PH Cobia ?

[slipknot]

Does anyone know the exact law on PH Cobia in federal waters?
I called the FWC and got two different answers.I think the law changed recently? I'm still gonna feed em' the lead,but would like to know the real deal.
Any of you Lawyers want to get geared up to take my case???

[SpearDiverTampa]

Sorry man but I have no idea about the cobia PH laws. But since were on the lines of Fl laws, does anyone know if it is illegal to do a little target practice out on my friends lake? Thanks-Chris

[fernandezh]

Originally posted by **********Tampa
Sorry man but I have no idea about the cobia PH laws. But since were on the lines of Fl laws, does anyone know if it is illegal to do a little target practice out on my friends lake? Thanks-Chris

Totally illegal to bring a speargun into freshwater in FL.

[inletsurf]

Someone posted something a while back on that "other" forum that cobia spearing became illegal in federal waters for the South Atlantic US. I've looked for that info everywhere and can't find it. So GAME ON!!!!

[SpearDiverTampa]

Well that sucks! Thanks for the info.

[inletsurf]

I managed to find some info. Although it doesn't include "spearfishing" with authorized gear in the cobia section, it doesn't prohibit it either. Looks like a loophole.

click on the "cobia" link...you'll notice other fish like "grouper" have a "authorized gear" document that includes spearfishing tools w/o use of rebreather.

http://www.safmc.net/fishid/fmpro?-db=content&-format=default.html&-view

[greyface]

What the hell is this world comming to?! 1st, no rebreathers while spearing. Now, no spearing in fresh water. Maybe no cobs in fed waters. Manatee zones @ every bridge. Hell in a hand basket, I tell ya! :p Who's ****in' this chicken, anyway?!:p

[Spear One]

It is 100% legal to PH any food fish in federal waters including Cobia. However, it is illegal to PH harvest at all in State waters. If you PH a fish in federal waters you cannot stop and fish at all in State waters. You can travel through state waters, but do not stop! If you get checked at the dock just tell them that you shot the fish in federal waters and did no fishing in state waters.

That no PH Cobia rumor was started a few months ago in the FS mag & forum so I immediatly called Michael Justin over at the NMFS in St. Pete and he confirmed to me that there was no change in the Federal regs concerning Cobia & PH. So blast away in Federal waters.

Be advised, there is a little known factor in this. The Feds established an area in Federal waters called the "stressed area".
This line runs about 35 miles off the west coast of FL. all the way up the coast. You are not allowed to use a powerhead in the stressed area. You would need to contact NMFS to get a map showing the exact inshore location of this line.

The good news is, this stressed area thing is not well known by enforcement groups either. I have never had a Coastie even mention it. I don't think the FL. enforcement agents know much about it either. If you get boarded, you were way offshore, right?

[inletsurf]

Cool deal. Thanks Spear One!

[slipknot]

Thanks Spear One,I especially like the BLAST AWAY part.:D :D :D

[100days-a-year]

Next question ........where are the cobia?Mah freeza is runnin' low suh.All I got is snappa,groupa,lobsta an' stringa fish.

[aue-mike]

Here are some applicable regulations for the Gulf. Take note of the Reef Fish Stressed Area Boundaries (here is a picture of the rough boundaries:
http://www2.mpa.gov/mpa/mpaservices/atlas/gom/nmf_reeffish_dm.jpg), within which it is illegal to powerhead reef fish (with the exception of three species). Gulf Reef Fish include:

Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Dog snapper, Lutjanus jocu
Mahogany snapper, Lutjanus mahogoni
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blackline tilefish, Caulolatilus cyanops
Anchor tilefish, Caulolatilus intermedius
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
Dwarf sand perch, Diplectrum bivittatum
Sand perch, Diplectrum formosum
Rock hind, Epinephelus adscensionis
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa

Sec. 622.34 Gulf EEZ seasonal and/or area closures.

(g) Reef fish stressed area. The stressed area is that part of the
Gulf EEZ shoreward of rhumb lines connecting, in order, the points listed in Table 2, in Appendix B of this part.
(1) A powerhead may not be used in the stressed area to take Gulf reef fish. Possession of a powerhead and a mutilated Gulf reef fish in the stressed area or after having fished in the stressed area constitutes prima facie evidence that such reef fish was taken with a powerhead in the stressed area. The provisions of this paragraph do not apply to the following species: dwarf sand perch, hogfish, and sand perch.

