27

When fishing, stay out of closed seasons and closed zones; never electrofish, poison fish, or blast fish at any time; do not use banned gear

NewGrade ABig benefitFreedomFreeLittle timeSome willpower

Electrofishing, poisoning, or blasting fish in a closed zone or closed season already meets the threshold for illegal harvesting of aquatic products, up to 3 years. Only when the catch is small and harm clearly light may non-prosecution be possible. Electrofishing also draws a fine, generally up to 200000 yuan (20万); taking electrofishing gear into the water can also be fined. Someone on the Yangtze electrofished and sold for 9000 yuan, and got 1 year.

Cost
No money. Before entering the water, check closed zones, closed seasons, and no-fishing zones published by the local agriculture and rural affairs department. Do not buy electrofishing gear or take it to the water’s edge. To fish, go to waters where angling is allowed, or to a fee pond. The hard part is not joining when you see others electrofishing and taking a large catch.
Benefit
Criminal Law Article 340: harvesting aquatic products in a closed zone or closed season, or with banned tools or methods, when circumstances are serious, brings up to 3 years of fixed-term imprisonment, criminal detention, public surveillance, or a fine. A 2022 two-high judicial interpretation states what counts as “serious circumstances”; any one of the following is enough. Illegally harvesting 500 kilograms or more in inland waters, or value of 10000 yuan (1万) or more. Harvesting 50 kilograms or more, or value of 1000 yuan or more, inside an aquatic germplasm reserve. Harvesting in a closed zone by electrofishing, poisoning, blasting, or similar methods. Harvesting in a closed season by those methods. The same article leaves an opening: when quantity, value, and tools show harm is clearly relatively light, non-prosecution or exemption from criminal punishment is possible. Next, the Fisheries Law, revised in 2025 and in force from 1 May 2026. It bans harvesting in violation of closed-zone and closed-season rules, and bans angling in violation. It bans harvesting by blasting, poisoning, or electrofishing, and bans taking such devices into fishery waters. Harvesting with banned gear or nets below the minimum mesh size is likewise banned. Penalties are set thus: for electrofishing, poisoning, or blasting fish — confiscate tools, catch, and illegal gains, and fine up to 200000 yuan (20万). When circumstances are serious, fine 200000 to 2000000 yuan (20万 to 200万). Merely taking electrofishing gear into fishery waters — confiscate the tools, and a fine of up to 100000 yuan (10万) may be imposed. Harvesting in violation of closed-zone or closed-season rules, or with banned gear — fine up to 200000 yuan (20万). Angling in violation in a closed zone or closed season — confiscate catch, illegal gains, and gear, and a fine of up to 50000 yuan (5万) may be imposed. The Yangtze has another layer: the Yangtze Protection Law provides a full ban on productive harvesting of natural fishery resources in key waters such as the main stem, important tributaries, and large lakes connected to the river. The Yangtze ten-year fishing ban is counted from 1 January 2021. Harvesting in banned waters: confiscate catch, illegal gains, and boats and gear, and fine 10000 to 50000 yuan (1万 to 5万). Electrofishing, poisoning, or blasting: fine 50000 to 500000 yuan (5万 to 50万). Official case: Li, knowing the Jiangdu Jiajiang stretch of the Yangtze in Yangzhou was a closed zone, still ran a speedboat with an inverter to electrofish. From January 2018 to April 2019 he electrofished over 60 times, took over 900 jin of wild fish and sold them, making 9000 yuan. He surrendered, returned illegal gains, and released a first batch of fry, yet was still sentenced to 1 year of fixed-term imprisonment for illegally harvesting aquatic products. Under a settlement he also had to apologize publicly in provincial media and release fry worth 25000 yuan (2.5万) and 22500 yuan (2.25万) in two batches. In another Supreme People’s Court guiding case, 8 people fished three or four dozen times with gill nets and homemade electric grids in the East Dongting Lake no-fishing zone. Their terms ranged from 3 months of criminal detention suspended up to 1 year 1 month of fixed-term imprisonment. Illegal gains of 100000 yuan (10万) were all recovered (nationwide; Fisheries Law in force from 1 May 2026)
Notes
The beneficiary is you. The Fisheries Law states that occasional recreational angling by individuals is not a harvesting operation and needs no harvesting license. But angling in violation in a closed zone or closed season still brings confiscation of gear and a fine. Whether angling is allowed in Yangtze banned waters, and how many rods and hooks one person may use, has no single national figure. A 2024 Ministry of Agriculture and Rural Affairs opinion only requires localities to set their own rules and mark no-angling zones. Core zones of reserves and important aquatic habitats ban angling entirely. Where angling is allowed in Yangtze banned waters, nationwide limits still apply: no fish finders or underwater cameras, no toxic bait or groundbait, and catch may not be sold. Methods such as “explosion hooks” and “string hooks” are named for crackdown. Catch that is clearly excessive and sold for money may be investigated as illegal harvesting. So before you go, check the local agriculture and rural affairs website or notice boards. The criminal thresholds above cover only inland waters; the sea has another set of standards. Knowingly purchasing or selling fish from illegal harvesting is handled as concealing criminal proceeds. Catching nationally key-protected aquatic animals is punished more heavily; see item 14 of this section (do not eat wild game or trade protected animals).
Sources · 8
  1. 全国人大 (1997). 刑法(第三百四十条,此条未经修正案修改). spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
  2. 最高人民法院、最高人民检察院 (2022). 关于办理破坏野生动物资源刑事案件适用法律若干问题的解释(法释〔2022〕12 号,第三、九条). spp.gov.cn/spp/xwfbh/wsfbt/202204/t20220407_5…
  3. 全国人大常委会 (2025 修订). 渔业法(第三十二、四十四、四十五、七十七、七十八条). flk.npc.gov.cn/detail?id=e29e88f12bc041d48b8b…
  4. 全国人大常委会 (2020). 长江保护法(第五十三、八十六条). flk.npc.gov.cn/detail?id=ff80808175265dd40176…
  5. 国务院办公厅 (2024). 关于坚定不移推进长江十年禁渔工作的意见(国办发〔2024〕12 号). gov.cn/zhengce/zhengceku/202403/content_69407…
  6. 农业农村部办公厅 (2024). 关于进一步加强长江流域禁捕水域垂钓管理工作的意见(农办长渔〔2024〕5 号). cjyzbgs.moa.gov.cn/tzgg/202412/t20241231_6468…
  7. 最高人民法院 (2021). 长江流域生态环境司法保护典型案例(案例一). court.gov.cn/zixun/xiangqing/287891.html
  8. 最高人民法院 (2023). 指导性案例 213 号:黄某辉、陈某等 8 人非法捕捞水产品刑事附带民事公益诉讼案. court.gov.cn/shenpan/xiangqing/418242.html

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