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)