Table 2 of Appendix B to Part 622--Seaward Coordinates of the Stressed Area Point No. and reference location1 North lat. West long.

1 Seaward limit of Florida's waters northeast of Dry Tortugas 2445.5' 8241.5'
2 North of Marquesas Keys 2448.0' 8206.5'
3 Off Cape Sable 2515.0' 8202.0'
4 Off Sanibel Island - Inshore 2626.0' 8229.0'
5 Off Sanibel Island - Offshore 2626.0' 8259.0'
6 West of Egmont Key 2730.0' 8321.5'
7 Off Anclote Keys - Offshore 2810.0' 8345.0'
8 Off Anclote Keys - Inshore 2810.0' 8314.0'
9 Off Deadman Bay 2938.0' 8400.0'
10 Seaward limit of Florida's waters east of Cape St. George
2935.5' 8438.6'
Thence westerly along the seaward limit of Florida's waters to:
11 Seaward limit of Florida's waters south of Cape San Blas 2932.2' 8527.1'
12 Southwest of Cape San Blas 2930.5' 8552.0'
13 Off St. Andrew Bay 2953.0' 8610.0'
14 De Soto Canyon 3006.0' 8655.0'
15 South of Florida/Alabama border 2934.5' 8738.0'
16 Off Mobile Bay 2941.0' 8800.0'
17 South of Alabama/Mississippi border 3001.5' 8823.7'
18 Horn/Chandeleur Islands 3001.5' 8840.5'
19 Chandeleur Islands 2935.5' 8837.0'
20 Seaward limit of Louisiana's waters off North Pass of the Mississippi River 2916.3' 8900.0'
Thence southerly and westerly along the seaward limit of Louisiana's waters to:
21 Seaward limit of Louisiana's waters off Southwest Pass of the Mississippi River 2857.3' 8928.2'
22 Southeast of Grand Isle 2909.0' 8947.0'
23 Quick flashing horn buoy south of Isles Dernieres 2832.5' 9042.0'
24 Southeast of Calcasieu Pass 2910.0' 9237.0'
25 South of Sabine Pass - 10 fathoms 2909.0' 9341.0'
26 South of Sabine Pass - 30 fathoms 2821.5' 9328.0'
27 East of Aransas Pass 2749.0' 9619.5'
28 East of Baffin Bay 2712.0' 9651.0'
29 Northeast of Port Mansfield 2646.5' 9652.0'
30 Northeast of Port Isabel 2621.5' 9635.0'
31 U.S./Mexico EEZ boundary 2600.5' 9636.0'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' waters.

1Nearest identifiable landfall, boundary, navigational aid, or submarine area.


Sec. 622.31 Prohibited gear and methods.

(g) Powerheads. A powerhead may not be used in the Caribbean EEZ to harvest Caribbean reef fish or in the EEZ off South Carolina to harvest South Atlantic snapper-grouper. The possession of a mutilated Caribbean reef fish in or from the Caribbean EEZ, or a mutilated South Atlantic snapper-grouper in or from the EEZ off South Carolina, and a powerhead
is prima facie evidence that such fish was harvested by a powerhead.
(h) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a person using a rebreather may not harvest South Atlantic snapper-grouper with spearfishing gear. The possession of such snapper-grouper while in the water with a rebreather is prima facie evidence that such fish was harvested with spearfishing gear while using a rebreather.

[Grande]

when in doubt about federal laws call the NMFS not FWC. people always fight about this over at FS because they speak to the FWC and the FWC doesnt know shit about federal law. at least thats how they act. I talked to a local marine patrol one time, i forget about what, and he acted like i was getting away with something by abiding by the fed laws off of florida and not his state laws.

[Spear One]

I ammended my above post about the stressed area. I had totally forgotten about it when I made the initial post. Did not want to lead anyone astray. BTW, did you guys know that there is no commercial fishery for Cobia? Even in Federal waters? The recreational limit apply's to commercial boats as well!