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12-08-2003, 07:44 PM
Thought it might be handy to have these as a reference. Pretty long list of fish you can't harvest with a spear.
CHAPTER 68B-20
Spearing: Bow Hunting, Gigging, and Spearfishing
68B-20.002 Definitions.
(1) "Bow Hunting" means the catching or taking of a fish through the instrumentality of a bow and arrow or a crossbow and arrow, or quarrel.
(2) "Bow" means a device consisting of a flexible material having string connecting its two ends for the purpose of discharging arrows, which propels the arrows only by the energy stored by the drawing of the device.
(3) "Crossbow" means a device consisting of a bow affixed to a stock for discharging quarrels or arrows and which utilizes a hand-held locking mechanism to maintain the device in a drawn or ready-to-discharge condition.
(4) "Gigging" means the catching or taking of a fish through the instrumentality of a single or multi-pronged gig or spear, barbed or barbless, deployed at or above the surface of the water.
(5) "Spearfishing" means the catching or taking of a fish through the instrumentality of a hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, operated by a person swimming at or below the surface of the water.
(6) "Spearing" means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing its body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 6-17-85. Amended 1-1-98, Formerly 46-20.002.
68B-20.003 Spearing, Statewide Regulation; Prohibition against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts.
(1) Spearing is lawful in all salt waters and salt tributaries located in the State of Florida except:
(a) As provided in Section 370.172, Florida Statutes; and
(b) As prohibited in this chapter, and elsewhere in Title 68B, Florida Administrative Code.
(2) Spearfishing is hereby prohibited:
(a) Within 100 yards of all public bathing beaches.
(b) Within 100 yards of all commercial or public fishing piers.
(c) Within 100 yards of that portion of any bridge where public fishing is legally permitted.
(d) Within 100 feet of the unsubmerged portion of any jetty, except that spearfishing shall be allowed along the last 500 yards of any jetty that extends more than 1,500 yards from the shoreline. (e) In or on any body of water under the jurisdiction of the Division of Recreation and Parks of the Department of Environmental Protection. Possession of spearing equipment in or on any body of water under the jurisdiction of the Division of Recreation and Parks is prohibited except when such equipment is not loaded and is properly stored upon watercraft passing nonstop through such marine waters.
(3) The taking of fish by spearing shall be subject to and consistent with present and future bag limits, size limits, and seasons applicable to other fishermen of this state.
(4) The sale of fish lawfully taken by spearing shall be subject to the same regulations and limitations applicable to other fishermen in this state.
(5) Nothing in this chapter shall be construed as allowing the taking, harvesting, molesting or killing of any fish by spearing when taking, harvesting, molesting or killing such fish is otherwise prohibited by law.
(6) It is unlawful to buy, sell, offer to buy or sell, exchange, transport or possess any fish, or part thereof, taken or harvested in violation of this chapter.
(7) The use of powerheads, bangsticks, and rebreathers is prohibited as specified in Rule 68B-4.012, Florida Administrative Code.
(8)(a) The Marine Fisheries Commission hereby finds and declares that the repeal of Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079. Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which relate to spearing, will not adversely affect the marine resources of those counties or of the State of Florida.
(b) Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079. Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which are rules of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2, paragraph (5)(a) of Chapter 83-134, Laws of Florida and section 2, paragraph (5)(b) of Chapter 84-121, Laws of Florida, are all hereby repealed.
Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History - New 6-17-85. Amended 1-1-98, Formerly 46-20.003.
68B-20.005 Prohibited Harvest of Certain Species.-- The spearing of the following species and species groups is prohibited:
(1) Billfish (species of the genus Xiphias, Istiophorus. Makaira, and Tetrapturus).
(2) Sturgeon (Acipenser oxyrhynchus)
(3) Tarpon (Megalops atlanticus).
(4) Bonefish (Albula vulpes).
(5) Jewfish (Epinephelus itajara).
(6) Nassau grouper (Epinephelus striatus).
(7) Permit (Trachinotus falcatus).
(8) Pompano (Trachinotus carolinus).
(9) African pompano (Alectis ciliaris).
(10) Sharks as defined in Rule 68B-44.002, Florida Administrative Code.
(11) Spotted eagle ray (Aetobatus narinari).
(12) Manta ray (species of the genus Manta and Mobula).
(13) Snook (species of the genus Centropomus).
(14) Red drum (Sciaenops ocellatus).
(15) Spotted seatrout (Cynoscion nebulosus).
(16) Weakfish (Cynoscion regalis),
(17) Tripletail (Lobotes surinamensis).
(18) Surgeonfish (family Acanthuridae).
(19) Trumpetfish (family Aulostomidae).
(20) Angelfish and butterflyfish (family Chaetodontidae).
(21) Porcupinefish (family Diodontidae).
(22) Cornetfish (family Fistulariidae).
(23) Squirrelfish (family Holocentridae).
(24) Trunkfish (family Ostraciidae).
(25) Damselfish (family Pomacentridae)
(26) Parrotfish (family Scaridae).
(27) Pipefish and Seahorse (family Sygnathidae).
(28) Puffers (family Tetraodontidae).
