The Changzhi section of the main stream of the Yellow River (tributaries of the Fen River and the Qin River) is closed to fishing from April 1 to July 31, and all fishing operations are prohibited; The main stream of the Changzhi section of the main stream of the Haihe River (Zhuozhang River, Qingzhang River, Wei River) and its first-class tributaries are closed to fishing from May 16 to July 31, and all operations except fishing tackle are prohibited. At present, the Changzhi section of the main stream of the Yellow River and the Changzhi section of the main stream of the Haihe River have entered the fishing ban period, the Municipal Agriculture and Rural Bureau, the Municipal Agricultural Comprehensive Administrative Law Enforcement Team announced the illegal fishing reporting methods and the typical cases of illegal fishing in recent years, and further unblocked the channels for fishing-related complaints and reports, popularized the "Fishery Law of the People's Republic of China" and other laws and regulations, jointly resisted illegal fishing, and severely cracked down on illegal fishing violations such as deterring electric fish. If you find illegal fishing and other illegal activities, please call the reporting number according to the place where the illegal behavior occurred and actively report it.
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Links to legal provisions
Article 30 of the Fishery Law of the People's Republic of China
It is forbidden to use methods that damage fishery resources, such as exploding fish, poisoning fish, and electrocuting fish. It is forbidden to manufacture, sell, or use prohibited fishing gear. It is forbidden to fish in closed areas and during closed fishing periods. It is forbidden to use nets smaller than the minimum mesh size for fishing. No more than a prescribed proportion of juveniles should be caught. The sale of illegally caught fish is prohibited in closed areas or during closed fishing periods.
Article 38 of the Fishery Law of the People's Republic of China
Anyone who uses methods that damage fishery resources such as exploding fish, poisoning fish, or electrocuting fish, or who fishes in violation of the provisions on prohibited fishing areas and fishing ban periods, or who uses prohibited fishing gear, fishing methods, and nets smaller than the minimum mesh size for fishing, or where the proportion of juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal gains 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; where the circumstances are especially serious, the fishing vessel may be confiscated; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where illegally caught fish are sold in a fishing ban area or during a fishing ban period, the fishery administrative department of the local people's government at or above the county level shall promptly investigate and deal with it.
Those who manufacture or sell prohibited fishing gear shall have their illegally manufactured or sold fishing gear and unlawful gains confiscated and shall be fined up to 10,000 yuan.
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 or 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.
Case Alerts
1. Case of illegal fishing of aquatic products by Wang in Tunliu District, Changzhi City
In June 2021, the Agriculture and Rural Bureau of Tunliu District, Changzhi City, received a complaint and report call, reflecting that Wang was illegally fishing in the Jianghe River Basin of Tunliu District. Law enforcement officers immediately went to the scene to inspect and found one "three-no" vessel, one battery, one transformer, and one fishing net used for illegal fishing in his place of residence. After filing the case and finding out, according to the "Changzhi City Water Tidal Flat Planning (2018-2030)", the Jiang River in Tunliu District belongs to the Haihe River Basin, and the party Wang used batteries and fish traps to fish in the Jiang River in the Tunliu District during the fishing ban period of the Haihe River. According to Article 340 of the Criminal Law of the People's Republic of China, the conduct of the parties is suspected of constituting a criminal offense, and the Agriculture and Rural Affairs Bureau of Tunliu District, Changzhi City, has transferred the case to the local public security organ in accordance with the law.
2. Liu's use of electric fish to conduct fishing
In March 2022, Qinyuan County Agricultural Comprehensive Administrative Law Enforcement Personnel conducted a fishery administration law enforcement inspection in the Qinhe River in Qinhe Town, Qinyuan County, and found that Liu used the electric fish method to fish in the river. After filing a case for investigation, the party Liu used electric fish to catch 6.9 kilograms of fish in the Qinhe River on March 2. According to Article 38 of the Fishery Law of the People's Republic of China, the Qinyuan County Agriculture and Rural Bureau confiscated the electric fishing tools and catches of the parties, and imposed an administrative penalty of a fine of 4,000 yuan.
3. The case of Jia Mouguo in Wuxiang County poaching aquatic products cultivated by others
In April 2023, the Wuxiang County Agricultural Comprehensive Administrative Law Enforcement Team received a notification from the Guanhe Police Station of the Wuxiang County Public Security Bureau that someone was poaching fish in the Guanhe Reservoir in Wuxiang. Law enforcement officers immediately went to investigate and verify, and found 2 fishermen, a rubber boat, a bag of fishing nets and a number of catches at the scene. After filing the case, Jia Mouguo asked his younger brother Jia Moumin (who has been handled in a separate case) to drive a black Dongfeng Honda CRV vehicle with a license plate number of Jin A1EK** on the afternoon of April 29, carrying rubber boats and fishing nets to the Guanhe Reservoir to lower the nets and catch 10 kilograms of crucian carp. The aquaculture right holder of Guanhe Reservoir in Wuxiang County is the Guanhe Reservoir Development Center of Wuxiang County, and the water tidal flat aquaculture license number: Jinwuxiang County Government (Dan) Cultivation Certificate [2022] No. 00001. In accordance with Article 39 of the Fishery Law of the People's Republic of China and in accordance with Item 196 of the Provincial Agricultural Administrative Punishment Discretion Benchmark (2022 Edition), the Wuxiang County Agriculture and Rural Bureau imposed an administrative penalty of a fine of 2,000 yuan on the party.
Fourth, the case of Guo Mouliang and Guo Mouliang using the electric fish method to conduct fishing in the cantonment area
In July 2023, the law enforcement officers of the Tunliu Brigade of the Changzhi Municipal Agricultural Comprehensive Administrative Law Enforcement Team received a clue from the Lucun Township Police Station of the Tunliu Branch of the Changzhi Municipal Public Security Bureau, saying that someone was electrocuting fish in the waters near the east of the Nanhe River in Guozhuang Village, Lucheng Township, Tunliu District. After filing the case, it was found that the parties Guo Mouliang and Guo Mouliang carried electric fish tools to the waters near the south of Guozhuang Village, Lucun Township at 16:30 on July 13 to carry out electric fish operations, and there was no catch when they were found to be inspected. According to the Notice of the Ministry of Agriculture and Rural Affairs on the Implementation of the Fishing Ban Period System in Four River Basins, including the Haihe River, the Liaohe River, the Songhua River and the Qiantang River (Circular [2019] No. 1 of the Ministry of Agriculture and Rural Affairs) and the Notice of the Shanxi Provincial Department of Agriculture and Rural Affairs on the Fishery Administration and Management of the Fishing Ban Area during the 2023 Fishing Ban Period (Circular [2023] No. 2 of the Shanxi Provincial Department of Agriculture and Rural Affairs), the waters involved and the time of the incident belong to the fishing ban area and the fishing ban period, and the behavior of the parties is suspected of committing a crime, July 2023, The Changzhi Municipal Bureau of Agriculture and Rural Affairs transferred the case to the Tunliu Branch of the Changzhi Municipal Public Security Bureau, and the Tunliu Branch of the Changzhi Municipal Public Security Bureau is currently investigating the parties on suspicion of illegal fishing of aquatic products.
Editor: Yuan Yifan
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