High-Value Life GuideLife's expensive mistakes
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When fishing or angling, do not cast nets during closed seasons or in fish sanctuaries; never use electrofishing, toxic bait, or explosives at any time, and never use prohibited gear

Original: eternity4719 · source details

Original author: eternity4719 · Chinese source: · English adaptation: parveen0029. Translation and grade notes ↗

Bibliographic titles are retained in their original language.

Source author's views and grades; not individually verified by this site.

Cost and benefit at a glance
Check the cost Cost ↓
Zero financial cost. Prior to fishing, consult lists of fishing closed zones, closed seasons, and no-angling zones published by local agricultural and rural dep…
Then the source benefit Benefit ↓
Article 340 of the Criminal Law of the People's Republic of China provides that whoever catches aquatic products in a closed area or closed season or uses prohibited gear or method…

In plain terms

Using electrofishing, poisons, explosives, or illegal nets in protected zones or during closed seasons meets statutory thresholds for the crime of illegal fishing of aquatic products, carrying up to 3 years' imprisonment. Minor violations without formal prosecution still result in administrative fines reaching up to 200,000 RMB, and merely carrying electrofishing gear into fishing waters is punishable by fines up to 100,000 RMB. Along the Yangtze River, an individual was sentenced to 1 year in prison for electrofishing and selling 9,000 RMB worth of catch.

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Editorial cartoon · Chapter 9One tap. A few questions first.

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English dialogue
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Cost: what it takes

Zero financial cost. Prior to fishing, consult lists of fishing closed zones, closed seasons, and no-angling zones published by local agricultural and rural departments. Never purchase or bring electrofishing machinery near waterways. Fish only in designated public angling waters or licensed commercial fisheries. The challenge is resisting peer imitation when others use illegal electrofishing gear.

Benefit: what the source reports

Article 340 of the Criminal Law of the People's Republic of China provides that whoever catches aquatic products in a closed area or closed season or uses prohibited gear or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, public surveillance, or a fine. The 2022 judicial interpretation by the SPC and SPP specifies criteria for "serious circumstances": (1) illegally catching >=500 kg or catch valued at >=10,000 RMB in inland waters; (2) illegally catching >=50 kg or catch valued at >=1,000 RMB in aquatic germplasm reserves; (3) using electrofishing, poison, or explosives in a closed area; or (4) using such prohibited methods during a closed season. The interpretation also allows non-prosecution where catch quantity and ecological harm are demonstrably minor. Under the Fisheries Law (amended 2025, effective May 1, 2026), violating closed area/season regulations, electrofishing, poisoning, dynamiting, carrying electric shocking devices into fishery waters, or using prohibited gear are strictly banned. Penalties: electrofishing/poisoning/explosives trigger confiscation of tools, catch, and illegal gains, plus fines up to 200,000 RMB (or 200,000 to 2,000,000 RMB for serious circumstances); merely carrying electrofishing devices into fishery waters carries confiscation and fines up to 100,000 RMB; violating closed zones/seasons or using prohibited gear carries fines up to 200,000 RMB; illegal recreational angling in closed zones/seasons carries fines up to 50,000 RMB. Under the Yangtze River Protection Law (implementing the 10-year fishing ban from 2021), natural commercial fishing is prohibited in designated waters; fishing carries fines of 10,000 to 50,000 RMB, while electrofishing/poisoning/explosives carry fines of 50,000 to 500,000 RMB. In an official case, Li electrofished in the Yangzhou section of the Yangtze River using an inverter, selling ~450 kg of fish for 9,000 RMB; despite surrendering, refunding earnings, and releasing fish fry, he was convicted of illegal fishing and sentenced to 1 year's imprisonment, public apologies in provincial media, and ordered to fund restocking of fish fry valued at 47,500 RMB. In SPC Guiding Case No. 213, 8 individuals using gill nets and homemade electric nets in East Dongting Lake received sentences ranging from criminal detention with probation to 13 months' imprisonment, with all 100,000 RMB in illegal profits confiscated.

Conditions, limits and disagreements

Primary beneficiary is yourself. The Fisheries Law notes casual, sporadic recreational angling generally does not require a commercial permit, but non-compliant angling during closed seasons or in protected zones triggers equipment confiscation and fines. In permitted Yangtze zones, national rules ban fish-finders, underwater cameras, toxic bait, and commercial sale of catch; multi-hook rigs like cluster/explosive hooks are targeted. Catching or trafficking in state-protected aquatic wildlife triggers severe criminal liability under Chapter 9, Rule 14. Purchasing or distributing fish known to be illegally caught constitutes concealing crime proceeds. Always verify local agriculture department announcements before setting out.

Original references

Original bibliographic titles and links are preserved; some titles are in Chinese.

全国人大 (1997). 刑法(第三百四十条,此条未经修正案修改). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml;最高人民法院、最高人民检察院 (2022). 关于办理破坏野生动物资源刑事案件适用法律若干问题的解释(法释〔2022〕12 号,第三、九条). https://www.spp.gov.cn/spp/xwfbh/wsfbt/202204/t20220407_553506.shtml;全国人大常委会 (2025 修订). 渔业法(第三十二、四十四、四十五、七十七、七十八条). https://flk.npc.gov.cn/detail?id=e29e88f12bc041d48b8b9086c4a4ece7;全国人大常委会 (2020). 长江保护法(第五十三、八十六条). https://flk.npc.gov.cn/detail?id=ff80808175265dd40176a89126662863;国务院办公厅 (2024). 关于坚定不移推进长江十年禁渔工作的意见(国办发〔2024〕12 号). https://www.gov.cn/zhengce/zhengceku/202403/content_6940788.htm;农业农村部办公厅 (2024). 关于进一步加强长江流域禁捕水域垂钓管理工作的意见(农办长渔〔2024〕5 号). https://cjyzbgs.moa.gov.cn/tzgg/202412/t20241231_6468771.htm;最高人民法院 (2021). 长江流域生态环境司法保护典型案例(案例一). https://www.court.gov.cn/zixun/xiangqing/287891.html;最高人民法院 (2023). 指导性案例 213 号:黄某辉、陈某等 8 人非法捕捞水产品刑事附带民事公益诉讼案. https://www.court.gov.cn/shenpan/xiangqing/418242.html

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