Compiled from: Supreme People's Court, Rizhao Development Zone Court
 
Case review
Zhang and Li each owned a fishing boat. During the summer fishing moratorium in 2019, to seek illegal economic gains, Zhang alone or together with Li hired Wang, Sun, and eight others to fish over 70,000 jin of seafood multiple times in the no-fishing zone off the coast of Rizhao, profiting over 870,000 yuan. To pursue economic benefits, despite knowing about Zhang and others' illegal fishing activities, Bu sold over 30,000 liters of fuel to Zhang and Li, while Ding agreed with Zhang on purchase arrangements, buying all the illegally caught seafood. After the incident, the Shandong Maritime Judicial Appraisal Center determined that Zhang and others' illegal fishing caused severe damage to marine ecological fishery resources.

 
 

After trial, the court found that Zhang, Li, Bu, Ding, and 10 others violated laws on the protection of water resources by fishing for marine products during the nationally designated fishing moratorium period, with serious circumstances. Their actions constituted the crime of illegal fishing of aquatic products and should be subject to criminal liability. The 14 individuals jointly and intentionally committed the crime, constituting a joint crime. Based on their respective roles and functions in the joint crime, Zhang, Li, and Ding played primary roles and were principals; the remaining 11 played secondary roles and were accomplices, warranting lighter punishment. Given that all 14 truthfully confessed their criminal acts, showing voluntary surrender or truthful account, and that Zhang, Li, and Ding voluntarily surrendered part of their illegal gains, they could receive lighter punishment.
 
 
Court judgment
Zhang, Li, Bu, Ding, and 10 others were convicted of the crime of illegal fishing of aquatic products and sentenced to fixed-term imprisonment ranging from one year and two months, suspended for two years, to six months, suspended for one year.
 
Among them, in addition to confiscating illegal gains of over 870,000 yuan, Zhang, Li, and Bu are required, under the supervision of the fishery department, to restore damaged marine fishery resources by releasing fish fry in the offshore waters of Rizhao. If they fail to release fry for restoration, they shall jointly bear the costs of marine fishery resource restoration.
 
 
"Criminal Law of the People's Republic of China" 
Article 340
Whoever, in violation of laws and regulations on the protection of aquatic resources, catches aquatic products in a closed fishing area, during a closed fishing season, or using prohibited fishing gear or methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or a fine.

 

 
[1] The author's perspective
Coinciding with this year's fishing moratorium, the Supreme People's Court released the top ten typical cases of environmental resources from people's courts in 2020, one of which involved illegal fishing during the moratorium, highlighting the significant impact of such behavior.
 
The ocean is an important ecological barrier for China's waters, and the Yellow Sea is particularly rich in surface resources and fishery resources. In recent years, the water environment has deteriorated, and the biodiversity index has continued to decline. In this case, driven by profit, Zhang and Li illegally fished during the closed fishing season, directly damaging the fishery resources and aquatic ecological environment of the area, harming biodiversity and ecological balance. Cases of illegal fishing during the closed season occur from time to time. The People's Court imposes severe punishments according to law, strengthens the ecological security boundary, effectively regulates fishermen's fishing behavior, and strongly curbs illegal fishing, which is of great significance for maintaining the balance of the aquatic ecosystem.
 
Reading the top ten classic cases of environmental resources, the author feels that these cases not only serve as a deterrent but also make us reflect that environmental protection requires legislative and judicial support on one hand, but more importantly tests people's self-awareness. The natural environment is not formed overnight, but the cumulative damage over time will eventually backfire on us.