The Florida Keys are well known for their fishing opportunities, with residents and visitors alike able to enjoy offshore and deep-sea fishing, as well as fishing in the flats or backcountry. However, with opportunity comes regulation, and fishing is governed by Florida’s Fish and Wildlife Commission (FWC).
FWC violations are stackable, meaning the penalties can be more severe if you have past convictions within a certain period of time. If you have been charged with a marine violation, it is important to speak with a skilled Key West fishing violations lawyer who could help you understand your legal options and protect your rights.
There are four levels of FWC violations, with level one being the least severe. Some level one fishing violations may include fishing without a permit, exceeding the daily bag limit, or speeding in fishing management areas. Level one violations for first-time offenders typically carry a fine of $50. However, this fine may increase to up to $250 with additional court fees if it is your second or subsequent offense within 36 months.
For first-time offenders, a level two violation can result in a fine of up to $500 as well as up to 60 days in jail. Similar to level one, level two consequences become more severe depending on subsequent violations. Examples of level two fishing violations include:
Level three violations include illegally selling or possessing exotic fish and exceeding daily bag limits on certain types of finfish. The penalties for level three violations include a fine of up to $1,000 and up to a year in jail. These consequences can increase with additional violations, with the look-back window for previous level three fishing violations being 10 years.
Finally, level four violations are considered felonies and may include activities such as using counterfeit fishing licenses, illegally harvesting stone or blue crabs, or wrongfully possessing or selling spiny lobster trap tags or certificates. Level four violations can result in a $5,000 fine and up to five years in prison.
During an initial consultation, your Key West attorney could help determine what penalties you may face as a result of your fishing violation. If you have been convicted of a marine violation in the past, it is essential to obtain legal counsel as soon as possible to craft a strong defense strategy and protect your freedoms.
Being convicted of a fishing violation can impact your finances, freedom, and social and professional reputation. If you’ve been accused of violating FWC regulations, an experienced legal team could help you determine the best way to move forward. Your attorney could develop creative solutions based on the specific facts of your case, looking to reduce your penalties wherever possible. A fishing violations attorney could also protect your rights during the Key West investigation and court process.
Because fishing violations are stackable, simply paying the fine and moving on isn’t always the best way to handle a charge. A Key West fishing violations lawyer from Keys Criminal Defense, PLLC could help you build a strong defense and ensure you remain informed throughout the legal process. Let us help you explore your options. Contact us today to schedule a consultation with our team.
