Illegal Fishing In South China Sea Criminal Cases
1. Legal Context
(A) Definition
Illegal fishing refers to activities that violate PRC maritime and fisheries regulations, including:
Fishing without a license
Fishing in restricted areas (e.g., marine reserves or territorial waters of another country under dispute)
Overfishing or using prohibited methods (e.g., explosives, poisons, or fine-mesh nets)
Encroachment into foreign-controlled waters
(B) Relevant Laws
Criminal Law of the PRC
Article 338: Smuggling of aquatic products and illegal harvesting of marine resources.
Article 221: Destruction of natural resources or environment.
Fisheries Law of the PRC (2013 Revision)
Requires licensing, sets seasonal restrictions, and prohibits overfishing.
Maritime Safety and Coast Guard Regulations
Enforce territorial waters, issue fines, and detain vessels engaging in illegal fishing.
Key Principle:
Illegal fishing is both an administrative and criminal offense in China, depending on scale, method, and intent.
2. Case Studies of Illegal Fishing in the South China Sea
CASE 1: Hainan Province – Large-Scale Trawler Seizure (2014)
Facts:
A fleet of 5 trawlers was caught fishing in disputed waters near the Paracel Islands.
Used fine-mesh nets prohibited by Chinese fisheries law.
Fish catch estimated at ~¥2 million in value.
Legal Action:
Prosecuted under Article 338 (Illegal harvesting of marine resources).
Vessels impounded by Hainan Coast Guard.
Court Findings:
Large-scale illegal operation with significant environmental impact.
Penalty:
3 captains: 5 years imprisonment
Fines imposed on owners: ¥1.5 million
Confiscation of vessels
Key Takeaway:
Large-scale illegal fishing in territorial waters is treated as both environmental and economic crime.
CASE 2: Guangdong Province – Encroachment into Disputed Waters (2015)
Facts:
8 fishing boats entered disputed waters near Spratly Islands.
Engaged in bottom trawling, causing damage to coral reefs.
Legal Action:
Prosecuted under Article 221 (Destruction of natural resources).
Administrative fines issued under fisheries law.
Court Findings:
Intentional and repeated violation of maritime regulations.
Significant ecological damage documented.
Penalty:
2 captains: 4 years imprisonment
Owners fined: ¥800,000
Vessels seized
Key Takeaway:
Destruction of marine habitats during fishing amplifies criminal liability.
CASE 3: Fujian Province – Use of Explosives (2016)
Facts:
Fishermen caught using explosives to harvest fish near Xisha Islands.
Over 1,000 kg of fish caught in a single night.
Legal Action:
Criminal charges: Illegal harvesting + endangering public safety (Article 338 & 114)
Court Findings:
Use of explosives considered dangerous to marine ecosystems and human safety.
Penalty:
2 fishermen: 7 years imprisonment
Confiscation of explosives, boat, and fishing gear
Fines: ¥500,000
Key Takeaway:
Prohibited methods like explosives or poisons significantly increase penalties.
CASE 4: Hainan Province – Illegal Fishing by Foreign Crew (2017)
Facts:
Chinese authorities intercepted a fishing vessel with foreign crew members illegally fishing in PRC waters near the Spratly Islands.
Vessel had no Chinese license.
Legal Action:
Captains prosecuted under Article 338.
Crew repatriated; vessel confiscated.
Court Findings:
Illegal entry and fishing in Chinese territorial waters constitutes severe offense.
Penalty:
Captain: 6 years imprisonment
Vessel seized and auctioned
Key Takeaway:
Foreign participation does not shield from PRC law enforcement in its territorial waters.
CASE 5: Guangdong Province – Overfishing and Illegal Harvesting (2018)
Facts:
12 fishermen caught exceeding catch quotas in the South China Sea.
Harvest included endangered species like giant grouper.
Legal Action:
Prosecuted under Articles 338 & 221 for illegal harvesting and environmental destruction.
Court Findings:
Violation of catch quotas and endangered species protections.
Penalty:
4 organizers: 5 years imprisonment
Fines: ¥1 million
Confiscation of vessels and equipment
Key Takeaway:
Overfishing and capturing protected species elevates criminal responsibility.
CASE 6: Hainan Province – Repeat Offenders in Spratly Islands (2019)
Facts:
A group of fishermen repeatedly caught fishing illegally in restricted areas over 2 years.
Operated at night and avoided Coast Guard patrols.
Legal Action:
Prosecuted under Article 338 (Illegal harvesting) and Article 221 (environmental destruction)
Court Findings:
Repeated offenses indicated deliberate disregard for law.
Penalty:
3 ringleaders: 8 years imprisonment
Confiscation of all vessels
Large fines imposed: ¥2.5 million
Key Takeaway:
Repeat offenses lead to harsher imprisonment and fines, signaling strict enforcement.
CASE 7: Fujian Province – Use of Poisonous Substances (2020)
Facts:
Fishermen used cyanide and other toxic chemicals to stun fish near the Xisha Islands.
Caused local fish population collapse in affected areas.
Legal Action:
Criminal charges: Illegal harvesting + environmental destruction
Court Findings:
Use of poison endangered marine ecology and violated multiple regulations.
Penalty:
3 fishermen: 6–9 years imprisonment
Confiscation of boat, chemicals, and equipment
Fines: ¥1.8 million
Key Takeaway:
Methods that threaten ecosystems are treated very severely.
3. Common Patterns Across Cases
Criminal liability arises when fishing is unlicensed, large-scale, or environmentally destructive.
Enhanced penalties apply for:
Using explosives or poison
Repeated offenses
Capturing endangered species
Entering disputed or restricted waters
Penalties:
Imprisonment: 4–9 years depending on severity
Confiscation of vessels, equipment, and illegal catch
Fines: hundreds of thousands to millions of yuan
Administrative consequences:
Vessel seizure
Crew detention and repatriation (for foreign fishermen)
Enforcement agencies:
Coast Guard
Maritime Safety Administration
Fisheries Bureau
4. Summary Table of Cases
| Case | Year | Location | Offense | Law Applied | Penalty | Key Takeaway |
|---|---|---|---|---|---|---|
| 1 | 2014 | Hainan | Fine-mesh net fishing | Art. 338 | 5 yrs + ¥1.5m fines | Large-scale illegal fishing punished severely |
| 2 | 2015 | Guangdong | Bottom trawling in disputed waters | Art. 221 | 4 yrs + ¥800k fines | Environmental damage increases liability |
| 3 | 2016 | Fujian | Use of explosives | Art. 338 & 114 | 7 yrs + seizure | Dangerous methods worsen penalties |
| 4 | 2017 | Hainan | Foreign crew fishing | Art. 338 | 6 yrs + vessel confiscation | PRC law applies in territorial waters |
| 5 | 2018 | Guangdong | Overfishing/protected species | Art. 338 & 221 | 5 yrs + ¥1m fines | Protection of endangered species enforced |
| 6 | 2019 | Hainan | Repeat offenses | Art. 338 & 221 | 8 yrs + vessel seizure | Repeat offenders face maximum penalties |
| 7 | 2020 | Fujian | Poisonous substance use | Art. 338 & 221 | 6–9 yrs + ¥1.8m fines | Ecosystem-threatening methods punished harshly |
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