Illegal fishing in Georgia is a serious environmental crime that not only threatens the country's water resources and biodiversity but also leads to strict legal liability. Georgia's rivers, lakes, and Black Sea coastline are rich in various fish species, the protection of which is a state interest. Illegal fishing involves catching fish using prohibited means, during prohibited times, in prohibited locations, or without a proper permit. This act can be classified as either an administrative offense or a criminal crime, depending on the amount of damage and the methods used. Citizens often do not realize that seemingly harmless fishing, if conducted in violation of the law, can become grounds for heavy fines and even imprisonment. Within the scope of this service, legal assistance is needed by individuals accused of violating fishing rules, as well as businesses involved in fish farming and sales, to avoid conflict with the law.
What the Illegal Fishing Service Covers
Legal services related to illegal fishing are multifaceted and include defense during criminal prosecution as well as preventive consultations. Qualified lawyers help you with the following issues:
- Defense in Criminal Cases: If a person is accused of a crime under Article 300 of the Criminal Code of Georgia (Illegal Fishing), which implies the use of means of mass destruction of fish (electric current, explosives) or causing significant damage.
- Administrative Proceedings: Appealing fines issued by the Department of Environmental Supervision when the violation does not contain signs of a criminal act (for example, fishing with a rod during a prohibited period).
- Return of Confiscated Property: During illegal fishing operations, boats, nets, expensive equipment, and vehicles are often confiscated. Lawyers work on returning this property to the lawful owner.
- Disputing Damage Calculation: The amount of damage caused to the environment directly affects the severity of the punishment. Specialists check the methodology of damage calculation and, if necessary, appoint alternative expertise.
- Licensing and Permit Consultation: Providing consultations to persons interested in commercial fishing on obtaining necessary licenses and conducting legal activities.
Common Real-World Scenarios
In practice, we often encounter situations where citizens need legal assistance due to accusations of illegal fishing:
- Electrofishing: A group of people uses homemade electrical devices on a river. This action is considered a method of mass destruction of fish and leads to criminal liability. In this case, the lawyer tries to reach a plea agreement or mitigate the charges.
- Fishing During Spawning Season: A fisherman caught fish during the seasonal ban period. Even if a regular fishing rod was used, if the damage is significant, serious liability may arise.
- Catching Red List Species: A fisherman caught a fish listed in the "Red List" of Georgia (e.g., Sturgeon). Such an action automatically leads to a high fine and criminal prosecution, regardless of the quantity of fish.
- Use of Poaching Nets: A person was found with prohibited types of nets in a boat or car near a reservoir. Law enforcement officers assess this as an attempt to fish illegally.
Georgian Legislation and Regulations
The field of illegal fishing is regulated by several key legislative acts. First and foremost, the Criminal Code of Georgia (Article 300) establishes liability for illegal fishing committed with electric current, explosives, or poisonous substances, or which caused significant damage. Additionally, the Administrative Offences Code of Georgia applies, defining fines for less severe violations of fishing rules. Also important is the Law on Animal World, which sets general principles and prohibitions for fishing. Specific fishing terms, prohibited places, and methods are regulated by relevant government decrees and orders of the Minister of Environmental Protection and Agriculture regarding the approval of fishing rules.
Process: What to Expect
Working with a specialist begins with a detailed study of the case materials. If the case involves a criminal offense, the lawyer immediately gets involved at the investigation stage, attends interrogations, and checks the legality of evidence (e.g., protocols of seized fish and equipment). Often, environmental inspectors draw up protocols with procedural violations, allowing the lawyer to request their annulment. In the case of an administrative dispute, the lawyer prepares a complaint to be presented in court to reduce the fine or annul it. Also, an important stage is the issue of compensation for damages — the lawyer works to ensure that the amount claimed by the state is realistic and not artificially inflated.
Why Legal.ge?
Legal.ge is a platform that connects you with environmental law and criminal law specialists in Georgia. Lawyers in our database possess specific experience in cases of illegal fishing and poaching. They are well-acquainted with the specifics of the Department of Environmental Supervision's work and court practice. Find a competent defender on Legal.ge to protect your rights and avoid unjustifiably harsh punishment.
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