Unlawful fishing — what Article 300 provides
Article 300 of the Criminal Code of Georgia regulates liability for the unlawful obtaining of fish or other living organisms of the water. This norm belongs to the group of environmental crimes and protects aquatic bioresources. Its compositions differ both by the method of obtaining and by the object — the species included in the Red Book of Georgia are protected especially.
The first part of the law concerns a person who has already been subjected to an administrative penalty for an administrative offence and who unlawfully takes fish or other living organisms of the water from a water transport vessel of a defined capacity and length, or takes a species included in the Red Book. The text of the law precisely defines the parameters of these vessels: with a total capacity of one hundred tons or less than one hundred tons and a length of eight metres or more than eight metres, or with a total capacity of more than one hundred tons.
The punishment under all four parts
An act provided for by the first part is punishable by community service for a term of one hundred and twenty to two hundred hours or by imprisonment for a term of up to one year. The second part — the unlawful obtaining of a species included in the Red Book that has caused significant damage — is punishable by community service for one hundred and sixty to two hundred and fifty hours or by imprisonment for up to two years.
The third part concerns unlawful fishing from vessels of the indicated parameters, committed at a prohibited time or in a prohibited place, or during a state of environmental emergency or in an ecological disaster zone, or on protected territories — a state reserve, the strict protection zone of a national park, a natural monument, the core zone of a biosphere reserve or a world heritage site: this is punishable by community service for two hundred and forty to three hundred and twenty hours or by imprisonment for up to three years. The fourth part — unlawful fishing with electric current, electric fishing gear, another prohibited instrument, explosive or poisonous substances, or another means of mass destruction — is punishable by community service for three hundred and twenty to four hundred hours or by imprisonment for two to four years.
Directions of the defence
In such cases a lawyer verifies every condition of the lawfulness of the obtaining: whether an appropriate permit existed and its limits; the parameters of the vessel and its classification; the time and territorial restrictions; the identification of the species; and the calculation of the damage. Especially disputed are the identification of a Red Book species and the person's awareness of that circumstance. The rules of procedure and the time limits are established by other acts of procedural legislation.
Our team offers consultations on fishing-related cases. Contact us — we will assess your situation.
One of the distinguishing elements of the first part is the subjection of the person to an administrative penalty: the law connects this composition to a person who has already been subjected to an administrative penalty for an administrative offence. Therefore the legality of the previous administrative decision and whether it remains in force are verified separately — if it has been annulled for some defect, this part can no longer be applied.
The establishment of the parameters of the vessel likewise rests on technical documentation: capacity and length are recorded in registration documents, and their change or incorrect indication changes the classification. Our team offers consultations on such cases — contact us.
The identification of Red Book species requires biological expertise, and the conclusion is always verifiable: the manner of taking the sample, its storage and the method of examination. If any stage of that chain is violated, the identification becomes doubtful, which directly concerns cases proceeding under the second part. The methodology of the calculation of the damage is likewise verified: on what values the assessment is built and how well-founded it is. Our team is ready to assist you — contact us for a consultation.
Frequently Asked Questions
Below are the questions most frequently asked about illegal-fishing cases.
What is the penalty under the first part?
Community service from one hundred twenty to two hundred hours, or imprisonment for up to one year.
What distinguishes the fourth part?
The means of acquisition: electric current, electro-fishing gear, other prohibited weapons, explosive or poisonous substances or other means of mass destruction — with community service from three hundred twenty to four hundred hours or imprisonment from two to four years.
What role does administrative liability play?
The composition of the first part attaches to a person already held administratively liable for an administrative offence — the legality and force of the prior decision are examined separately.
What does the defence rely on?
The scope of the permit, the parameters of the vessel, time and territorial restrictions, species identification and the methodology of the damage calculation.
How We Help on Legal.ge
The advocates of Legal.ge analyse fishing cases at every step of the classification — from administrative liability to the damage calculation — and build the position on factual and expert material. Write to us on Legal.ge for a consultation.
A case begins with the technical and biological details described at an early stage — contact us before the conclusions take shape.