How much is the penalty for electrofishing in Vietnam? Is electrofishing liable to criminal prosecution in Vietnam?
Is electrofishing prohibited by law?
According to Article 7 of the 2017 Law on Fisheries in Vietnam, one of the prohibited actions in fisheries activities is:
Prohibited actions in fishery activities
1. Destruction of aquatic resources, aquatic ecosystem, reproductive areas, areas where offspring live and residence of aquatic species.
2. Obstruction of natural migration patterns of aquatic species.
3. Encroachment of or damage to protected zones of aquatic resources and marine protected areas.
4. Catching of aquatic products, aquaculture and construction and other activities that affect the living environment and aquatic resources in subdivisions under strict protection and subdivisions of ecological recovery of marine protected areas.
5. Illegal operation of commercial fishing vessels and other watercrafts in subdivisions under strict protection of marine protected areas except for force majeure.
6. Illegal commercial fishing, failure to report and comply with regulations of law (hereinafter referred to as “illegal commercial fishing”); purchase, sale, transport, storage, preliminary processing and processing of aquatic products originating from illegal commercial fishing, aquatic products with impurities for commercial fraud purposes.
7. Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources.
8. Use of fishing tackle for obstructing or causing damage to organizations or individuals that are engaged in fishing; anchoring or mooring vessels at places where commercial fishing tackle of organization or individuals that are engaged in fishing are located or places where other commercial fishing vessels are engaged in fishing, except for force majeure.
9. Throwing the fishing tackle in natural waters, except for force majeure.
10. Putting impurities into aquatic products for commercial frauds.
11. Use of antibiotics, veterinary drugs and plant protection drugs banned from use in aquaculture; chemicals, biological preparations and microorganisms banned from use in the production of aquatic feeds and products for adjusting aquaculture environment; use of aquatic breeds not included in the list of aquatic species permitted for trading in Vietnam for aquaculture.
12. Destruction and demolition causing damage to or encroachment of works in fishing ports and anchorages for avoiding storms; discharge of wastes into improper places in fishing ports and anchorages for avoiding storms.
13. Abuse of inspection, assessment of aquatic resources to cause damage to national defense, security, national interests, legal rights and interests of other organizations and individuals; illegal provision and use of information and data on aquatic resources.
Thus, use of electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources is prohibited by law.
How much is the penalty for electrofishing in Vietnam? Is electrofishing liable to criminal prosecution in Vietnam? (Image from the internet)
How much is the penalty for electrofishing in Vietnam?
Pursuant to Article 28 of Decree No. 42/2019/ND-CP stipulating the administrative fines for the act of electrofishing as follows:
Violations against regulations on use of electricity in commercial fishing
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.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for storage, transport or trading in electrofishing equipment.
3. The following fines shall be imposed for engaging in commercial fishing by using electrofishing equipment or electric current directly from generators on board fishing vessels:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the violation involving a fishing vessel of less than 12 m in length overall;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the violation involving a fishing vessel of from 12 m to under 15 m in length overall;
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the violation involving a fishing vessel of ≥ 15 m in length overall.
4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the performance of commercial fishing by using electricity current (electrofishing nets) if not liable to criminal prosecution.
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;
b) The fishing license shall be suspended for 03 - 06 months in case of commission of the violation specified in Clause 3 or Clause 4 of this Article.
Thus, those who use electrofishing equipment may be fined from VND 3 million to VND 50 million for each level of violation.
In addition, the person who has the act of using electrofishing equipment shall also have the electrofishing equipment, generator and fishing gear confiscated for the violations specified in Clauses 1, 2, 3 and 4 Article 28 of Decree No. 42/2019/ND-CP;
Simultaneously, stripping the right to use the fishing license from 3 to 6 months for violations specified in Clauses 3 and 4, Article 28 of Decree No. 42/2019/ND-CP.
This fine applies to administrative violations of individuals. In case an organization commits the same violation as an individual, the fine is twice the fine level imposed on an individual (Clause 2, Article 5 of Decree No. 42/2019/ND-CP).
Is electrofishing liable to criminal prosecution in Vietnam?
Persons who commit acts of using electrofishing equipment in serious cases may be examined for penal liability for the crime of destruction of aquatic resources according to the provisions of Article 242 of the 2015 Criminal Code (as amended by Clause 62, Article 1 of the 2017 Law on Amendments to the Criminal Code), specifically:
- A person who violates regulations on protection of aquatic resources in any of the following circumstances and causes a loss of aquatic resources assessed at 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 does it while having incurred an administrative penalty for any of the offences specified in this Article or having 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:
+ Using poisons, explosives, chemicals, electricity or banned fishing for fishing or destructing aquatic resources;
+ Fishing in a banned area or a temporarily banned area as prescribed by law;
+ Extracting species banned from fishing, except in the circumstances specified in Article 244 of the 2015 Criminal Code;
+ Destroying the habitat of aquatic species on the list of endangered species;
+ The offence causes ≥ 61% WPI for another person;
+ The offence causes a total WPI of 61% - 121% for more than one person;
+ Violations against other regulations of law on protection of aquatic resources.
- The highest penalty for this crime is from 5 to 10 years' imprisonment.
In addition, the offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.
Nguyễn Thị Hồng Nhung