China News Service, March 22. According to the website of the Ministry of Agriculture and Rural Affairs, in order to further improve the level of fishery law enforcement and give full play to the demonstration and guiding role of typical cases, the Ministry of Agriculture and Rural Affairs recently released the "China Fishery Law Sword 2023" typical law enforcement cases, with a total of 8 Take a typical case.
The Ministry of Agriculture and Rural Affairs pointed out that in 2023, fishery administration departments at all levels and fishery administration and fishing port supervision and management agencies will focus on key areas such as the ten-year fishing ban on the Yangtze River, the marine summer fishing moratorium, aquatic wildlife protection, and fishery production safety, and solidly carry out "China The "Fishery Policy Bright Sword 2023" series of special law enforcement actions severely cracked down on various fishing-related illegal activities, effectively maintained the order of fishery production, and provided strong support for the high-quality development of the fishery. According to statistics, a total of 3.32 million law enforcement officers were dispatched throughout the year, 66,000 illegal cases were investigated and dealt with, 3,571 cases were transferred to judicial processing, 18,000 fishing-related "three noes" ships and 837,000 "extreme household nets" were banned (top) , 5,021 sets (sets) of electric fish equipment were confiscated.
Specific cases are reported as follows:
1. The Zhejiang Provincial Marine and Fisheries Law Enforcement Corps investigated and dealt with the case of 20 fishing vessels including "Ji Mouyu 03899" violating the regulations of the fishing ban period and illegally fishing and purchasing prohibited catches - cross-sea area and cross-department coordination and linkage to crack down on "stepping on the line and rushing away" production
(1) Basic case facts
In September 2023, according to the unified deployment of the Ministry of Agriculture and Rural Affairs, the Zhejiang Provincial Ocean and Fishery Law Enforcement Corps mobilized fishery law enforcement forces from Zhejiang, Fujian, Jiangsu, Shanghai and other places to carry out joint maritime law enforcement operations and seized "Ji Mou 03899", "Min. A total of 20 fishing boats (including 3 fishing vessels) including "Xuyu 01080" went out to sea in advance or crossed the line into the unfished waters to engage in illegal fishing, purchase of prohibited catches and other activities before fishing in the waters. A total of 216 people were involved. , the catch involved amounted to more than 200 tons.
(2) Processing results
After investigation, the Zhejiang Provincial Marine and Fishery Law Enforcement Corps determined that the illegal acts of the above 20 fishing boats met the requirements of Article 4 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Cases Related to Cases Occurring in the Seas under my country's Jurisdiction (2)" and the "Supreme People's Court, Supreme People's Court, and Supreme People's Court" According to Article 9 of the Interpretation of the People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Destruction of Wildlife Resources (hereinafter referred to as the "Wildlife Interpretation"), the crime of illegal fishing of aquatic products stipulated in Article 340 of the Criminal Law is suspected. , the crime of covering up or concealing the proceeds of crime as stipulated in Article 312 has been transferred to the coast guard agency and public security agency for criminal responsibility.
(3) Typical significance
my country has formulated targeted fishing moratoriums in the three sea areas of the Yellow Sea, Bohai Sea, East China Sea, and South China Sea. During the period between the opening of fishing in various sea areas, fishing boats that have already started fishing cross the line and enter unfished sea areas to fish illegally, and fishing boats that have not started fishing go out to sea in advance. It often happens that strong actions must be taken to combat and contain it. Based on the early collection of evidence, analysis and judgment, this case was uniformly deployed by the Ministry of Agriculture and Rural Affairs, and key forces were mobilized to form a task force. Public security, coast guard, and fishery law enforcement forces worked together to collect relevant evidence from multiple parties through technical means, and coordinated land and sea cooperation. Make more efforts to effectively improve the effectiveness of case handling. The case involved multiple fishing boats in several provinces, with a wide range of coverage, many people involved, and a large amount of catches. It has accumulated valuable experience for strengthening inter-departmental information connectivity, law enforcement linkage, and joint case handling in the future, and improving the effectiveness of cross-regional case investigation. .
