On July 1, 2023, during the fishing ban period, defendants Lin and Li drove a fishing boat to release a fixed tandem inverted whisker cage in the sea near a wharf in Luoyuan County, and caught a total of 24.25 kilograms of fish, worth RMB 1,142, and the latter two defendants were seized while carrying the catch. After identification, the damage to aquatic biological resources in this case was 3,426 yuan. On December 11 of the same year, defendants Lin and Li took the initiative to pay 3,500 yuan for ecological restoration for the restoration of the marine ecological environment.
Identified
Defendant in the case
The use of a fixed tandem inverted whisker cage
The minimum mesh size is smaller than the national standard
It is prohibited fishing gear
During the period of the fishing ban, the defendants Lin and Li used prohibited fishing gear to catch aquatic products in the fishing ban area, and the circumstances were serious and constituted the crime of illegal fishing of aquatic products. In view of the defendant's admission of guilt and acceptance of punishment, truthful confession of his crime after arriving at the case, and taking the initiative to pay the marine ecological restoration fund, defendants Lin and Li were sentenced to three months of short-term detention with a four-month suspended sentence, and the tools of the crime seized in the case were confiscated.
The marine off-season fishing moratorium system is an important means for the mainland to conserve marine fishery resources, and the fishery resources have been recuperated, which has played an important role in controlling the intensity of marine fishing, protecting marine fishery resources and promoting the sustainable development of fisheries. Abide by the fishing ban is the obligation of every citizen to maintain the marine ecological environment, any unit or individual fishing aquatic resources, should comply with the relevant national laws on the type of operation, place, time limit and fishing gear specifications requirements, otherwise it will touch the bottom line of the law. I hope that the masses will not be lucky, defy the law, and do not let the "fishing net" touch the "legal net"!
Links to legal provisions
Article 340 of the Criminal Law of the People's Republic of China [Crime of Illegal Fishing of Aquatic Products] Violating the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, fishing ban periods, or using prohibited tools and methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine.
来源 | 罗源县人民法院编辑 | 李九岁