Fish and Wildlife Violations

Very few attorneys fully understand or even represent fish and wildlife violations. Fish and wildlife violations require in-depth knowledge of the law within this sector. Therefore, it is highly recommended to seek an expert fish and wildlife violations attorney who specializes in this area of the law. At the Law Office of E. Michael Linscheid, we have the tools and resources to assist clients dealing with fish and wildlife violations. As an experienced fish and wildlife attorney, Attorney Linscheid has successfully handled numerous challenging cases by offering creative and effective solutions.

What Are The Most Common Fish And Wildlife Violation Cases That Your Firm Typically Sees Or Handles?

I represent individuals in various types of fish and wildlife violations in Northern California. There are many fish and wildlife activities throughout Northern California, such as recreational hunting, recreational fishing, waterfowl hunting, and big game hunting, that can result in serious violations. In addition, I represent commercial fishermen on the Pacific coast that harvest Dungeness crab, salmon, squid, and herring and rockfish. I also represent commercial fishermen in the administrative process before the Department of Fish and Game Commission…Read More

Carrying A Gun While Fishing In California

You can have a firearm at your campsite while camping or fishing in California. However, there are many caveats. It is important to remember that in the eyes of the law a campsite is your home, albeit temporary. Like your home you may possess a firearm in your campsite. State and/or local laws may preclude you from possessing a firearm at certain campsites. While you may possess a firearm in a national park, national parks prohibit hunting or target shooting. California state parks preclude possession of a firearm unless in specific designated recreation areas. Possession of firearms in national forest land is regulated by the state and the county in which the forest land is located. Federal law doesn’t apply to all firearms cases, and it doesn’t necessarily apply to the national forest land that you are located in. There are many restrictions on the possession of a firearm, especially a loaded firearm at a campsite. One caveat to that in California is if you have a concealed carry permit, you may possess a firearm…Read More

• Strategies, Recourse, And Next Steps
• Mastering The Fish And Game Commission Hearing
• Breaking Down Administrative Hearings
• Navigating License Revocations
• Fish & Wildlife Violations In California
• Why Don’t You Introduce Yourself By Telling The Readers About Your Experience As A Criminal Defense Attorney Who Is One Of Few Who Practices In Fish & Wildlife Violations In California?
• For Federal Charges, Is It Critical To Have Someone Who Is Familiar With Federal Criminal Cases?
• Are Fishing And Wildlife Violations Criminal Or Civil In Nature Or Could They Be Both?
• What Fines Are Attached To The Conviction?
• As The Lacey Act Does Not Define The Statute Of Limitations, Could That Work In My Defense?
• What Are The Allowances For Search And Seizure For Game Wardens And Conservation Officers And How Could Their Mistakes Made In The Investigation Help My Case?
• Is It True Very Few Attorneys Fully Understand Or Even Represent Individuals Who Are Facing Fish And Wildlife Violations?
• What are the Allowances for Search and Seizure for Game Wardens and Conservation Officers? What do They Need to Lawfully Search an Individual or Their Properties? Do They Always Need a Warrant?

California Department of Fish and Wildlife

The California Department of Fish and Wildlife enforces violations of the California Fish and Game Code. The Fish and Game Code includes violations of laws pertaining to commercial and recreational fishing and hunting. In California, if you take any protected wildlife or any of its parts without a valid license, tag, permit, in excess of the amount permitted by law or fail to comply with any of the many nuances in the law you can be charged with a violation of the Fish and Game Code commonly referred to as poaching, which can result in thousands of dollars in court fines and forfeiture of money or property. The Law Office of E. Michael Linscheid has experience representing commercial fisherman and those involved with the recreational take of fish and wildlife throughout the San Francisco Bay area and northern California.

The laws regarding fishing and hunting within the State of California are extensive and constantly changing. As a result, a person may be accused of a violation without knowledge that their conduct was illegal. The most common violations of the Fish and Game Code are those in which a person fails to properly complete a tag, possession of undersized or oversized fish and wildlife, misidentification of fish and wildlife or taking fish and wildlife out of season. To have the best chance of getting your charges dismissed, you need a defense attorney on your side who is experienced with these nuanced statutes and regulations.

Mr. Linscheid has experience representing those charged with the unlawful take of Dungeness crab, salmon, abalone, rockfish, waterfowl, upland game birds and hunting related firearms violations. Typically violations of the Fish and Game Code are charged as misdemeanors and infractions but in rare cases, specific violations can be charged as a felony. A misdemeanor violation of the Fish and Game Code can result in imprisonment in the county jail for up to one year and the loss of fishing or hunting privileges. The fine and penalties resulting from the illegal take of fish and wildlife range from $250 to $50,000. In many cases the Department of Fish and Wildlife, in addition to court fines and criminal punishment, will seek the forfeiture of the proceeds of the illegal take of fish and wildlife and any personal property utilized to obtain such fish and wildlife.

In 1999, the California Legislature enacted the Marine Life Protection Act (MLPA) effectively closing off vast portions of the California coastline to the taking of fish and wildlife. (Fish and Game Code sections 2850-2863) Mr. Linscheid has effectively represented individuals charged with the unlawful taking of fish and wildlife within areas protected by the MLPA.

As an avid sportsman and former commercial fisherman, Mr. Linscheid has a particular personal experience with the issues concerning commercial fisherman and sportsmen. This personal experience gives him a unique understanding of the relevant laws governing fish and wildlife. Please feel free to contact the Law Office of E. Michael for a personalized and confidential consultation.