Is it illegal to fish during the Yangtze River fishing ban period, and can you fish during the Yangt

Fishing during the Yangtze River fishing ban period does violate the relevant regulations, especially in this special situation now, it is best not to go fishing in the Yangtze River, once found, a warning will be given, and a fine will be imposed at worst.

The fishing ban period refers to the period during which the fishing of domestic animals is prohibited or restricted, and it is a fish resource protection system commonly practiced in all countries of the world.

Its purpose is to protect the normal growth or reproduction of aquatic organisms and to ensure the continuous recovery and development of fish stocks. In accordance with the provisions of relevant Chinese laws and other regulations, the fishing ban period shall be prescribed by the people's fishery administrative departments at or above the county level.

A fishing ban period is a period during which fishing is prohibited in order to protect fishery resources. Fishing is usually prohibited for a certain period of time in fishery waters such as spawning grounds, feeding grounds, wintering grounds and important migration lanes for fish, through national or local legislation and international fisheries agreements. It is similar to the role of a no-take zone.

In China, the ban period is often used in conjunction with the prohibition of fishing areas, i.e. fishing is prohibited in demarcated waters for a certain period of time. For example, China** stipulates that the fishing ban period from April 1 to July 31 of each year is the fishing ban period for large yellow croaker and small yellow croaker; During the peak season of juvenile fish off the coast of China, a fishing ban of not less than two months will be imposed on fixed nets. In the inland waters of fish breeding or wintering season, the people** of the provinces, autonomous regions and municipalities directly under the Central Government or their fishery administrative departments specifically stipulate the fishing ban period, which can be roughly divided into spring fishing ban and winter fishing ban.

The implementation of the fishing ban period is also one of the important measures to increase fishery resources. Stipulating a ban on fishing for a certain period of time during the growth stage of juvenile fish is also conducive to improving the quality of aquatic products and increasing the value of fishery output.

Legal basis] Jiangsu Provincial Fishery Management Regulations

Article 17 Fishing bans and restrictions shall be imposed on overexploited fishery resources.

The types and time of aquatic animals and plants that prohibit fishing and restrict fishing shall be formulated by the provincial people's fishery administrative department in accordance with law. Provincial people's fishery administrative departments can adjust the need to prohibit fishing and restrict fishing of aquatic animal and plant species seedlings and broodstock according to the status of fishery resources.

It is forbidden to fish for broodstock of Chinese shrimp in Haizhou Bay, anchovy of the Yangtze River, broodstock crabs of the Yangtze River estuary of Chinese mitten crab spawning grounds, and eel fry in the Yangtze River and inland waters.

Restrict the fishing of broodstock, juvenile crabs and crab fry of Chinese mitten crabs in the Yangtze River, as well as coastal eel fry.

The Yangtze River is closed to fishing.

Recreational fishing, recreational fishing, recreational fishing, i.e. fishing is only allowed along the coast, while other cases are poaching, and you may face fines if you fish during the fishing ban period.

According to the Yangtze River Basin.

Implementation Plan for the Ban on Fishing in Key Waters and the Establishment of a Compensation System", at present, there are 332 aquatic life reserves in China. A total ban on fishing in the Yangtze River basin will be implemented step by step, starting with the launch of aquatic life reserves, followed by the main stream, important tributaries and large rivers of the Yangtze River.

Lakes. According to the "Implementation Plan", the type of fishing ban is "except for coastal recreational fishing and coastal recreational fishing, all natural fishery fishing operations are prohibited in the specified fishing ban area and during the fishing ban period." "In accordance with the above provisions, recreational fishing, recreational fishing, i.e. fishing is only allowed along the coast.

However, according to the latest regulations of the Department of Agriculture and Rural Affairs of the Autonomous Region, the use of multi-line multi-hook, long-line multi-hook, single-line multi-hook and other productive fishing operations will be severely cracked down, "productive" fishing refers to fishing for the purpose of making a profit and seeking more catches, the above-mentioned "multi-line multi-hook", "long-line multi-hook", "single-line multi-hook" are all defined as productive fishing, these behaviors do not belong to the category of recreational fishing, has been expressly prohibited.

