With the implementation of the 10-year no-fishing policy in the Yangtze River, the activities of fishing enthusiasts along the Yangtze River are greatly restricted. Even recreational fishing enthusiasts with one person and one pole are often driven away by fishery administration departments, and some even get fined, and in serious cases, they may be detained and prosecuted.

So is fishing illegal? Especially in natural waters such as rivers, lakes and seas, is it legal to fish with one person and one pole? This will be analyzed in detail.

As we all know, in a society ruled by law, for law enforcers, the law can be done without authorization, while for ordinary people, the law can be done without prohibition.

So is there a law in China that clearly stipulates that fishing is illegal or legal?

According to Article 41 of the Fisheries Law of the People's Republic of China, anyone who fishes without obtaining a fishing license according to law shall have his catch and illegal income confiscated and be fined less than 100,000 yuan. If the circumstances are serious, fishing gear and fishing boats may be confiscated.

So is fishing a fishing activity? There is no doubt that fishing belongs to the activity of catching aquatic organisms. The crux of the problem lies in whether fishing needs a fishing license like productive fishing. In this regard, the law does not give clear provisions.

Judging from the legislative intent of the Fisheries Law, the "fishing" stipulated in Article 41 should refer to the "fishing" in the concept of agricultural production, that is, "productive fishing", rather than recreational fishing carried out by an individual.

Although fishing alone may also constitute "fishing", it depends on the "quantity" and "degree" of fishing If a person takes a set of fishing tackle that can catch many fish at the same time, or uses multiple sets of fishing tackle at the same time, he can catch a large number of fish in a short time and take them all away regardless of size, species and spawning, this is of course not a leisure fishing activity, but an agricultural production activity.

1 July, 19861July, 1986, the Fisheries Law, which came into effect, did not explicitly prohibit fishing, because the development of fishing tools and technologies was limited at that time, and the wild fish resources were abundant at that time, so the people caught a limited number of fish from rivers, lakes and seas, and illegally fished (poisonous fish, electric fish and fried fish).

There are many fishing enthusiasts in China, but most of them use their spare time for leisure fishing. It is unrealistic and difficult to require everyone to apply for a fishing license, and it will also provide opportunities for some illegal fishermen.

To this end, the General Office of the Ministry of Rural Agriculture issued the "Work Opinions on Further Strengthening the Fishing Management in the Yangtze River Basin" in 20201February, which made clear requirements for regulating the fishing management in the Yangtze River Basin. The main contents are as follows:

First, delimit fishing areas, and clearly consider the protection of aquatic biological resources and the public's leisure fishing needs. Fishing should be prohibited in protected areas, strictly controlled in the mainstream of the Yangtze River and important tributaries, as well as large Tongjiang lakes such as Poyang Lake and Dongting Lake, and scientifically designated fishing-forbidden areas and allowed fishing areas in other waters.

The second is to standardize the fishing tackle fishing method. All localities are required to formulate a catalogue of fishing tackle that can be used according to the actual situation, limit the number of fishing tackle, strictly prohibit the use of fishing tackle, fishing method, all kinds of fishing equipment and video auxiliary devices that seriously damage aquatic biological resources, and prohibit the use of floating objects such as boats and rafts for fishing.

The third is to standardize the types of bait. It is forbidden to use baits, nests and additives containing toxic and harmful substances, as well as live aquatic bait of fish and shrimp. We encourage the use of artificial baits or bionic baits. The management of bait is to prevent fishing bait from polluting the water body.

The fourth is to standardize the disposal of fishing catches. The trading of fishing catches is strictly prohibited, and any trading behavior is regarded as illegal fishing, so as to ensure that fishing returns to the orientation of leisure and entertainment.

The fifth is to clarify the fishing time. According to the local fishing situation and water situation, the fishing ban period is formulated to avoid the key stages of the life history of aquatic organisms such as reproduction and migration, and to avoid damage to aquatic biological resources.

As can be seen from the above regulations, it is illegal to fish in the no-fishing area, to fish during breeding and migration, to use illegal fishing tackle, bait or auxiliary tools, and to trade catches. In addition, recreational fishing can be done without prohibition.

It is everyone's responsibility to protect the environment and aquatic biological resources; Fishing in accordance with the law can reflect the original intention of leisure and cultivation. You must not fish illegally for profit. If you are fined or detained, you will lose more than you gain.