For protection and stimulative fishery resource reasonable use, world each country executes the fish resource protection such as banned fishing gear of closed season, regulation generally, our country " piscatorial law " specific also to this provision. Nevertheless, still many fishing common feelings of people put fluky, deliberatelly break the law, violate compasses fishing gear to wait to oneself expedience goes to sea in closed season embarkation or be used carry out catching exercise.
Today (on October 18) , one quadrangle of Shanghai to an experience record of appeal of punishment of fishing politics administration undertakes publicity adjudging. The fisherman is like some to use the fishing gear that is less than dimension of the smallest mesh to undertake catching because of disobeying closed season regulation to reach, by fishing politics sectional administration punishs 50 thousand yuan. One quadrangle final judgment of Shanghai maintains this administration punishment to decide the fact is clear, applicable law is correct etc, the court decision rejected Xiao Mou to ask cancel administration punishs the appeal of the decision to request.
Closed season is used violate compasses fishing gear to fish
The fisherman is punished 50 thousand heart has unwilling
On May 24, 2017, some fishing politics the branch discovers when closed season is checked, there is many fisher to using double anchorage Zhang Gang in some maritime space piece net catching exercise, when preparing the examination that ascend a boat, afore-mentioned fisher escape, in fisher hard and fast place is discovered after. Via ascending boat examination, fishing politics branch discovers afore-mentioned fisher all work to be engaged in catching fisher, pile up on fisher drenched flue fishing gear and fishing catch thing. Fishing politics branch enquires to piscatorial investigation the process is medium, refus of this fisher of case place experience does not admit he disobeys closed season regulation to give the fact that the sea catchs and reject to cooperate to execute the law examination. Classics fishing politics the branch entrusts appraisal, appraisal branch maintains Xiao Mou to take fishing gear dimension not to accord with a country along with boat place " allow to be mixed with fishing gear about carrying out ocean to catch transfer fishing gear is the smallest the announce of mesh measurement system " relevant provision.
In August 2017, fishing politics branch makes administration punish a decision, the regulation that thinks Xiao Mou disobeys closed season and use be less than fishing gear of dimension of the smallest mesh to undertake catching, and illegal behavior is accorded with from serious case, the clue is particularly serious. Its behavior was disobeyed " law of fishery of People's Republic of China " (the following abbreviation " piscatorial law " ) thirtieth the first, the 4th (2) regulation, the decision fines 50 thousand yuan to Xiao Mou, confiscate a net to provide top and 4 anchor 8.
Xiao Mou decides to refuse to obey to administrative punishment, saying oneself drive a boat to go to sea is to come home, did not carry out catching behavior, its decide with administrative punishment cognizance fact is not clear etc for, appeal to to court of first instance, request cancel administration punishs a decision.
Court of first instance adjudicates via cognizance the suit that rejected Xiao Mou requests. Xiao Mou refuses to obey, appeal reachs Shanghai one quadrangle.
Catching time and fishing gear all break the law
Administration punishs a decision and all without exception is become
One quadrangle of Shanghai thinks via cognizance, " piscatorial law " thirtieth the first regulation, prohibit undertaking catching in closed area, closed season. The net that taboo is less than dimension of the smallest mesh is provided undertake catching... Shanghai agriculture committee releases " about adjusting this city marine Fuji rests the announce of fishing system " regulation, what this city belongs to maritime space of the East China Sea cease fishing time is on May 1 12 when to on September 16 12 when...
In this case, according to some the spot that fishing politics branch offers notes, record of photograph, circumstance, right investigation of experience case fisher obtains evidence politics boat checks circumstance, some fishing littoral circumstance, fishing scoops up fishing of log, sale to catch thing the minute book, inquiry to Xiao Mou notes, counterproposal alien Yu Mou, can prove Xiao Mou is hunted down carried out catching exercise behavior that day, disobeyed cease fishing period prohibits the provision that fishing wins work.
Because be like,did not cooperate to execute the law examination, fishing politics branch entrusts the tripartite that has relevant aptitude to undertake appraisal is evaluated and issue a report to fishing gear flue, the net that can confirm Xiao Mou is carried along with the boat provides dimension to be less than dimension of the smallest mesh, violated relevant regulation.
On put together, one quadrangle of Shanghai maintains administrative punishment to decide the fact is clear, applicable law is correct, reject the appeal on Xiao Mou to beg then, maintain first instance to adjudicate.
After front courtyard careful this case advocate careful judge Chen Genjiang accepted media to interview.
Civil: Wang Changpeng
Graph: Su Yi Wang Changpeng
