Tiếng Việt
Table of Contents
1. Legal regulations on the use of electric pulses and electric shocks to catch fish
2. How will fishing using electric pulses and electric shocks be handled?
2.1 Administrative sanctions
2.2 Criminal prosecution
1. Legal regulations on the use of electric pulses and electric shocks to catch fish
According to Clause 7, Article 7 of the Fisheries Law 2017, the following acts are strictly prohibited in fisheries activities: “7. Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources.”
2. How will fishing using electric pulses and electric shocks be handled?
2.1 Administrative sanctions
According to Clause 1, Article 28 of Decree 42/2019/ND-CP, which stipulates sanctions for administrative violations in the field of fisheries:
“1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the use of electrofishing equipment in case of commercial fishing without fishing vessels.”
In addition, additional sanctions are stipulated in Point a, Clause 5, Article 28 of Decree 42/2019/ND-CP:
“5. Additional penalties:
a) Electrofishing equipment, generators and fishing gears shall be confiscated in case of commission of any of the violations specified in Clause 1 through 4 of this Article;”
Thus, people who fish using electric shock devices will be fined from VND 3,000,000 to 5,000,000 million and have their electric shock devices and electric shock devices confiscated.
2.2 Criminal prosecution
According to Point a, Clause 1, Article 242 of the 2015 Penal Code, amended and supplemented in 2017, stipulates:
Article 242. Destruction of aquatic resources
1. A person who violates regulations on protection of aquatic resources in any of the following circumstances and causes losses to aquatic resources of from VND 100,000,000 to under VND 500,000,000 or extracts a quantity of aquatic products assessed at from VND 50,000,000 to under VND 200,000,000 or commits any of them while having incurred an administrative penalty or has an unspent conviction for the same offence shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) Using poisons, explosives, other chemicals, electricity or banned fishing equipment for fishing or destructing aquatic resources;
As stipulated above, fishing by electric pulse or electric shock leading to the above case is considered as destroying aquatic resources and will be subject to a fine of 50 million to 300 million VND, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.