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Fishing with “Catching-All Net” During Fishing Ban Period
[2021-04-02]

    Court: Such Act Constitutes Crime of Illegally Fishing of Aquatic Products

In recent years, fish populations in the Yangtze River have diminished dramatically, and some are even endangered. Therefore, China has introduced laws and regulations to promote the protection and development of the Yangtze River. The Ministry of Agriculture and Rural Affairs announced a 10-year fishing ban on the key areas of the Yangtze River starting from January 1, 2020. The Law of the People’s Republic of China on the Protection of the Yangtze River also came into effect on March 1, 2021.

A few days ago, the Shanghai Railway Transportation Court (hereinafter referred to as the “SRTC”) heard in a public session a case concerning illegal fishing of aquatic products in the main course of the Yangtze River and in the East China Sea, and sentenced nine defendants to prison terms ranging from ten months to six months.

[Case Review]

From June to July 2020, nine defendants including Zhang (the main schemer in the case), Jin and Sun, for the purpose of reaping profits, knowingly organized multiple groups of fishing boats to carry out illegal fishing with such banned tools as “Catching-All Net” (a kind of illegal fine mesh net) on the main course of the Yangtze River and the East China Sea during the fishing ban period, and gained profits from selling the catch. They worked together, with each taking explicitly assigned individual responsibilities. Sun and Jin were responsible for contacting fishermen and selling their catch according to Zhang’s arrangement; Zhang was responsible for moving the catch to shore and transporting it to the place of sale. Before contacting fishermen, Zhang used technical means to learn the location and voyage information of the supervisory vessel of the fishery administration for determining the fishing locations that can evade supervision. As arranged by Sun and Jin, several fishing boat owners navigated their respective fishing boats to trawl in the areas of the main stream of the Yangtze River and the East China Sea at the fishing locations determined by Zhang. After successful fishing, the catch, with the help of specially assigned persons, will be weighed and transported ashore and loaded and set off to the place of sale.

On the night of July 12, 2020, Jin and Sun organized several fishing boat owners to trawl at the fishing locations determined by Zhang. The next day, the police according to the clues arrested the seven people including Zhang, Jin, and Sun. In September of the same year, the other two suspects surrendered to the police.

The police seized 94 boxes of catch with a total weight of more than 600 kilograms and a value of RMB 26,676 yuan. The fishing gears seized were single-boat winged (sleeved) single-bag trawlers, which are tools prohibited from being used on the main stream of the Yangtze River and nets with less-than-the-minimum mesh prohibited in the East China Sea area.

The suspects confessed the criminal facts after being arrested. Realizing the seriousness of their behavior through the popularization and education of relevant laws, they signed a record with Shanghai Pudong Shensun Aquaculture Co., Ltd. for reproduction and release work, and bought various kinds of fish fry for reproduction and release.

[Case Study]

Through trial, the SRTC held that the nine defendants including Zhang, Jin and Sun who used prohibited tools for illegal fishing of aquatic products in the key areas of Yangtze River and the East China Sea during the fishing ban period, seriously violated laws and regulations on aquatic resource protection. Specifically, they broke Article 340 of the Criminal Law of the People’s Republic of China, and should be held criminally accountable for the crime of illegal fishing of aquatic products. Taking into account the criminal facts, nature and circumstances of the crime and the degree of harm it caused to society, as well as the status and role of the defendants in the joint crime, the SRTC sentenced the nine defendants to prison terms ranging from ten months to six months.

The Yangtze River Basin has long been known as the “land of fish and rice” and the “treasury of hydroenergy”. However, due to years of overfishing and illegal fishing, the aquatic life resources in the Yangtze River have been greatly reduced. In recent years, China has strengthened the protection of aquatic resources in the Yangtze River Basin and taken protective measures such as fishing ban areas, fishing ban periods and a ten-year fishing ban on the Yangtze River. The nine defendants in this case knowingly trawled in the areas of the main stream of the Yangtze River and the East China Sea for illegal profits during the fishing ban period. The meshes of the trawl nets used for illegal fishing are extremely small, commonly known as “Catching-All Net”. Such trawl nets do not distinguish the size and species of fish, causing devastating damage to aquatic resources and seriously damaging fishery resources and aquatic ecosystem, and are prohibited by the state. According to the law, fishing aquatic products with banned tools or methods or illegal fishing amounting to a certain quantity or value within a fishing ban area or during a fishing ban period is a serious circumstance and constitutes the crime of illegal fishing of aquatic products. The actor may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

[Relevant Laws]

Criminal Law of the People’s Republic of China

Article 340 Whoever, in violation of the law or regulations on protection of aquatic resources, catches aquatic products in an area or during a season closed to fishing, or uses prohibited fishing gear or methods for the purpose, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance or be fined.

[Further Reading]

Ten-year Plan for Banning Fishing on the Yangtze River

On December 27, 2019, China’s Ministry of Agriculture and Rural Affairs issued a notice on the scope and duration of the fishing ban on the key areas of the Yangtze River, announcing the implementation of a 10-year plan for banning fishing on the key areas of the Yangtze River starting from January 1, 2020. On January 10, 2020, the Shanghai Municipal Committee of Agriculture and Rural Affairs released the Notice of Shanghai on Implementing the Fishing Ban on the Key Areas of the Yangtze River, making clear the scope and specific requirements of the fishing ban on the main stream areas of the Yangtze River within Shanghai, the Yangtze Estuary Chinese Sturgeon Nature Reserve in Shanghai and the Shanghai section of the National Aquatic Life Genetic Resource Reserve of the Yangtze Coilia Ectenes. On April 21, 2020, the Shanghai Municipal Committee of Agriculture and Rural Affairs issued the Notice on Delivering in the Management Work for the 2020 Summer Fishing Moratorium in Shanghai, defining that the fishing moratorium in the East China Sea area under Shanghai Municipality was from 12 o’clock on May 1 to 12 o’clock on September 16.

Law of the People’s Republic of China on the Protection of the Yangtze River

The Law of the People’s Republic of China on the Protection of the Yangtze River was adopted at the 24th Session of the Standing Committee of the 13th National People’s Congress on December 26, 2020, and came into force on March 1, 2021.

The introduction and implementation of the Law, the first water-specific law in our country, is of great significance for carrying out President Xi Jinping’s thoughts on ecological advancement and the policies made by the Party Central Committee, strengthening the protection and restoration of the ecological environment in the Yangtze River Basin, promoting rational and efficient use of resources, ensure ecological security, and achieving harmony between man and nature and the lasting and sustainable development of the Chinese nation.

 

(Written by Huang Shiyuan and Wang Guan, Shanghai Railway Transportation Court)

 

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