What are the penalties for fishing with electric impulses, electric currents in Vietnam?

1. It is strictly forbidden to fish with electric impulses, electric currents in Vietnam

Specifically, according to Clause 7, Article 7 of the Law on Fishery 2017, it is strictly forbidden to use banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources.

What are the penalties for fishing with electric impulses, electric currents in Vietnam? (Internet image)

2. What are the penalties for fishing with electric impulses, electric currents in Vietnam? 

2.1. Administrative penalties for violations of use of electricity in commercial fishing in Vietnam

According to Article 28 of Decree 42/2019/ND-CP, the penalties for administrative violations of use of electricity in commercial fishing are as follows:

- 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.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for storage, transport or trading in electrofishing equipment.

- 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 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;

+ 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;

+ 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.

- 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.

* Additional penalties:

- 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 Article 28 of Decree 42/2019/ND-CP;

- 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 Article 28 of Decree 42/2019/ND-CP.

2.2. Prosecuting criminal liability for violations of use of electricity in commercial fishing in Vietnam

Persons who commit violations of use of electricity in commercial fishing in serious cases may be examined for criminal liability according to the provisions of Article 242 of the Penal Code 2015 (amended in 2017), 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 hereof;

+ 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 imprisonment from 5 to 10 years.

In addition, the offenders may also be subject to a fine of between VND 20,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.

3. Is it illegal to use electric impulses and currents to fish in ponds at home?

According to the provisions of Clauses 2 and 18, Article 3 of the Law on Fishery 2017,commercial fishing means catching or fishing logistics for catching aquatic resources that live in natural water and have economic, scientific, tourism and entertainment value.

According to the above concept, fishing in backyard ponds is not considered fishing in natural waters (with economic, scientific, tourist, and recreational value).

Thus, according to regulations, fishing with electricity at home ponds will not be considered illegal and will not be sanctioned.

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