The Ministry of Agriculture and Rural Affairs issued the”Measures for the Identification (Appraisal) of Articles Involved in Illegal Fishing Cases and the Assessment and Restoration of Aquatic Biological Resources Damage (for Trial Implementation)”
By: Date: 2021-01-05 Categories: authoritativerelease Tags: ,
   In order to punish illegal fishing of aquatic products in accordance with the law, strengthen the protection of aquatic biological resources, and promote the construction of ecological civilization in fishery waters, in accordance with the”Fishery Law of the People’s Republic of China” and other laws and regulations The Ministry of Agriculture and Rural Affairs has studied and formulated the Measures for the Identification (Verification) of Items Involved in Illegal Fishing Cases and the Assessment and Repair of Aquatic Biological Resources Damage (Trial) (hereinafter referred to as the “Measures”). The”Measures” clarify that the identification (authentication) of the items involved in the case shall implement the principle of identification (authentication) first, and the principle of identification (authentication) as supplementary, and stipulate the applicable circumstances of the identification (authentication) of the items involved, the conditions of the identification (authentication) evaluation agency, the method and basis of the evaluation Standards, time limits, etc. The “Measures” determined that the assessment of damage to aquatic biological resources includes direct damage assessment and indirect damage assessment, and clarified the damage content, assessment criteria, and value damage calculation method. At the same time, the “Measures” clarified the principles of who damages and who repairs the damage. Damage repair subject and repair measures. For serious illegal fishing activities such as electric fish, poisoned fish, and fried fish, the”Measures” specifically clarify that in addition to the catch, direct damage should also be integrated into the local fishery resources and assess the status of dead but not caught aquatic organisms. Value, its value can be calculated at three to five times the value of the actual catch; at the same time, indirect damage is calculated at not less than ten times the direct damage to aquatic biological resources.

   Article 1 In order to punish illegal fishing and destruction of aquatic biological resources in accordance with the law, standardize the identification and damage assessment of illegal fishing of aquatic biological resources, and ensure fishery law enforcement and Criminal justice is organically connected, in accordance with the spirit of the Party Central Committee and the State Council on the reform of the ecological environment damage compensation system, the”People’s Republic of China Fishery Law”,”The People’s Republic of China Environmental Protection Law”,”The People’s Republic of China Marine Environmental Protection Law” and other legal regulations and the”Office of the State Council” The Notice of the Office on Effectively Doing a Good Job in Relevant Work on Prohibition of Arrests in the Yangtze River Basin” (Guoban Zhidian [2020] No. 21) formulated these measures.   Article 2 These Measures are applicable to the identification (authentication) of the items involved in illegal fishing cases and the assessment and restoration of damage to aquatic biological resources caused by illegal fishing.

   Article 3 The identification (authentication) of the involved items in these Measures refers to the identification of the illegal fishing involved fishing tools, fishing methods, and the involved catch , Identification.

   Article 4 The identification (authentication) of the items involved in the case shall be based on the principle of identification first and identification second. Regarding the illegal fishing tools, fishing methods, types of catches, and the degree of harm to aquatic biological resources involved in the case, in principle, the fishery administrative penalty agency shall make a determination within two working days; if it is difficult to determine, an expert or appraisal assessment can be entrusted Institutions conduct identification or evaluation.

   Article 5 In one of the following circumstances, the fishery administrative penalty agency may entrust an expert or appraisal agency to conduct appraisal or assessment:(1) It is difficult to determine the fishing tool involved 1. Whether the fishing method is a fishing tool or fishing method that is prohibited or restricted; (2) It is difficult to determine whether the fish caught in the case belongs to a protected species; (3) It is difficult to determine the degree of damage to aquatic biological resources; (4) It is difficult to determine Measures for the restoration of aquatic biological resources.

   Article 6 The fishery administrative penalty agency entrusted to carry out the appraisal and assessment shall select an agency with environmental judicial appraisal qualifications, and aquatic organisms recommended by the fishery authority at or above the provincial level Or universities, research institutes, and other institutions with research capabilities and experimental conditions for water ecological environment.

   Article 7 The fishery administrative penalty agency shall sign an appraisal and evaluation commission agreement with the appraisal and appraisal agency, clarifying the contents of the appraisal and evaluation items, time limit and requirements. Appraisal and evaluation fees can be implemented with reference to relevant judicial appraisal fees.

   Article 8 The fishery administrative penalty agency shall collect and fix relevant evidence in accordance with the requirements of the fishery illegal case evidence collection and assist the appraisal agency Evaluation and other work.

   Article 9 If the appraisal agency believes that the appraisal materials are incomplete or insufficient, and cannot meet the appraisal needs, the fishery administrative penalty agency shall supplement it in time.

   Article 10 Where the appraisal and evaluation professional and technical personnel extract the appraisal materials, the fishery administrative penalty agency shall send two law enforcement personnel with law enforcement qualifications to witness and write on the extraction records signature. With the approval of the chief person in charge of the fishery administrative penalty agency, the person entrusted with the appraisal and appraisal may be provided with case information related to the appraisal and appraisal; when necessary, relevant appraisal and appraisal personnel may be allowed to listen to the inquiries of the parties concerned.

   Article 11 National, industry, and local standards and technical specifications shall be adopted for appraisal and evaluation. If standards and norms have not yet been formulated, generally recognized and widely used authentication and evaluation methods shall be adopted.

   Article 12 The entrusted appraisal evaluation should generally be completed within 30 days. If the situation is complicated, the time limit for appraisal and evaluation can be appropriately extended. The appraisal and evaluation report issued by the appraisal and evaluation agency shall be reviewed and signed by the main responsible comrades and affixed with the official seal of the unit. The appraisal evaluation report issued by the expert shall be signed by the expert himself.

   Article 13 The identification (verification) of the fishing tool involved shall be based on the”Classification, Naming and Code of Fishing Gear” (GB/T 5147) to determine its name and combine it with The list of prohibited or restricted fishing tools published by the Ministry of Agriculture and Rural Affairs or relevant provincial fisheries authorities and related regulations shall determine whether they are prohibited or restricted fishing tools. The identification (authentication) of the electric fish tool involved shall comprehensively consider its structure or composition, working principle and other factors.

  Article 14 The identification (verification) of the species involved in the case shall determine its scientific name, protection level, development level, species source and other related matters.

  Article 15 Damage assessment of aquatic biological resources is divided into direct damage assessment and indirect damage assessment.

  Article 16 Direct damage assessment is mainly to assess the value of illegally caught fish. It belongs to the national key protected aquatic wildlife, the”Convention on International Trade in Endangered Species” appendix aquatic species, and the local key protected aquatic wild animals that are not listed in the”Convention on International Trade in Endangered Species of Wild Fauna and Plant Species” appendix aquatic species, its value The assessment is carried out in accordance with the”Measures for Value Assessment of Aquatic Wild Animals and Their Products”. The value of other catches shall be determined based on the sales amount; if there is no sales amount, the sales amount is difficult to verify, or the sales amount is clearly low, it shall be determined based on the market price; if it still cannot be determined, the fishery administrative penalty agency shall determine or be determined Relevant price certification agencies make certification and issue reports. For serious illegal fishing activities such as electric fish, poisoned fish, and fried fish, the direct damage should also be integrated with the local fishery resource status, and the value of dead but uncaught aquatic organisms should be evaluated. The value can be based on the third of the value of the actual catch. Up to five times the calculation.

   Article 17 The use of electricity, poisons, explosions and other methods that seriously damage resources and the environment, or the prohibition of fishing gear for illegal fishing, shall also carry out indirect damage assessment. Indirect damage assessment should be determined by considering the type, time period, duration, area, and local fishery resource conditions of illegal fishing operations, and mainly assess the amount of damage in respect of the growth and development of aquatic organisms, the termination of reproduction, and habitat destruction. In principle, the amount of damage caused by the hindered growth and development of aquatic organisms and the termination of reproduction shall be calculated as not less than three times the direct damage to aquatic biological resources. In principle, the amount of damage caused by the destruction of aquatic habitat shall be calculated as not less than twice the direct damage to aquatic resources. Indirect damage to illegal fishing activities such as electric fish, poisoned fish, fried fish, drag pump sucking stab, dragging water flushing tooth rake stab, dragging tooth rake stab, and use of trawling in waters where trawling is forbidden. Calculated as not less than ten times the direct damage to aquatic biological resources.

  Article 18 For carrying electric fish, poisoned fish, fried fish and other related prohibited tools (substances) into fishery waters, no catches or aquatic organisms are found If resource damage is difficult to determine, it can be based on on-site law enforcement audio and video records, video surveillance around the crime scene, transaction communication records, witness testimony, confessions and defenses of the parties involved, fishing tools or fishing methods involved, scope, season and duration, and fishing waters Environmental conditions and the distribution of aquatic organisms comprehensively evaluate the total damage of aquatic organism resources.

   Article 19 In accordance with the principle of who damages and repairs, the parties involved in the damage to aquatic biological resources shall perform the obligation to restore the aquatic biological resources. If the party does not have the repair capability, it may entrust a third party with the corresponding repair capability to implement it.

   Article 20 Restoration measures for aquatic biological resources mainly include multiplication and release and habitat restoration. The restoration measures of aquatic biological resources shall fully consider the scientificity and operability, and the funding arrangement shall generally not be less than the total amount of damage to the aquatic biological resources caused. Proliferation and release shall be based on factors such as the status of aquatic biological resources in the fishing waters, water environmental conditions, the composition of the fish involved, feasibility of seed supply, and other factors, and shall comply with the”Regulations on the Management of Proliferation and Release of Aquatic Organisms.” Measures for restoration of aquatic habitats include setting up artificial fish nests and artificial reefs.

   Article 21 The fishery administrative penalty agency shall strengthen the supervision and management of the parties’ performance of the restoration obligation. The performance of the restoration obligation can be used as a reference for the punishment of the case.

   Article 22 If the appraisal and evaluation agency has falsified and caused serious inaccuracy in the appraisal and evaluation, wrong conclusions, or unauthorized disclosure of case information, the fishery administrative penalty agency shall terminate the commission Business, and notify relevant authorities.

   Article 23 The fishery administrative penalty agency referred to in these Measures refers to the fishery administrative department or fishery administrative agency that makes fishery administrative penalty decisions in accordance with the law .

   Article 24 If relevant departments handle illegal fishing public interest litigation cases, they need to conduct the identification (authentication) of illegal fishing of the goods involved or the assessment of damage to aquatic biological resources, please refer to This approach is implemented.

   Article 25 This approach will be implemented on January 22, 2021.