Florida’s lobster season is one of the most anticipated times of the year, especially in the Florida Keys. Thousands of recreational and commercial fishers take to the water hoping for a successful harvest. Unfortunately, many people find themselves facing criminal charges due to Florida lobster fishing violations—often without realizing they broke the law.
At Key West Criminal Defense, we regularly defend individuals charged with marine and wildlife offenses, including lobster-related violations. Understanding the most common charges and how to defend against them can make a critical difference in protecting your freedom, your record, and your livelihood.
Common Florida Lobster Fishing Violations
Florida enforces strict rules to protect lobster populations and marine ecosystems. Violations can result in hefty fines, confiscation of gear or vessels, and even jail time in serious cases.
1. Fishing Lobster Out of Season
Florida’s lobster season is limited to specific dates, with a short “mini season” and a longer regular season. Harvesting lobster outside of these dates is a common violation that can lead to criminal charges, especially if multiple lobsters are involved.
2. Exceeding Bag Limits
Both recreational and commercial fishers must follow daily and possession limits. Taking more than the allowed number of lobsters—even unintentionally—can result in citations or criminal prosecution.
3. Possessing Undersized Lobsters
Florida law requires lobsters to meet minimum size requirements. Possessing undersized lobsters, even if they were caught accidentally, is one of the most frequently charged Florida lobster fishing violations.
4. Illegal Harvesting Methods
Using prohibited equipment such as spears, hooks, or traps in unauthorized areas can lead to serious charges. Diving without proper safety equipment or violating boating regulations can also escalate the offense.
5. Egg-Bearing Lobsters
It is illegal to harvest lobsters carrying eggs. Possession of egg-bearing lobsters is treated seriously by Florida Fish and Wildlife Conservation Commission (FWC) officers.
6. License and Permit Violations
Fishing without the required licenses or permits—or using another person’s license—can result in fines and criminal penalties, particularly for repeat offenders.
Penalties for Florida Lobster Fishing Violations
Penalties depend on the severity of the offense and whether it is a repeat violation. Consequences may include:
- Criminal charges (misdemeanor or felony)
- Fines and court costs
- Confiscation of lobsters, gear, or boats
- Suspension or revocation of fishing licenses
- Possible jail time for serious or repeated violations
These cases are often more complex than they appear and may overlap with other criminal matters such as driving offenses, DUIs, drug offenses, battery, or felony charges. You can learn more about the full scope of our defense services on our Practice Areas page.
How to Defend Against Florida Lobster Fishing Violations
Being charged does not automatically mean you will be convicted. An experienced defense attorney can evaluate the facts and identify strong legal defenses.
1. Challenging the Stop or Search
FWC officers must follow proper legal procedures. If your boat or person was searched unlawfully, evidence may be suppressed.
2. Questioning Evidence Collection
Improper measurements, mishandling of evidence, or inaccurate counting of lobsters can weaken the prosecution’s case.
3. Lack of Intent or Knowledge
Many violations occur due to misunderstandings of regulations. Demonstrating lack of intent can significantly reduce penalties or lead to dismissal.
4. Administrative and Licensing Errors
Mistakes involving permits, documentation, or seasonal dates may be defensible depending on the circumstances.
5. Negotiating Reduced Charges
In some cases, an attorney can negotiate for reduced penalties, civil fines, or diversion programs instead of criminal convictions.
Why Choose Key West Criminal Defense
Marine and wildlife cases require an attorney who understands Florida law, local enforcement practices, and the serious consequences these charges carry. At Key West Criminal Defense, we have experience handling marine life violations, including lobster fishing offenses, and we aggressively protect our clients’ rights.
Learn more about our focused defense strategies for these cases on our Marine Life Violations page.
Get Legal Help Immediately
If you are facing Florida lobster fishing violations, time matters. Early legal representation can make a significant difference in the outcome of your case.Contact Key West Criminal Defense today to schedule a confidential consultation and discuss your defense options:
