Illegal Fishing Crimes In China
I. Legal Framework for Illegal Fishing in China
Illegal fishing in China is governed primarily by:
Fisheries Law of the People’s Republic of China (2017 Amendment)
Article 49–52: Prohibits fishing in restricted areas, during closed seasons, or using banned gear.
Article 50: Specifies penalties for illegal capture of endangered or protected species.
Criminal Law of the PRC
Article 341: Illegal fishing in prohibited waters can lead to criminal liability if significant economic loss occurs.
Article 341–342: Punishes smuggling, poaching endangered species, and destruction of aquatic resources.
Maritime and Border Regulations
Administered by the China Coast Guard and local fisheries authorities.
Enforcement includes patrols, seizure of vessels, fines, and criminal prosecution.
Key Principle: Illegal fishing can constitute both an administrative violation and a criminal offense depending on the scale, species involved, and harm caused.
II. Detailed Cases of Illegal Fishing Crimes
Case 1: Bohai Sea Illegal Trawling Case (2014)
Background: Several fishing vessels engaged in trawling in restricted areas during spawning season.
Mechanism of Crime: Used nets that destroyed juvenile fish and endangered species habitats.
Charges: Illegal fishing under Fisheries Law; criminal charges applied due to ecological damage.
Outcome:
Vessel owners fined heavily and sentenced to 1–3 years imprisonment.
Nets and vessels confiscated.
Significance: Demonstrates enforcement of seasonal restrictions and protection of fishery resources.
Case 2: South China Sea Dynamite Fishing Case (2015)
Background: Fishermen in the South China Sea used explosives to catch large quantities of fish.
Mechanism of Crime: Dynamite fishing caused mass destruction of coral reefs and habitats.
Charges: Illegal fishing and environmental destruction.
Outcome:
Arrested individuals sentenced to 3–5 years imprisonment.
Coast Guard destroyed remaining explosives and confiscated vessels.
Significance: Illustrates criminal liability for destructive fishing methods.
Case 3: Poaching of Endangered Sea Turtles – Hainan Province (2016)
Background: Fishermen captured endangered sea turtles for illegal sale.
Mechanism of Crime: Conducted night-time fishing using nets in protected zones.
Charges: Illegal fishing and trafficking in endangered species (Criminal Law, Article 341).
Outcome:
Arrested fishermen sentenced to 2–4 years imprisonment.
Sea turtles rescued and returned to the wild.
Significance: Shows integration of fisheries and wildlife protection laws.
Case 4: Illegal Shrimp Fishing in Yangtze River Estuary (2017)
Background: Fishermen used banned fine-mesh nets to capture shrimp during protected season.
Mechanism of Crime: Overfishing threatened juvenile shrimp populations and disrupted ecological balance.
Charges: Illegal fishing; administrative fines; criminal charges due to scale of damage.
Outcome:
Leaders of fishing syndicate sentenced to 1–2 years imprisonment.
Fines imposed and fishing equipment confiscated.
Significance: Highlights government enforcement of seasonal and gear restrictions to maintain fishery sustainability.
Case 5: Cross-Border Illegal Fishing – East China Sea (2018)
Background: Chinese fishermen illegally entered Japanese waters to catch high-value species (tuna and squid).
Mechanism of Crime: Avoided patrols, falsified GPS records, and sold catch to domestic markets.
Charges: Illegal fishing in foreign waters, smuggling, and evading maritime authority.
Outcome:
Arrested fishermen sentenced to 2–5 years imprisonment.
Vessels confiscated; international diplomatic coordination occurred.
Significance: Shows the criminalization of illegal fishing in foreign waters and cross-border enforcement.
Case 6: Illegal Fishing of Starry Rabbitfish – Zhejiang Province (2019)
Background: Fishermen captured starry rabbitfish during spawning season, violating local conservation laws.
Mechanism of Crime: Operated at night using illegal nets, impacting local biodiversity.
Charges: Illegal fishing and environmental damage.
Outcome:
Fishermen received fines and 6–12 months imprisonment.
Local fisheries authorities enhanced patrols to prevent repeat offenses.
Significance: Reinforces criminal liability for fishing during protected seasons.
Case 7: Large-Scale Illegal Fishing Syndicate – Fujian Province (2020)
Background: Syndicate used modern trawlers to overfish in prohibited areas, targeting high-demand seafood.
Mechanism of Crime: Systematic overfishing with intentional evasion of enforcement.
Charges: Illegal fishing, organized crime involvement, destruction of aquatic resources.
Outcome:
Syndicate leaders sentenced to 3–7 years imprisonment.
Confiscation of trawlers and gear; fines imposed.
Significance: Demonstrates application of criminal law to organized illegal fishing operations.
III. Patterns Across Cases
Severity Linked to Ecological Harm: Larger environmental or species-specific damage triggers criminal prosecution rather than administrative penalties.
Focus on Endangered Species: Targeting protected species carries additional criminal liability.
Organized Operations: Syndicates or cross-border illegal fishing are punished more severely than small-scale offenders.
Enforcement by Multiple Authorities: Cases often involve Coast Guard, fisheries administration, and criminal prosecutors.
Combination of Fines and Imprisonment: Criminal sentences often paired with confiscation of vessels, gear, and fines.
IV. Conclusion
Illegal fishing in China is treated as a serious environmental and economic crime, particularly when:
Endangered species are involved
Ecosystems are harmed
Operations are organized or cross-border
The cases above illustrate the government’s dual approach of administrative enforcement and criminal prosecution, highlighting the SPC’s and local courts’ role in protecting marine resources and punishing violators.
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