2. The Wuhan Municipal Agriculture and Rural Affairs Bureau of Hubei Province investigated and dealt with the case of Li and three other people fishing in violation of the regulations of the fishing ban period - using leniency and strictness to control illegal fishing activities in the Yangtze River
(1) Basic case facts
In March 2023, when the Wuhan Municipal Agriculture and Rural Affairs Bureau carried out a video inspection, it was discovered that Li and three others were fishing using prohibited fishing gear hooks and rake (anchor fish) in the Tianxingzhou head waters of the Wuhan section of the Yangtze River Basin. The Wuhan Municipal Agriculture and Rural Affairs Bureau and the public security organs immediately went to the water area where the incident occurred, and arrested three illegal perpetrators at the scene, and seized a total of about 47.6 kilograms of barbed rakes, silver carp, silver carp, carp and other catches.
(2) Processing results
The party concerned used prohibited fishing gear to fish in the prohibited waters of the Yangtze River Basin, which met the sentencing standards stipulated in Article 3 of the "Wild Animal Interpretation" and constituted the crime of illegal fishing of aquatic products stipulated in Article 340 of the Criminal Law. The public security organs prosecuted 3 people in accordance with the law. be subject to criminal detention. The Wuhan Municipal Agriculture and Rural Affairs Bureau disposed of the catches involved and donated them to the Wuhan Qiaokou District Social Welfare Institute. In June 2023, the Wuhan Municipal Agriculture and Rural Affairs Bureau fined three people a total of 28,500 yuan and confiscated the prohibited fishing gear and catches involved. In July, three people voluntarily paid RMB 10,000 for ecological restoration. The procuratorial organ decided not to prosecute him based on his voluntary acceptance of administrative punishment and active ecological restoration.
(3) Typical significance
The typical significance of this case is mainly reflected in three aspects. First, the fishery administration department used information technology to discover clues to the case in a timely manner, and worked with the public security organs to immediately carry out law enforcement, successfully achieving both people and stolen goods, fully demonstrating the power of "technical defense + civil defense" and departmental collaboration. Second, after the fishery authorities implemented administrative penalties and the parties actively repaired the ecological environment, the procuratorial organs finally made a decision not to prosecute, achieving an effective connection between administrative law enforcement activities and criminal justice activities, and at the same time implementing the principles of leniency and severity, and excessive punishment. The principle of handling cases is that the punishment should be commensurate. Third, the fishery administration department donated the catches involved in the case to welfare institutions in accordance with the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Agriculture and Rural Affairs on Punishing Illegal Fishing and Other Illegal Crimes in the Yangtze River Basin in accordance with the Law" and other relevant regulations. Under the premise of complying with the regulations on the disposal of the property involved in the case, it not only prevents waste, but also contributes to social welfare undertakings.
3. The Agricultural and Rural Affairs Committee of Zhongxian County, Chongqing City investigated and dealt with the case of Yang’s illegal fishing and selling of catches - fishing in the Yangtze River prohibits multiple poles and hooks and the trading of catches
(1) Basic case facts
In March 2023, the Zhongxian Agriculture and Rural Affairs Committee, based on clues transferred by the public security agency, found that Yang used a multi-hook fishing tackle with 5 fishing tips (commonly known as an "explosion hook") for fishing in the prohibited waters of the Yangtze River Basin under the jurisdiction of Zhongxian County. He also sold his catch 4 times through the Internet, earning an illegal income of 850 yuan.
(2) Processing results
The party involved used fishing gear expressly prohibited by Chongqing City to engage in fishing and illegally traded the catch. Although it has not constituted a criminal offense, it violated Article 25 of the "Regulations on the Protection and Management of Aquatic Life in the Yangtze River" and the "Regulations on Promoting Promotion of Aquatic Life Protection and Management of the Yangtze River Aquatic Life" by the Standing Committee of the Chongqing Municipal People's Congress. Article 3 of the Decision on Ensuring the Ban on Fishing in the Yangtze River Basin. Based on this, the Zhongxian Agriculture and Rural Affairs Committee decided to confiscate the fishing gear and illegal income and fined the party 2,975 yuan, and conducted legal education for buyers of the catch.
(3) Typical significance
The state and relevant localities have strictly regulated the area, time, fishing gear, bait and use of catches for fishing in key waters of the Yangtze River Basin, and strictly prohibited illegal activities such as multiple rods per person, multiple lines and multiple hooks, and the sale of catches. In this case, the fishery administration and public security worked closely together, starting from clues to online transactions and obtaining evidence such as crime videos, chat screenshots, and transaction records to find out the illegal facts of the parties and punish them in accordance with the law, which served as a warning to the public. At the same time, this case is also a breakthrough exploration of law enforcement involving illegal fishing activities on the Internet. It is of great significance for innovating clue collection channels and improving full-chain supervision capabilities.
