Excessive punishment? Lawyer: The prohibited fishing area has used prohibited tools, and a man in Wuhan has been arrested for fishing three fish

On September 6th, a Wuhan Jiangxia police arrested a man for illegally fishing three times. This news sparked discussions among netizens, with some claiming that the law enforcement was too strict, while others claimed that there was a lack of legal basis. The reporter from Xiaoxiang Morning News contacted the police station responsible for investigating this case, and the staff expressed inconvenience in responding.

A lawyer stated that the reason for the criminal detention of the man was not the number of fish caught, but the use of prohibited tools for fishing in prohibited fishing areas and periods, thus being suspected of the crime of illegal fishing of aquatic products.

△ suspect:. Screenshots of media reports.

The man was arrested for illegal fishing,

Collect 3 catches, 1 fishing rod, and 1 plastic bucket on site

According to reports, recently, police officers from the Shanpo Police Station of the Jiangxia Branch of the Wuhan Public Security Bureau visited the village bay. Villagers reported seeing people illegally fishing by Liangzi Lake in the early hours of the morning. The Shanpo Police Station attaches great importance to it and arranges personnel to be on duty by Liangzi Lake starting from early morning every day. On September 1st, Xiong Kundai, the deputy director of the police station, led a team to squat from early morning until 6 o'clock in the morning and arrested a suspect named Cheng, who was using 12 hook chains for illegal fishing. Three catches, one fishing rod, and one plastic bucket were confiscated at the scene. After investigation, Cheng confessed to the illegal act of illegally anchoring fish in illegal fishing areas with fishing rods and tools purchased online. He has been arrested by the Jiangxia police on suspicion of illegal fishing.

According to reports, the police also remind that Liangzi Lake is the second largest freshwater lake in Hubei Province, and water resources are an important ecological resource of Liangzi Lake. In April 2018, Liangzi Lake implemented a ten-year fishing ban, and Wuhan Public Security, in conjunction with multiple departments, carried out law enforcement patrols to crack down on illegal fishing crimes, especially the use of anchor hooks and other illegal fishing gear. Civilized fishing for the general public, remember "one person, one rod, one line, one hook".

The news of three illegal phishing cases resulting in criminal detention has sparked discussions among many netizens. Some people believe that police enforcement is too strict, while others feel that there is a lack of legal basis.

The reporter from Xiaoxiang Morning News called the Shanpo Police Station, and the staff said that the case was indeed handled by the station, but it is inconvenient to respond to the specific situation. They suggested that the reporter contact the Jiangxia Public Security Bureau. The reporter called the Legal Brigade of Jiangxia Public Security Bureau, but no one answered.

Excessive punishment? No legal basis? Lawyer Interpretation

According to Su Bailin, a lawyer at Heilongjiang Chengqi Law Firm, the reason for the criminal detention of the man is the use of prohibited tools and fishing in prohibited fishing areas and periods, thus being suspected of the crime of illegal fishing of aquatic products.

The notice issued by the Ministry of Agriculture and Rural Affairs on the release of the list of prohibited fishing gear in key water areas of the Yangtze River Basin clearly stipulates that the proposed bait and real bait double hook fishing gear are included in the list of prohibited fishing gear. In the "Hazard Statement" column of the notice, it is described as "Pu Lao has high fishing intensity, high fishing efficiency, and has adverse effects on the protection of fishery resources.".

Notice of the Ministry of Agriculture and Rural Affairs [2021] No. 4 on the prohibition of fishing gear. Screenshot of official website.

Article 340 of the Criminal Law of China stipulates that those who violate regulations on the protection of aquatic resources, fish for aquatic products in prohibited fishing areas, fishing seasons, or use prohibited tools or methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, detention, control, or a fine.

Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Destruction of Wildlife Resources stipulates that if a person, in inland waters, violates regulations for the protection of aquatic resources, catches aquatic products in prohibited fishing areas, seasons, or uses prohibited tools or methods, and falls under one of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in Article 340 of the Criminal Law, and shall be convicted and punished for the crime of illegal fishing of aquatic products: using prohibited methods or tools that seriously damage fishery resources such as electric fish, poisonous fish, and explosives in prohibited fishing areas; Using prohibited methods or tools that seriously damage fishery resources, such as electric fish, poisonous fish, and fried fish, during the fishing ban period.

Lawyer Su Bailin believes that although the man in question did not use prohibited methods such as electric fish, poisonous fish, and fried fish, the 12 hook string he used belongs to the prohibited tools listed in the relevant notices of the Ministry of Agriculture and Rural Affairs, and falls within the scope of "or prohibited tools" in the relevant judicial interpretations. Therefore, it also falls under the "serious circumstances" stipulated in Article 340 of the Criminal Law.

The reporter also noticed that in October last year, a man named Li from Qimen County, Anhui Province, also used a new type of fully intelligent inverter power supply, solar cells, bamboo poles, and electric wires to assemble a fishing device in the fishing zone during the fishing ban period to catch three fish. He was arrested by the local public security organs and later released on bail for trial. However, the People's Procuratorate of Qimen County ultimately decided not to prosecute.

Anhui Li's decision not to prosecute. Screenshot of 12309 official website.

The decision not to prosecute states that the person to be prosecuted, Li, has committed the acts stipulated in Article 340 of the Criminal Law, but the criminal circumstances are minor and there are lenient or exempted punishment circumstances such as surrendering, admitting guilt, and accepting punishment. According to the provisions of Article 37 and Article 67 (1) of the Criminal Law, the punishment can be exempted.