Client Charged for Illegal Possession of 5 Undersized Fish


The Charges

Fish and Wildlife officers stopped the defendant fishing on a pier. Officers found the defendant to be in illegal possession of five undersized yellowtail snappers. The officers charged the defendant with five counts of undersized fishing violations.

Fish and Wildlife Classes in Florida

In Florida, a fish and wildlife class will be approved by the Florida Fish and Wildlife Conservation Commission. These courses were designed to keep all fishing and hunting individuals safe by following all rules, making them responsible, knowledgeable, and involved. Those taking the course can become further involved by joining fishing and wildlife conservations or groups. 

The Florida Fish and Wildlife Conservation Commission has a mission to protect Florida’s natural resources, including wildlife that is endangered. They want to be recognized as leading law enforcement that has clear missions, strong leadership, and professional officer corps. Their motto is to Patrol, Protect, and Preserve. They have a goal to have all fishermen licensed. The commission investigates fishing and wildlife crimes and participates in outreach and educational programs for both children and adults. They are also responsible for enforcing boating rules and regulations as well as conduct boating accident investigations. Their officers are trained to do search and rescue missions, and will also respond to manmade and natural disasters. They have been trained to operate by land, water, and air. They protect state land and water quality as well and have investigated environmental crimes. 

Fishing Violations in Florida

Those violating fishing rules and regulations in Florida will be charged. There is a 10 day limit on yellowtail snappers, and they must all be at least 12 inches in total length. 

Penalties for fishing violations will depend on what level of violation was. These levels are from one to four. Illegal possession of undersized yellow-tail snappers would constitute as a level two. This is considered a second-degree misdemeanor as long as the offender has not committed a level 2 or higher violation in the past three years. Penalties for this kind of violation would include up to $500 in fines and up to 60 days in jail. The penalty will be increased if the violator committed a violation of level 2 or higher within the past three years. 

Obtaining Musca Law for Legal Representation

If you have been charged with fishing violations in Florida, your best interest is to contact a skilled attorney that can fight for your rights. At Musca Law we can do just that. We have over 150 years of experience between our staff of attorneys. We will work hard to find the best defense for you and will do all we can to lower your charges or have them completely dropped. Call us today for a free initial consultation. 

RESULT: The defense negotiated the details of the case with the State. The attorney arranged for the client to attend a Fish and Wildlife class to educate him on the regulations of fishing in lieu of a formal criminal conviction.