<Issue 2317>Guichi Procurator: Cracking down on the illegal fishing of "loach fishing" and safeguarding the ecological balance of the Yangtze River waters

Chizhou Procurator

Recently, the People's Procuratorate of Guichi District handled a case of criminal incidental civil public interest litigation for illegal fishing of aquatic products.

Brief Introduction

From March to September 2023, Mr. Zuo has negotiated with Mr. Zhang and other five people in succession to implement illegal fishing in the waters of Meilong section of the Yangtze River for many times in the name of fishing by means of "loach fishing" (after the live loach is hatched, use a loach rod, fishing line, three hooks or lead hooks to hook the live loach). After the sales of the catch of cocktails, red tails, mandarin fish, etc, It shall be shared equally by the fishermen.

Li, knowing that Zuo worked with others in illegal fishing in the Yangtze River waters, purchased his catch for a long time and paid more than 60000 yuan for the fish.

※ Misgurnus anguillicaudatus fishing: It is a special fishing method, which involves ① simply hanging loach for fishing, or ② using loach as nesting material to make a nest, and then using loach to lure fish and then hanging live loach on a luya rod, fishing line, three hook or lead head hook for fishing. The target species of "loach fishing" is large predatory fish. As it involves illegal fishing, this practice has been explicitly prohibited in some areas.

It is verified that

The illegal fishing of aquatic products by Zuo, Zhang and other five people through "loach fishing" has caused a devastating blow to the carnivorous fish in the waters of the crime, damaged the ecosystem of the waters of the crime, and damaged the social and public interests. Although Li is not a direct fisher, his acquisition provides motivation and market for illegal fishing, and there is a causal relationship between both acts and the result of ecological environment damage, which constitutes joint infringement. Zuo, Zhang, Li and other six people should bear the corresponding liability for damages to aquatic biological resources while assuming criminal responsibility.

In the end, each defendant shall pay according to the claim Compensation for public interest litigation The total amount is more than 240000 yuan.

Prosecutor Reminder

Measures for Identification (Verification) of Articles Involved in Illegal Fishing Cases and Assessment and Remediation of Damage to Aquatic Biological Resources (Trial) It is stipulated that the damage assessment of aquatic biological resources is divided into Direct damage assessment and Indirect damage assessment 。

Direct damage assessment It is mainly to assess the value of illegal catch. For serious illegal fishing behaviors such as electric fish, poisonous fish, and explosive fish, the direct damage should also be assessed by combining the local fishery resources, and the value of the aquatic organisms that have died but not been caught should be calculated according to three to five times the value of the actually caught fish.

Those who use electricity, poison, explosion and other means to seriously damage the resources and environment, or prohibit fishing gear to engage in illegal fishing, shall carry out at the same time Indirect damage assessment 。 In principle, the amount of damage caused by the obstruction of the growth and development of aquatic organisms and the termination of reproduction shall not be less than three times of the direct damage to aquatic biological resources. For illegal fishing activities such as electric fish, poisonous fish, explosive fish, drag pump suction rake, drag water washing teeth rake, drag teeth rake, and use of trawl in the waters and during the period when trawl operation is prohibited, indirect damage shall be calculated as not less than ten times of direct damage to aquatic biological resources.

Source: Guichi Procurator WeChat official account ‍ ‍ ‍ ‍

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