4. The Bureau of Agriculture and Rural Affairs of Wuzhou City, Guangxi Zhuang Autonomous Region investigated and dealt with the case of 35 people including Mai Moumou who violated the provisions of the fishing ban period and illegally fished and sold aquatic products - Comprehensive use of "criminal and civil action" legal means to punish electrofishing behavior
(1) Basic case facts
According to reports from the masses, in May 2023, the Wuzhou Municipal Agriculture and Rural Affairs Bureau and the public security organs carried out joint law enforcement on the basis of fixing evidence through scientific and technological means in the early stage, and captured people using electrofishing methods during the Pearl River fishing ban period in the waters at the junction of "Guangdong and Guangxi" in the Xijiang River. Five illegal criminal gangs engaged in fishing and carried out illegal catch purchase, transportation and sales activities, and seized 20 ships and 24 sets of electrofishing equipment on site, with 272 kilograms of catch involved.
(2) Processing results
The parties involved in this case used prohibited tools to fish during the fishing ban period, and purchased and sold illegally caught aquatic products, which met the criminal standards stipulated in Article 3 of the "Wild Animal Interpretation" and constituted illegally caught aquatic products stipulated in Article 340 of the Criminal Law. Crime, cover-up and concealment of criminal proceeds as stipulated in Article 312, etc. Among the 35 people involved in the case, 25 have been under criminal detention, and 22 of them have been approved for arrest. At the same time, the Wuzhou Municipal Bureau of Agriculture and Rural Affairs issued 24 damage assessment reports to aquatic biological resources, upon which the procuratorate will file a criminal incidental civil public interest lawsuit against the parties. The other two violators did not constitute a crime. The Wuzhou Agriculture and Rural Affairs Bureau imposed a fine of a total of 21,050 yuan on them in accordance with Article 38 of the Fisheries Law and other provisions.
(3) Typical significance
Illegal fishing activities such as electrofishing have seriously damaged fishery resources and aquatic ecological environment. Not only must criminals be punished through criminal and administrative accountability methods, but they must also pay an economic price. According to the relevant regulations of the Supreme People's Procuratorate, when the procuratorial organ initiates a public prosecution for illegal acts that damage the ecological environment and resource protection, it can file an incidental civil public interest lawsuit and require the defendant to repair the ecological environment through proliferation and release, or to compensate for the damage to the ecological environment. In this case, the fishery administration department transferred criminal cases to the judicial authorities in accordance with the law, and assisted the procuratorate in filing criminal incidental civil public interest litigation. In order to strengthen the cooperation between administrative law enforcement agencies and judicial agencies, increase the cost of illegal crimes, and strengthen the crackdown on illegal fishing activities and Shock and deterrence have typical demonstration significance.
5. The Beijing Municipal Bureau of Agriculture and Rural Affairs investigated and dealt with the case of Liu Moumou and 6 other people fishing in violation of the provisions of the fishing ban period - strengthening the two-way connection between administrative law enforcement and criminal justice
(1) Basic case facts
In July 2022, when law enforcement officers from the Beijing Municipal Bureau of Agriculture and Rural Affairs were conducting inspections in the Chaobai River waters of the Shunyi section of Beijing during the closed fishing season in the Haihe River Basin, they discovered that six people including Liu Moumou were fishing, and a wooden boat and a single-layer wooden boat were seized on site. There were 2 gill nets and 1 double-pile single-piece net, and the catch was 504.9 kg. Law enforcement officers will release the catch first after fixing the evidence.
(2) Processing results
The party concerned engaged in illegal fishing during the fishing ban period, and the amount of catch reached the criminal standard stipulated in Article 3 of the "Wild Animal Interpretation". He was suspected of the crime of illegal fishing of aquatic products stipulated in Article 340 of the Criminal Law. The Beijing Municipal Agriculture and Rural Affairs Bureau will The case is transferred to judicial authorities. In April 2023, the procuratorial organ determined that the circumstances of the six people were minor, made a decision not to prosecute, and transferred the case back to the competent department. In accordance with Article 38 of the Fisheries Law and other provisions, the Beijing Municipal Bureau of Agriculture and Rural Affairs made an administrative penalty decision to confiscate the catch, fishing gear and vessel, and fine the offenders 3,000 yuan each.
(3) Typical significance
In this case, the gang involved sold illegally caught catches to the public for release, and then caught them again, forming a cycle of "catch-sell-release-refishing" in order to seek illegal profits. The number of catches involved in the case Big, bad social impact. The fishery administration department transfers criminal cases to judicial authorities in accordance with the law, and after the judicial authorities decide not to pursue criminal liability of the parties and transfer the case back, they restart the administrative penalty process and complete the closed loop of case handling. This case has strong guiding significance for improving the two-way connection mechanism between administrative law enforcement and criminal justice.
6. The Putian City Detachment of the Fujian Provincial Marine and Fishery Law Enforcement Corps investigated and dealt with the case of unauthorized disassembly of Beidou equipment on nine fishing vessels including the "Minyu 26891" vessel - unauthorized disassembly of safety communication equipment to avoid supervision should be severely punished
(1) Basic case facts
In February 2023, the Putian City Detachment of the Fujian Provincial Marine and Fishery Law Enforcement Corps conducted a surprise inspection in the waters near Dazhu Island. On-site, they found that the "Minyu 20333" ship stored 9 disassembled Beidou terminal equipment in plastic barrels and boarded it for inspection. The nine fishing boats corresponding to the nine pieces of equipment, including "Min Yu 26891", have fixed evidence of their unauthorized disassembly of Beidou equipment. During the inspection, it was found that the above-mentioned fishing boats also carried other illegal activities such as carrying substandard fishing gear on board, failing to be equipped with professional crew members as required, and failing to complete the entry and exit reporting procedures.
(2) Processing results
The Putian City Detachment of the Fujian Provincial Marine and Fishery Law Enforcement Corps, in accordance with Articles 50 and 51 of the "Fujian Provincial Measures for the Implementation of the Fisheries Law of the People's Republic of China" and Article 44 of the Fishery Crew Management Measures, investigated the vessel involved in the case. A total fine of 754,000 yuan was imposed. The fishing vessel involved in the case dismantled the Beidou equipment and failed to equip crew members as required, which constitutes a major accident risk stipulated in the "Standards for Determining Major Accident Hazards of Fishing Vessels (Trial)" and is extremely dangerous. It is suspected of being stipulated in Article 134-1 of the Criminal Law. The fishery administration and fishing port supervision and management agency has transferred clues to the crime of dangerous operations to the judicial authorities.
(3) Typical significance
Beidou and other safety communication equipment are crucial to strengthening fishery safety management, maintaining fishery production order, and protecting fishermen's lives and property. According to Article 36 of the Maritime Traffic Safety Law, ships must turn on automatic identification, navigation data recording, remote identification and tracking, communications and other navigation safety-related devices during navigation, and must not turn off, shield, dismantle or damage them without authorization. In practice, some criminals often disassemble ship-borne Beidou equipment and place it elsewhere so that it can send false ship position signals and create the illusion that the ship is in a berthed state in an attempt to evade supervision. In this case, the case handling unit tracked the trajectories of fishing vessels and combined with the characteristics of fishing operations, discovered the abnormal phenomenon of a large number of Beidou signals concentrated in one place for a long time, fixed the evidence in a timely manner, followed the clues to comprehensively verify the illegal behavior of the vessels involved, and transferred the case to judicial authorities for processing. This case is of demonstration significance for the comprehensive use of "technical + legal" means to crack down on illegal dismantling of safety communication equipment such as Beidou and AIS.
7. The team directly under the Marine Comprehensive Law Enforcement Detachment of Zhanjiang City, Guangdong Province investigated and dealt with the case of Cai Moumou and two other people using nets smaller than the minimum mesh size to fish in violation of the regulations of the prohibited fishing area - the fishery administration and fishing port supervision and management agency conducted inspections in the nature reserve Have the power to enforce laws against illegal fishing
(1) Basic case facts
In October 2023, the vessel "Yue Yu 11090" (owner Cai Moumou) and the vessel "Yue Yu 11080" (owner Xiao Moumou) were engaged in double-bottom trawling operations inside the bottom trawl prohibited fishing area line of motorized fishing vessels. The case occurred The location is located in the core area of the Hepu Dugong National Nature Reserve in Guangxi Zhuang Autonomous Region. The two vessels also engaged in illegal fishing activities such as using nets smaller than the minimum mesh size, using fishing vessels to carry people privately, and failing to report entry and exit reports as required. After the two ships returned to Suixi County, Zhanjiang City, they were seized by the brigade directly under the Marine Comprehensive Law Enforcement Detachment of Zhanjiang City, Guangdong Province.
