I. Background of document formulation
From 2002 1 year 1 month1day, the "ten-year fishing ban" was opened in key waters of the Yangtze River basin, and productive fishing was completely banned. Fishing is also a kind of fishing behavior. With the development of fishing tools and the innovation of fishing methods, some fishing tools and methods that pose a great threat to aquatic organisms are produced at present. These fishing methods get a lot of catches, which violates the original intention of leisure fishing and disrupts the order of no fishing in the Yangtze River. In accordance with the Opinions of the General Office of the Ministry of Agriculture and Rural Affairs on Further Strengthening the Management of Fishing in the Yangtze River Basin (Nongban Changyu _2020_3) and the Notice of the Yangtze River Basin Fishery Supervision and Management Office of the Ministry of Agriculture and Rural Affairs on Strengthening and Standardizing the Management of Fishing in the Yangtze River Basin (Changyufa _2020_ 12) and the Management Measures for Leisure Fishing in No Fishing Waters in the Yangtze River Basin of Sichuan Province (Trial) "(Chuannong Kloc-0/), formulated the management measures for recreational fishing in the no-fishing waters of the Yangtze River Basin in Luzhou City (for Trial Implementation) to curb the phenomenon of disorderly fishing destroying aquatic biological resources.
Second, the basis for formulation
1. Fisheries Law of the People's Republic of China
2. The Yangtze River Protection Law of the People's Republic of China
3. Wildlife Protection Law of the People's Republic of China
4 "Regulations on the Protection and Management of Aquatic Organisms in the Yangtze River"
5. Measures for the Implementation of the Fisheries Law of the People's Republic of China in Sichuan Province.
6. Opinions of the General Office of the Ministry of Agriculture and Rural Affairs on Further Strengthening the Fishing Management in the Yangtze River Basin (Nongban Changyu No.3 _ 2020 _)
7. Notice of the Yangtze River Basin Fishery Supervision and Management Office of the Ministry of Agriculture and Rural Affairs on Strengthening and Regulating Fishing Management in the Yangtze River Basin (Chang Yu Fa _2020_ 12)
8. Ministry of Agriculture and Rural Affairs, Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court
Notice on Printing and Distributing the Opinions on Punishing Illegal Fishing and Other Crimes in the Yangtze River Basin according to Law (Gong Tong Zi _2020_ 17)
9. Notice of the Department of Agriculture and Rural Affairs of Sichuan Province on Printing and Distributing the Measures for the Administration of Leisure Fishing in No Fishing Waters in the Yangtze River Basin of Sichuan Province (for Trial Implementation) (Chuannonggui _2022_ 1No.)
Third, the main content
First, the prohibited fishing areas were defined: aquatic biological protection areas (national nature reserve for rare and endemic fish in the upper reaches of the Yangtze River and conservation zone for aquatic germplasm, namely, Luzhou section of the Yangtze River, Luzhou section of Chishui River, Guanyizui to Hushi section of Tuojiang River, Yongning River in Naxi District flowing into the estuary to Quba section, Qiaozui of Laixi River _ Mongolia _ national aquatic germplasm in Luxian County, conservation zone, Longmatan section of Longxi River provincial aquatic germplasm in conservation zone), and counties. In the future, the newly established aquatic biological reserve in the Yangtze River basin of Luzhou City and the newly announced perennial fishing-forbidden waters of the state and province will be included in the scope of the fishing-forbidden zone from the date of establishment and promulgation.
Second, the no-fishing period has been made clear: every year from 0: 00 on March/KLOC-0 to 24: 00 on June 30, fishing is prohibited in the natural waters of the city.
Third, the fishing tools and fishing methods are clarified: outside the no-fishing area and no-fishing period, each angler can only use one fishing rod, one line and fishing tackle with no more than two hooks; In addition to prohibiting the use of fishing gear prohibited by the Ministry of Agriculture and Rural Affairs, we should also abide by the fishing tools and methods prohibited by the Provincial Department of Agriculture and Rural Affairs.
The fourth is to clarify the management of catches: it is forbidden to catch aquatic wild animals under national and provincial key protection. If caught by mistake, they should be immediately returned to the original water body. During the fishing period of each fisherman every day, the total weight of the catch retained shall not exceed 2.5 kg, and the excess shall be immediately returned to the original water body. If the weight of a single catch exceeds 2.5 kg, it may be retained, and other catches shall be immediately returned to the original water body. The species listed in the List of Alien Invasive Species under National Key Management and the List of Alien Invasive Species in China are not included in the catch management. It is forbidden to discard, disperse or hide the catches that should be immediately put back into the original water body, and it is forbidden to sell or buy the catches and their products in the no-fishing waters.
Fifth, there are requirements for holding group fishing activities: the organizer should report the time, place, number of participants, use method and types of catches to the county-level fishery administrative department where the event is held 15 in advance. When the event is held, the local fishery administrative department at the county level shall conduct on-site supervision and inspection.
Sixth, the safety awareness and environmental protection behavior of anglers are required: anglers should consciously carry necessary life-saving equipment on water, actively identify and avoid dangerous areas, and at the same time consciously maintain the natural environment of fishing waters.
Seventh, the regulations on illegal fishing have been clarified, and penalties will be imposed in accordance with the Fisheries Law of the People's Republic of China and the Measures for the Implementation of Sichuan Province. For those who need to carry out scientific research, teaching, investigation, monitoring and fishing by fishing in areas and times where fishing is prohibited, the relevant requirements have been clarified.
Fourth, the main features:
(1) Delineating fishing areas. Fishing is prohibited all the year round, aquatic biological reserves (national nature reserve of rare and endemic fish in the upper reaches of the Yangtze River and conservation zone of aquatic germplasm, namely: Luzhou section of the Yangtze River, Luzhou section of Chishui River, Guanyizui to Hushi section of Tuojiang River, Yongning River in Naxi District flowing into the estuary to Quba section, Laixi River Qiaozui _ Mongolia _ national aquatic germplasm in Luxian County, conservation zone, and Longxi River provincial aquatic germplasm in Longmatan, conservation zone), and counties (districts). In the future, the newly established aquatic biological reserve in the Yangtze River basin of Luzhou City and the newly announced perennial fishing-forbidden waters of the state and province will be included in the scope of the fishing-forbidden zone from the date of establishment and promulgation.
The second is to clarify the fishing time. Avoid the key stages of aquatic life such as reproduction and migration, and avoid the damage caused by fishing to aquatic biological resources. The method makes it clear that the fishing period is from March 1 day to June 30 every year, and fishing in all natural waters of the city is prohibited.
The third is to standardize the fishing tackle fishing method. Each angler can only use one fishing rod, one line and fishing tackle with no more than two hooks. Prohibit the use of prohibited fishing gear and methods announced by the state and the province; Prohibit the use of fish detection equipment and video AIDS; Prohibit the use of boats, rafts and other floating objects on the water; It is forbidden to use a fish hook with a hook width of more than 2cm. The hook width refers to the minimum distance from the hook tip to the hook handle. According to the investigation and consultation of superiors, the hooks with a hook width of more than 2CM are mostly used for "anchoring fish" (a method of directly stabbing the fishing body with spikes), and the fish detection equipment and video auxiliary devices are also used for "anchoring fish", which is contrary to the original intention of leisure fishing. Therefore, hooks with a hook width of more than 2CM, fish detection equipment and video AIDS are prohibited from being used.
The fourth 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 for fish and shrimp. Some anglers use fish (especially loach) and shrimp as bait and nest material to lure fierce and gluttonous fish such as _ _ to gather, which can catch a large number of fish in a short time and become a potential productive fishing means.
The fifth is to standardize the disposal of catches. The trading of catches is strictly prohibited, and any trading behavior is regarded as illegal fishing.
The sixth is to regulate the provisions on the retention of catches. During the fishing period of each fisherman every day, the total weight of the catch retained shall not exceed 2.5 kg, and the excess shall be immediately returned to the original water body. If a single fish (only) weighs more than 2.5 kilograms, it can be retained, but only one fish (only) can be retained, and other catches should be immediately returned to the original water body.
Five, common types of invasion:
Common alien invasive aquatic organisms mainly include: crayfish, Nile tilapia, red-bellied sawfish fat carp, leopard-print fat catfish (scavenger), mosquito-eating fish, snail, red-eared turtle (Brazilian turtle), bullfrog and so on.
legal ground
Fisheries Law of the People's Republic of China
Thirtieth prohibit the use of fried fish, poisonous fish, electric fish and other methods to destroy fishery resources for fishing. It is forbidden to manufacture, sell or use prohibited fishing gear. It is forbidden to fish in closed fishing areas and closed fishing periods. Fishing with nets smaller than the minimum mesh size is prohibited. The juvenile fish in the catch shall not exceed the prescribed proportion. It is forbidden to sell the illegally caught catch in the closed fishing area or during the closed fishing period.
Species of key protected fishery resources and their fishing standards, closed fishing areas and periods, fishing gear and fishing methods prohibited or restricted, minimum mesh size and other measures to protect fishery resources shall be stipulated by the fishery administrative department of the State Council or the fishery administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government.