conservation areas, shall implement a temporary 10-year perennial fishing ban from 0:00 on January 1, 2021 at the latest, during which productive fishing of natural fishery resources will be prohibited. (Ministry of Agriculture and Rural Affairs "Yangtze River Ten-Year Fishing Ban Plan") In accordance with the "Fishery Law of the People's Republic of China" and "Hunan Provincial Fishery Regulations" and other provisions, the Municipal People's Government decided to implement a perennial fishing ban in key waters of the city. (Changsha Municipal People's Government "Notice on the Perennial Ban on Fishing in Key Waters of Changsha City")
Which are the disabled tools and methods?
It is forbidden to use methods such as fried fish, poisonous fish, electric fish and other methods to destroy fishery resources for fishing. The manufacture, sale and use of prohibited fishing gear is prohibited. Fishing in closed areas and during fishing ban periods is prohibited. Fishing with nets smaller than the minimum mesh size is prohibited. (Article 30, Paragraph 1 of the Fisheries Law of the People's Republic of China) Prohibits fishing by frying, poisoning and electricity. It is forbidden to use the Ecstasy Array, Barricading Net, Cloth Fence (Sand Jacket Net), Shrimp Array, Ermi Net, Linen Net, Buhao, Mihao, Mahao, Fanghan Tube, and Saichun Lake (Hong Kong). The use of motorized boats to tow iron claw rakes to catch river mussels and other aquatic animals is prohibited. It is forbidden to barricade, intercept catch in lakes or catch fish in nets in fish migration channels and gates. Cormorants are prohibited for fishing. When it is really necessary to use cormorants for fishing in specific waters, it is necessary to obtain the approval of the provincial fisheries administrative department or its authorized agency. The use of dwarf fences (including mud fences) for fishing is prohibited. Blood-resistant dwarf enclosures should be filled with water all year round to extinguish snails, and no water should be released for fishing. (Article 23 of the Fishery Regulations of Hunan Province)
Changsha is the central city of the middle reaches of the Yangtze River urban agglomeration and an important node city of the "Belt and Road", changsha courts fully recognize the severe situation and heavy responsibilities faced by the provincial capital city in the development and protection of environmental resources, accurately grasp the entry point and focus of environmental resources trial, and strive to explore the changsha model of environmental resource trial, forming the characteristics of the normalization of court presidents' court meetings, the efficient centralized trial and enforcement, and the large-scale judicial publicity. Since 2018, Changsha courts have concluded 1,585 criminal, civil and administrative cases of environmental resources, effectively cracking down on acts of damaging environmental resources. The Changsha court will take the implementation of the Yangtze River Protection Law of the People's Republic of China as an opportunity to intensify the crackdown on environmental resource crimes, carry out the "special action of the sword of environmental resources trial", and serve to ensure that the key waters of the Yangtze River Basin are prohibited from fishing and retiring fishing.
Source: Changsha Intermediate Court