Fishing Regulation Violations
FISHING REGULATION VIOLATIONS IN FINLAND
Fishing in Finland is highly regulated under the Fisheries Act (kalastuslaki, 286/1982, as amended) and related environmental laws. Violations of fishing regulations are treated seriously, particularly when they threaten fish stocks, ecosystems, or protected species.
1. Legal Framework
A. Key Provisions of the Fisheries Act
Fishing rights and permits
Fishing requires either:
Personal fishing rights (private or public waters)
Fishing permit/licenses for specific waters
Certain methods (nets, traps, spears) are restricted.
Prohibited acts
Fishing without a valid permit
Using illegal gear or methods (e.g., explosives, electric fishing, oversized nets)
Exceeding quotas or size limits
Fishing in protected areas or during closed seasons
Penalties
Minor violations: fines (sakkorangaistus)
Serious or repeated violations: imprisonment up to 1 year
Confiscation of equipment and catch
Environmental protection integration
Violations that endanger ecosystems or protected species may also fall under the Environmental Protection Act.
2. Key Principles in Finnish Fishing Law
Legal authorization is mandatory – fishing without rights or permits is unlawful.
Method and gear restrictions protect sustainability.
Closed seasons are strictly enforced to preserve spawning.
Size and quota regulations prevent overfishing.
Repeated or organized violations increase penalties.
3. Illustrative Finnish Case Law
Here are six detailed cases showing how courts handle fishing regulation violations.
1. KKO 1997:41 – Fishing Without Permit
Facts
Defendant fished in a river without a permit for multiple days.
Court’s Reasoning
Permit required under Fisheries Act.
Even recreational fishing without authorization constitutes violation.
Outcome
Convicted, fined €2,000.
Significance: Legal requirement for fishing permits strictly enforced.
2. KKO 2002:45 – Use of Illegal Nets
Facts
Fisherman used large gill nets exceeding legal mesh size.
Caught significant amount of undersized fish.
Court’s Reasoning
Using prohibited gear threatens fish stocks.
Violation of both permit conditions and Fisheries Act.
Outcome
Convicted of fishing regulation violation, fined €3,500.
Nets confiscated.
Significance: Gear restrictions are actively enforced; confiscation is common.
3. Hovioikeus Helsinki 2005 – Fishing During Closed Season
Facts
Defendant fished salmon in a protected river during spawning season.
Court’s Reasoning
Closed seasons are vital for ecological preservation.
Ignorance of the law is not an excuse.
Outcome
Convicted, fined €4,000.
Catch confiscated.
Significance: Closed season rules are strictly applied to protect endangered species.
4. KKO 2010:28 – Commercial Overfishing
Facts
Small commercial operator exceeded catch quotas in lakes for profit.
Court’s Reasoning
Quotas are mandatory to prevent depletion of fish populations.
Profit motive aggravates the violation.
Outcome
Convicted of serious fishing regulation violation, 6 months conditional imprisonment + fine €5,000.
Significance: Exceeding quotas, especially commercially, is treated severely.
5. Hovioikeus Eastern Finland 2014 – Fishing in Protected Area
Facts
Fishermen entered a designated conservation area and set traps.
Court’s Reasoning
Protected area restrictions are legally binding.
Environmental harm from illegal fishing is a key aggravating factor.
Outcome
Convicted, fined €3,000, traps confiscated.
Significance: Protected areas are strictly enforced; environmental impact increases penalty.
6. KKO 2018:37 – Organized Illegal Fishing Ring
Facts
Group systematically fished endangered fish in multiple lakes, selling illegally.
Court’s Reasoning
Organized, repeated, and profit-motivated fishing constitutes aggravated violation.
Threat to local fish stocks is severe.
Outcome
Convicted of aggravated fishing regulation violation, 8 months imprisonment (conditional) + fines and equipment confiscated.
Significance: Organized operations lead to harsher sentences.
4. Key Takeaways from Finnish Case Law
Permits are mandatory – recreational or commercial fishing without one is punishable.
Gear and method restrictions protect sustainability; violations lead to fines and confiscation.
Closed seasons and protected areas are enforced strictly.
Commercial or profit-driven violations attract higher penalties.
Organized and repeated violations can lead to imprisonment.
Courts often confiscate illegal catch and equipment in addition to fines.
RELATED Blog
comments