Table Of Contents
- What are Commercial Fishing Violation Laws?
- 5 Things to Look for in a Commercial Fishing Accident Lawyer
- 1. High level of understanding of the Fisherman’s Rights and Maritime Laws.
- 2. Experience With Government Agencies
- 3. Proven Track Record of Representing Fishermen and Comp
- 4. Knowledge of the Commercial Fishing Industry
- 5. Clear Communication and Accessibility
- What Questions to Ask a Commercial Fishing Accident Lawyer?
- How will you Handle the Case?
- How do you Keep Yourself Notified on Commercial Fishing Rights?
- Your Exclusive Rights To Commercial Fishing
Top Things to Look for in a Commercial Fishing Violations Lawyer
Commercial fishing is a very strictly regulated profession, which is guided by an intricate network of state, national, and international statutes.
From licensing and limits on catch to regulating protected species and environmental compliance, the order is vast, and breaking any laws can mean high penalties, the suspension of a license, or even criminal exposure.
When charged with allegations or facing charges for violations of commercial fishing, you will need to hire a commercial fishing accident lawyer. This is vital.
But what is it that you should consider so that you can hire the best attorney, like Sando Law, for the job? Below are the top things to consider when seeking a commercial fishing violations lawyer.
What are Commercial Fishing Violation Laws?
There are commercial fishing regulations in place to help preserve the fish population and ensure a sustainable fishing practice.
Fishermen violating these laws have to face legal actions resulting in penalties, fines, and even imprisonment.
These violations typically include using prohibited gear for fishing, catching undersized or protected fish, or fishing during the closed seasons. Fines and violations of laws can also happen when the fishermen fish in areas that are prohibited for them, or when they exceed limits.
5 Things to Look for in a Commercial Fishing Accident Lawyer
The right commercial fishing accident lawyer is the legal representative who has a high level of understanding of the fishing industry and your rights as a fisherman. Here are five things to know if you’re hiring a fishing accident lawyer.
1. High level of understanding of the Fisherman’s Rights and Maritime Laws.
The lawyer you are going to hire should have particular experience in fisheries law and maritime regulations, not any random criminal or environmental law. Look for someone who understands:
- NOAA and NMFS enforcement procedures
- Magnuson-Stevens Fishery Conservation and Management Act
- State-specific regulations
- International fishing agreements
- Vessel monitoring systems (VMS)
- Bycatch and quota violations
Such a legal environment is peculiar, and only an experienced commercial fishing accident lawyer can help you successfully get through it, as only he is aware of how to walk along this legal path.
2. Experience With Government Agencies
Many of these fishery violation cases include acts of enforcement agencies such as the National Oceanic and Atmospheric Administration (NOAA), the U.S. Coast Guard, or the local fish and game departments. Find a lawyer who has previously represented people before such agencies, who understands their procedures and processes, and who will know how to contest or negotiate their findings.
A good commercial fishing accident lawyer will also understand administrative hearings and appeals, which are, in most cases, necessary before something proceeds to court.
3. Proven Track Record of Representing Fishermen and Comp
Inquire about the previous cases that the attorney handled as well as his or her success rate in pursuing similar violations. Have they managed to exonerate clients with such cases as overfishing brought on by them? Helped clients avoid license revocation? Negotiated reduced penalties?
References or case studies from other clients in the same industry of fishing can assure you of the attorney’s knowledge to deliver positive results.
4. Knowledge of the Commercial Fishing Industry
A lawyer who knows how the fishing industry works by knowing how quotas, seasons, crew logistics, and vessel operation affect the industry is better able to create a more compelling and realistic defense. They’ll do a better job of conveying your situation to the regulators or judge, and how an alleged violation could have occurred accidentally or under compromising circumstances.
5. Clear Communication and Accessibility
The legal matters on fishing violations tend to be quite fast-moving. Whether it is an inspection, vessel seizure, or notice of violation, you need a lawyer who will respond and be available when you call him/her.
During your initial consultation, ask:
- How would you like to communicate?
- How long does it usually take you to respond to a query?
- Am I going to work with you or with your team?
Select someone who informs you, speaks about complex regulations in a simple language, and who explains at once what is going on in your case.
What Questions to Ask a Commercial Fishing Accident Lawyer?
The attorney you choose holds multiple responsibilities, from helping you understand the legal complexity to helping you settle the case. So, it’s very important to understand their process and their expertise for the right decision.
Of course, you can use the parameters we have discussed earlier. However, after you have researched the right lawyer, ask them the following questions to be extra sure about whether to hire them or not.
How will you Handle the Case?
Yes, you’ll have to provide some details regarding the case for your attorney to understand it and provide you with the right solution. However, it’s also important for you to ask how they’ll solve the case. This involves your lawyer relaying the level of frequent conversation they’ll have with you, and the status of the case they have currently.
How do you Keep Yourself Notified on Commercial Fishing Rights?
It’s important for the attorney to stay up-to-date with the changing landscape of commercial fishing violations.
For example, an attorney based in California typically refers to the website of the Department of Fish and Wildlife. They take note of recent changes in the law to consult their clients accordingly.
It’s also important to check if your fishing violation lawyer is up to date with the state and local laws and how the local culture works.
Navigating the legal landscape requires a close understanding of the local culture and norms. Attorneys who understand the cultural context are also the best choices when it comes to easy and clear communication.
Your Exclusive Rights To Commercial Fishing
Commercial fishing violations may endanger your livelihood, license, and reputation. The right commercial fishing accident lawyer may help you to oppose charges and mitigate the punishment while preventing it from affecting your functioning.
Taking time to hire an attorney who clearly understands the complexities of the fishing law and one who will stand by your side as you go through all the procedures of the legal process will be the best option. Experienced legal representation in the heat of your business on the line is not an option; it is a necessity.
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