(2) Processing results
The direct-affiliated brigade of the Zhanjiang City Marine Comprehensive Law Enforcement Detachment of Guangdong Province, in accordance with Articles 38 and 42 of the Fisheries Law and Article 44 of the Fishery Crew Management Measures, fined Cai and Xiao 51,000 yuan each. and a fine of 45,000 yuan, and confiscated fishing gear.
(3) Typical significance
The typical significance of this case is reflected in two aspects. First, in accordance with the relevant requirements of the Fisheries Law and the Wildlife Protection Law, for any illegal behavior that violates the law, disrupts the order of fishery production, damages fishery resources, and endangers the protection of aquatic wildlife, whether it occurs in a nature reserve or other areas, the Fishery Administration and Fishing Port Supervision and management agencies must investigate and deal with them in accordance with the law. In this case, the fishery administration and fishing port supervision and management agency entered the nature reserve and investigated and dealt with illegal fishing activities in accordance with the law, which will serve as a model for the handling of similar cases in the future. Second, according to Article 13 of the Maritime Traffic Safety Law and Article 4 of the Measures for the Management of Fishery Crews, fishery crews must pass an examination or assessment and obtain the corresponding fishery crew certificate before they can work on fishing vessels and are not allowed to use fishery Ships carry people privately. In this case, the ship involved went to sea carrying people who had not obtained fishery crew certificates and could not provide proof of their work on the ship. Therefore, the fishery administration and fishing port supervision and management agency determined that the ship was carrying people privately and punished it in accordance with the law.
8. The Agricultural and Rural Affairs Bureau of Yueqing City, Zhejiang Province investigated and dealt with the case of Zheng Moumou using toxic and hazardous substances banned by the state in the production and operation of aquatic products - using banned substances to clear ponds can be punished
(1) Basic case facts
In April 2023, when law enforcement officers from the Yueqing Municipal Agriculture and Rural Affairs Bureau conducted a quality and safety inspection of primary aquatic products at Zheng’s farm, they found half a package of 65% sodium pentachlorophenate (0.455 kg) stored in the warehouse. After sampling and testing of its farmed rainbow clams, 6 samples were found to be unqualified. After investigation, Zheng Moumou, in order to kill snails, crabs, etc. in the sea pond so as to cultivate clam seedlings, still purchased and put it into the sea pond even though he knew that sodium pentachlorophenate was a toxic and harmful substance prohibited by the state.
(2) Processing results
Zheng Moumou's behavior was suspected of the crime of producing toxic and harmful food as stipulated in Article 144 of the Criminal Law. The Yueqing Municipal Agriculture and Rural Affairs Bureau transferred the case to the public security organs for criminal responsibility. In November 2023, the Yueqing Municipal People's Court sentenced him to two years in prison and fined him 100,000 yuan in the first instance.
(3) Typical significance
Clearing ponds is an important part of tidal flat aquaculture. In recent years, some farmers have used sodium pentachlorophenate and other toxic and harmful substances banned by the country to clean their ponds. This substance not only seriously damages fishery resources and the ecological environment, but can also accumulate in animal foods through the food chain, harming human health. It has been included in the "List of Drugs and Other Compounds Prohibited for Use in Food Animals". According to Article 144 of the Criminal Law and Article 11 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety", the use of substances listed in this list during the cultivation of edible agricultural products , should be convicted and punished for the crime of producing and selling poisonous and harmful food. In this case, the fishery administration department discovered clues during the administrative law enforcement process, built a complete evidence chain through on-site inspections, inquiries and investigations, supervision and random inspections, etc., and immediately transferred the case to the judicial authorities to investigate the criminal liability of the parties, building a strong law enforcement system. The combined force reflects the effective connection between administrative law enforcement and criminal justice, deters illegal and criminal activities related to the quality and safety of water-related products, and maintains the safety on the tip of the people's tongue.