Regulations on handling the act of destructive fishing

Fishermen catching fish with fishing folding trap on Tri An Lake. The fishing method in the photo has been banned since the end of 2018

Through inspection, functional forces discovered a number of illegal fishing vehicles, including those using electric pulses to catch fish on the lake. At the time of inspection, the vehicle owners could not present the fishing license issued by the competent authority.

*Administrative punishments on cases of violations

The 2017 Law on Fisheries strictly prohibits the use of banned substances, chemicals, poisons, explosives, electric pulses, electric currents, destructive fishing methods, means and tools to exploit resources of aquatic benefits. Therefore, according to the law, depending on the nature and seriousness of the violation, the above acts may be administratively or criminally sanctioned.

The system of Dong Nai River, Tri An Lake, etc are homes to many kinds of aquatic products. According to the List of fisheries and fishing gear banned from fishing, issued together with Circular No. 19/2018/TT-BNNPTNT dated November 15, 2018 of the Ministry of Agriculture and Rural Development, guiding the protection and development of aquatic resources, the fishery products and fishing gear banned from using aquatic resources in coastal areas and inland areas include: tunnel-net, folding trap, (coop, octagonal trap, etc...)

Head of the Forest Protection Department of Dong Nai Nature and Culture Reserve Nguyen Huu Phuoc said that according to Clause 5, Article 27 of Decree No. 42/2019/ND-CP dated May 16, 2019 of the Government stipulating sanctions for administrative violations in the fisheries sector, a fine of between VND20 and 30 million shall be imposed for using banned fishing gear for fishing but not reaching the level of criminal prosecution.

In Article 28 of Decree No. 42/2019/ND-CP stipulating, a fine of between VND3-5 million shall be imposed on acts of using electric jacks for fishing in case fishing boats are not used; A fine of between VND15-40 million shall be imposed for using an energizing tool or directly using an electric current from a generator on a fishing boat (with the maximum length of less than 12m and 15m or more) for fishing. A fine of between VND 40-50 million shall be imposed for using electric current (grid electricity) to exploit fish but not reaching the level of criminal prosecution.

Particularly, Article 29 of Decree No. 42/2019/ND-CP stipulates a fine of between VND 10-20 million for the act of storing banned substances, banned chemicals and toxic substances on fishing boats. A fine of between VND 50-70 million shall be imposed for using banned substances, banned chemicals, poisons and other chemicals to exploit aquatic products without reaching the level of criminal prosecution.

* Handling as crime in case of…

Clause 1, Article 242 of the Criminal Code 2015 (amended and supplemented in 2017) stipulates that anyone who violates regulations on protection of aquatic resources under one of the following circumstances, causing damage to aquatic resources: from VND100 million to under VND500 million, or from VND50 million to under VND200 million worth of aquatic products, or have been administratively sanctioned for one of the acts specified in Article 242 or be convicted of this crime, not yet entitled to conviction expungement, but continue to commit it, the offenders shall be subject to a fine of between VND50-300 million. Probation for up to 3 years or a prison term of between 6 months and 3 years applied for violation of using poison, explosives, chemicals, electric current or prohibited means and fishing gear for fishing or destroying aquatic resources; fishing in prohibited areas or in prohibited areas for a definite time; causing injury or harm to the health of others with an injury rate of 61% or more; violate other provisions of the law on the protection of aquatic resources.

Lawyer Nguyen Dinh Hai (Provincial Bar Association) said that destroying aquatic resources is understood as an act of: using poisons, explosives, other chemicals, using electricity or other damaged means and prohibited fishing gear for fishing or destroying aquatic resources; fishing in prohibited areas, during the breeding season of certain species or at other times prohibited by law; exploiting rare and precious aquatic species banned under the Government's regulations; destroying the habitat of rare and precious aquatic species protected under the Government's regulations; violate regulations on protection of aquatic resources.

Also according to Lawyer Nguyen Dinh Hai, the elements constituting the crime of destroying aquatic resources under Article 242 of the Criminal Code 2015 are as follows: the objective side of this crime has signs of behavior such as: using poison, explosives, other chemicals, use electricity or other prohibited means and fishing gear to exploit aquatic products or destroy aquatic resources, etc.; in terms of consequences, the above acts must cause serious consequences; Regarding the objective side, the above-mentioned acts infringe upon the management and protection of the environment, in addition, infringe upon the life, health and property of others; subjectively, the offender commits this crime with intentional error. The subject of this crime is any person having the criminal liability capacity.

Nhan Thai