Key Largo Fishing Violations Attorney

Dedicated Fishing Violation Lawyers Defending Clients in Key Largo, FL

Fishing is one of the central parts of life in the Florida Keys. However, the waters surrounding the Keys are highly regulated, and state officials take steps to protect wildlife conservation. People who are accused of violating these regulations may face citations from the Florida Fish and Wildlife Conservation Commission (FWC), and in some cases, criminal charges may apply. When responding to these charges, anglers or others will need to determine what steps they can take to protect their fishing licenses while avoiding long-term penalties.

At Keys Criminal Defense, PLLC, we represent anglers, boat captains, and commercial fishermen who are facing FWC violations. We work to protect our clients against penalties that could affect their careers or other parts of their lives. With our help, clients can maintain their ability to keep fishing while minimizing penalties like fines and jail time.

How the FWC Regulates Fishing in the Florida Keys

The Florida Fish and Wildlife Conservation Commission is responsible for enforcing the state's fishing regulations. These regulations address size limits, bag limits, seasonal closures, gear restrictions, and protected areas throughout the Florida Keys. Because of the unique ecosystem in this region, some additional fishing regulations may apply that go beyond the standard rules used in the rest of the state.

Special protections apply in the Florida Keys National Marine Sanctuary, which contains numerous no-take zones and sanctuary preservation areas where fishing or spearfishing is prohibited entirely. There are also regulations addressing catching spiny lobsters and stone crabs, which play an important role in both commercial and recreational fishing activity in the area. FWC officers may conduct inspections on vessels to check their catches against the applicable limits.

The Levels of Fishing Violations Under Florida Law

FWC violations are grouped into four distinct levels, and the penalties people may face can increase significantly from one level to the next.

• Level One Violations: The least serious category of violations is similar to minor traffic infractions. People charged with these violations will face fines rather than criminal charges. Common examples include fishing without a valid license or exceeding the daily bag limit. A first-time violation will typically result in a $50 fine, and a second violation within 36 months can lead to a fine of $250.
• Level Two Violations: More serious violations can result in criminal penalties. They may include catching fish out of season, exceeding size limits, or unlawful use of traps for stone crabs or spiny lobsters. A first offense will typically be charged as a second-degree misdemeanor. A second offense within three years can lead to first-degree misdemeanor charges. Subsequent offenses will also be classified as first-degree misdemeanors with higher minimum fines, as well as the suspension of a recreational fishing license.
• Level Three Violations: These violations may involve illegally selling saltwater fish, possessing exotic fish without authorization, possessing certain types of finfish beyond recreational bag limits, or fishing after a license has been suspended or revoked. A first-time violation is generally charged as a first-degree misdemeanor. Any additional violations within 10 years carry a mandatory minimum fine of $750 and a fishing license or permit suspension lasting up to three years.
• Level Four Violations: The most serious category of violations can lead to felony criminal charges. These violations include criminal activities related to taking stone crabs or blue crabs, damaging or interfering with spiny lobster traps, counterfeiting recreational fishing licenses or lobster trap certificates or tags, or unlawfully killing endangered species. These offenses are classified as third-degree felonies. Because commercial lobster and crab fishing is so common in the Florida Keys, trap-related felony charges can be a serious concern for both commercial and recreational fishermen.

How FWC Violations Can Affect a Fishing License

While fishing violations can lead to fines and potential jail time, courts also have the authority to suspend or revoke fishing licenses or permits for people who have been found guilty of certain violations. For commercial fishermen, the loss of a fishing license can threaten their ability to earn a living. Multiple violations that have been charged within specific time periods can lead to longer periods of license suspension. A series of minor citations could add up to a long-term loss of a person's fishing privileges. For this reason, defending against FWC violations can be crucial.

How Our Attorneys Can Help Clients Defend Against FWC Violations

At Keys Criminal Defense, PLLC, we will review the specific citation or charge a client is facing. We will determine which level of violation applies and what consequences a person may face. By examining the facts surrounding an alleged violation, we can determine whether the correct level of violation has been charged. We may argue to have a violation reduced to a lower level in order to minimize the consequences that could affect a person's fishing license while also reducing fines and avoiding potential jail time.

Our attorneys will look at whether an FWC officer's inspection was conducted correctly and whether the measurements or counts used to establish a size or bag limit violation were accurate. In cases involving an alleged felony violation, such as trap-related charges or claims that a person has harmed an endangered species, we will conduct a thorough review of the evidence and take steps to demonstrate that our client did not commit the offense in question.

We will work to negotiate favorable resolutions when necessary, which may include advocating for a reduction in charges or a result that will help a client avoid a license suspension. We will prepare to contest a citation in court when a fair outcome cannot be reached through negotiation. Throughout the process, our goal is to help our client avoid a criminal conviction, protect their ability to continue fishing, and limit the long-term impact that these charges can have on their livelihood and their life as a whole.

Contact Our Key Largo, FL Fishing Violations Lawyers

Violations related to fishing or trapping crabs and lobsters can range from simple fines to felony charges. Understanding the specific consequences that may apply in a case and the best options for defense can help ensure that a person will be able to protect their license and avoid criminal penalties. The lawyers at Keys Criminal Defense, PLLC understand how these issues are addressed in local courts, and we can take steps to protect our clients' rights. Contact our Key Largo, Florida FWC violation defense attorneys at 305-324-7888 to set up a free consultation.