Does the fishery administration have the right to fine fishermen?

Whether the fishery administration department has the right to fine fishermen depends on the situation:

1. All kinds of fishing activities are prohibited during the fishing ban, so the fishery administration has the right to impose fines on fishermen during the fishing ban;

2. If it is forbidden to drag poisonous fish, electric fish and dense nets outside the closed fishing period, there is generally no right to impose a fine.

What are the constitutive elements of the crime of illegal fishing of aquatic products?

1, object elements, the object of infringement is the national management system for the protection of aquatic resources;

2. The objective requirements are objectively manifested as violating the laws and regulations on the protection of aquatic resources, fishing in the no-fishing area or during the no-fishing period, or using prohibited tool forests and methods to catch aquatic products;

3, the main element, the main body is the general main body;

4, subjective elements, subjective intention.

Legal basis: Article 38 of the Fisheries Law of People's Republic of China (PRC).

Fishing by methods that destroy fishery resources, such as fried fish, poisonous fish, electric fish, etc., violates the provisions of closed fishing areas and closed fishing periods, or uses prohibited fishing gear, fishing methods and nets smaller than the minimum mesh size for fishing, or if the juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal income 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; If the circumstances are particularly serious, the fishing boat may be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.

The fishery administrative departments of local people's governments at or above the county level shall promptly investigate and deal with those who sell illegal catches in closed fishing areas or closed fishing periods.

Whoever manufactures or sells prohibited fishing gear shall confiscate the illegally manufactured and sold fishing gear and illegal income, and impose a fine of not more than 10,000 yuan.