非法捕捞水产品罪立案标准

非法捕捞水产品罪立案标准

Illegal fishing of aquatic products refers to the illegal

fishing activities of fishing vessels, fishing with nets,

fishing cages, and other means of fishing, resulting in the

illegal fishing of aquatic resources. According to the "Criminal

Law", illegal fishing of aquatic products is a crime and shall

be prosecuted according to law.

一、捕捞水产品禁令

1. Fishing Ban

水产资源保护法规定，为保护水产资源，国家可以制定捕捞水产品的禁令。若有人违反该禁令，或者在保护期、禁捕期或缩减期捕捞，则属于非法捕捞水产品行为。

According to the Fishery Protection Law, in order to protect

fishery resources, the state may establish fishing bans for

aquatic products. If someone violates the ban, or catches during

the protection period, fishing ban period or reduction period,

it shall be deemed as illegal fishing of aquatic products.

二、捕捞水产品种类

2. Types of Aquatic Products Fishing

捕捞水产品种类指的是水产资源保护法中明确的禁捕、限捕的水生动物，以及有关管理部门规定必须受到保护的其他水生动物。

The types of aquatic products fishing refer to the aquatic

animals that are prohibited or limited to fishing according to

the Fishery Protection Law, as well as other aquatic animals

that must be protected according to the regulations of the

relevant management department.

三、非法捕捞水产品的立案标准

3. Prosecution Standards for Illegal Fishing of Aquatic Products

非法捕捞水产品罪立案标准主要为：犯罪嫌疑人对捕捞水产品种类没有清楚认识，并有捕捞行为；其行为有明显违反捕捞水产品禁令的表现；并有明显的违法犯罪成熟，非法捕捞水产品给国家或社会造成重大损失等。若犯罪嫌疑人所犯的非法捕捞水产品罪属于轻罪或者多次非法捕捞水产品行为尚未达到犯罪的程度，可以不判处刑罚，而是或者拘留几天。

The prosecution standards for the crime of illegal fishing of

aquatic products mainly include: the suspect has no clear

understanding of the types of aquatic products, and has fishing

behavior; his behavior has obvious performance of violating

fishing bans of aquatic products; and there is obvious illegal

and criminal maturity, which has caused serious losses to the

state or society. If the crime of illegal fishing of aquatic

products committed by