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 1-1-98, Formerly 46-20.005.
CHAPTER 68B-20
Spearing: Bow Hunting, Gigging, and Spearfishing
68B-20.002 Definitions.
(1) "Bow Hunting" means the catching or taking of a fish through the instrumentality of a bow and arrow or a crossbow and arrow, or quarrel.
(2) "Bow" means a device consisting of a flexible material having string connecting its two ends for the purpose of discharging arrows, which propels the arrows only by the energy stored by the drawing of the device.
(3) "Crossbow" means a device consisting of a bow affixed to a stock for discharging quarrels or arrows and which utilizes a hand-held locking mechanism to maintain the device in a drawn or ready-to-discharge condition.
(4) "Gigging" means the catching or taking of a fish through the instrumentality of a single or multi-pronged gig or spear, barbed or barbless, deployed at or above the surface of the water.
(5) "Spearfishing" means the catching or taking of a fish through the instrumentality of a hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, operated by a person swimming at or below the surface of the water.
(6) "Spearing" means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing its body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 6-17-85. Amended 1-1-98, Formerly 46-20.002.
68B-20.003 Spearing, Statewide Regulation; Prohibition against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts.
(1) Spearing is lawful in all salt waters and salt tributaries located in the State of Florida except:
(a) As provided in Section 370.172, Florida Statutes; and
(b) As prohibited in this chapter, and elsewhere in Title 68B, Florida Administrative Code.
(2) Spearfishing is hereby prohibited:
(a) Within 100 yards of all public bathing beaches.
(b) Within 100 yards of all commercial or public fishing piers.
(c) Within 100 yards of that portion of any bridge where public fishing is legally permitted.
(d) Within 100 feet of the unsubmerged portion of any jetty, except that spearfishing shall be allowed along the last 500 yards of any jetty that extends more than 1,500 yards from the shoreline. (e) In or on any body of water under the jurisdiction of the Division of Recreation and Parks of the Department of Environmental Protection. Possession of spearing equipment in or on any body of water under the jurisdiction of the Division of Recreation and Parks is prohibited except when such equipment is not loaded and is properly stored upon watercraft passing nonstop through such marine waters.
(3) The taking of fish by spearing shall be subject to and consistent with present and future bag limits, size limits, and seasons applicable to other fishermen of this state.
(4) The sale of fish lawfully taken by spearing shall be subject to the same regulations and limitations applicable to other fishermen in this state.
(5) Nothing in this chapter shall be construed as allowing the taking, harvesting, molesting or killing of any fish by spearing when taking, harvesting, molesting or killing such fish is otherwise prohibited by law.
(6) It is unlawful to buy, sell, offer to buy or sell, exchange, transport or possess any fish, or part thereof, taken or harvested in violation of this chapter.
(7) The use of powerheads, bangsticks, and rebreathers is prohibited as specified in Rule 68B-4.012, Florida Administrative Code.
(8)(a) The Marine Fisheries Commission hereby finds and declares that the repeal of Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079. Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which relate to spearing, will not adversely affect the marine resources of those counties or of the State of Florida.
(b) Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079. Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which are rules of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2, paragraph (5)(a) of Chapter 83-134, Laws of Florida and section 2, paragraph (5)(b) of Chapter 84-121, Laws of Florida, are all hereby repealed.
Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History - New 6-17-85. Amended 1-1-98, Formerly 46-20.003.
68B-20.005 Prohibited Harvest of Certain Species.-- The spearing of the following species and species groups is prohibited:
(1) Billfish (species of the genus Xiphias, Istiophorus. Makaira, and Tetrapturus).
(2) Sturgeon (Acipenser oxyrhynchus)
(3) Tarpon (Megalops atlanticus).
(4) Bonefish (Albula vulpes).
(5) Jewfish (Epinephelus itajara).
(6) Nassau grouper (Epinephelus striatus).
(7) Permit (Trachinotus falcatus).
(8) Pompano (Trachinotus carolinus).
(9) African pompano (Alectis ciliaris).
(10) Sharks as defined in Rule 68B-44.002, Florida Administrative Code.
(11) Spotted eagle ray (Aetobatus narinari).
(12) Manta ray (species of the genus Manta and Mobula).
(13) Snook (species of the genus Centropomus).
(14) Red drum (Sciaenops ocellatus).
(15) Spotted seatrout (Cynoscion nebulosus).
(16) Weakfish (Cynoscion regalis),
(17) Tripletail (Lobotes surinamensis).
(18) Surgeonfish (family Acanthuridae).
(19) Trumpetfish (family Aulostomidae).
(20) Angelfish and butterflyfish (family Chaetodontidae).
(21) Porcupinefish (family Diodontidae).
(22) Cornetfish (family Fistulariidae).
(23) Squirrelfish (family Holocentridae).
(24) Trunkfish (family Ostraciidae).
(25) Damselfish (family Pomacentridae)
(26) Parrotfish (family Scaridae).
(27) Pipefish and Seahorse (family Sygnathidae).
(28) Puffers (family Tetraodontidae).
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History - New 1-1-98, Formerly 46-20.005.