Legal analysis: Fishing during the Yangtze River fishing ban period is illegal, fishing is not allowed during the fishing ban period, and if you fish poaching during the fishing ban period, you may face a fine. In 332 nature reserves and aquatic germplasm resources protection areas, including the National Nature Reserve for Rare and Endemic Fish in the upper reaches of the Yangtze River, productive fishing is completely prohibited.

If the relevant local** or fishery authorities announce that a fishing ban will be imposed before then, the starting time of the fishing ban shall be from its provisions. 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. The key protected fishery resource species and their fishing standards, fishing ban areas and fishing ban periods, fishing gear and fishing methods that are prohibited or restricted from use, minimum mesh size and other measures to protect fishery resources shall be prescribed by the fishery administrative departments or the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis: Fishery Law of the People's Republic of China

Article 7 The State shall exercise unified leadership and hierarchical management in the supervision and management of fisheries.

Marine fisheries, in addition to the demarcation of the fishery administrative departments and their subordinate fishery supervision and management agencies to supervise and manage the sea areas and specific fishery resources fishing grounds, by the adjacent sea areas of the provinces, autonomous regions and municipalities directly under the people's fishery administrative departments supervision and management.

The fishery of rivers, lakes and other waters shall be supervised and managed by the fishery administrative departments of the people's governments at or above the county level in accordance with the administrative divisions; Across the administrative region, by the relevant county level or above the local people's first consultation to formulate management measures, or by the people's fishery administrative departments at the next higher level and their subordinate fishery supervision and management institutions.

Article 8 Foreigners and foreign fishing vessels entering the waters under the jurisdiction of the People's Republic of China to engage in fishery production or fishery resources survey activities must be approved by the relevant competent authorities and abide by the provisions of this Law and other relevant laws and regulations of the People's Republic of China; Where there is a treaty or agreement with the People's Republic of China, it shall be handled in accordance with the treaty or agreement.

The State Fishery Administration and Fishing Port Supervision and Management Agency exercises the right to supervise and manage fishery administration and fishing ports.

Article 9 The fishery administrative departments and their subordinate fishery administration, supervision and management institutions and their staff shall not participate in or engage in fishery production and business activities.

Derivative question: Which department is in charge of fish farming?

Large-scale fish farming needs to apply for a "water tidal flat aquaculture license" in the local fishery department at the county level. To apply for the "Aquaculture License for Waters and Tidal Flats", it is necessary to meet the requirements of using waters and tidal flats that are not owned by the whole people for aquaculture production; It is not allowed to engage in aquaculture in waterways, harbors, and anchorages; The ownership of the water area is clear, and it meets the planning requirements of water and tidal flat aquaculture; The scale and density of breeding meet the requirements of regional breeding capacity; The scale and density of breeding meet the requirements of regional breeding capacity.

Recreational fishing and recreational fishing are allowed during the Yangtze River fishing ban period, that is, fishing is only allowed along the coast, while other cases are illegal fishing, and if you fish during the fishing ban period, you may face fines. Multi-line multi-hook, long-line multi-hook, and single-line multi-hook are all defined as productive fishing, which do not fall under the category of recreational fishing and are expressly prohibited.

Legal basisArticle 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. In the fishing ban area or during the fishing ban period to sell illegal catches, the local people's fishery administrative departments 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.

How to punish the use of prohibited fishing gear.

1. Fishing by means of destroying fishery resources such as exploding fish, poisoning fish, or electric fishing, fishing in violation of the provisions on fishing ban areas and fishing ban periods, or using 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;

2. If the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked;

3. If the circumstances are particularly serious, the fishing vessel may be confiscated;

4. If a crime is constituted, criminal responsibility shall be pursued in accordance with law. In the fishing ban area or during the fishing ban period to sell illegal catches, the local people's fishery administrative departments 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.

Legal analysis: The Yangtze River fishing ban system is a measure to protect fishery resources in the Yangtze River basin. Anyone who fishes in violation of the provisions on fishing ban areas and fishing ban periods shall have their catches and illegal gains confiscated and shall be fined not more than 50,000 yuan.

Legal basis: Article 38 of the Fishery Law of the People's Republic of China Anyone who violates the provisions on fishing ban areas and fishing ban periods shall have the catch confiscated and the illegal spring chong shall be fined not more than 50,000 yuan; 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.