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Technical Spearfishing Technical Scuba diving is generally defined as going deeper than 130 feet. You must have the proper training for this extreme aspect of spearfishing.

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Old 11-11-2017, 07:08 PM   #1
moteman
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lobsters

I hope someone can help me, I have been trying to find an answer to my question "is it legal in Florida to collect lobster while diving a rebreather". I can find nothing in the FWC rules and everyone I ask only say it's illegal in state waters to spearfish on rebreather but no one seems to know if it's legal to lobster on rebreather in state waters.
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Old 11-12-2017, 07:04 AM   #2
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Re: lobsters

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Originally Posted by moteman View Post
..... but no one seems to know if it's legal to lobster on rebreather in state waters.

You asked about "state waters" In chapter 68B-24 the lobster administrative rules only distinguish the word "Diving". The rule does not break down the equipment used for diving (Hookah, freediving, Open circuit, CCR, SCR, garden hose, etc). Therefore looking at that exact word in the rule "diving", the type of gear used in diving is "undefined" and thereby unregulated only in the aspect of lobster. None of the above address's any other activity while diving.
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Old 11-12-2017, 08:25 AM   #3
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Re: lobsters

Thanks, this is about what I thought. The "that which is not specifically forbidden is allowed" rule kinda implies.
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Old 05-03-2018, 08:15 PM   #4
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Re: lobsters

Kinda old thread but here is the Florida law in regard to rebreathers. It is in section 2.


68B-4.012 Diving: Powerheads and Rebreathers, Use to Harvest Fish in State Waters Prohibited; Definition; Spearfishing Marine Species in Fresh Water Prohibited.

(1) Powerheads.

(a) No person shall use any powerhead to harvest any fish in state waters. Powerheads may be possessed while diving in state waters for the purpose of personal protection.

(b) The possession of any fish other than lionfish that has been harvested with a powerhead, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.

(c) The term “harvest” for purposes of this subsection means the catching or taking of a fish by killing or wounding it, followed by a reduction of such fish to possession.

(2) Rebreathers.

(a) Except for persons harvesting lionfish (genus Pterois), no person diving in state waters by means of a rebreather shall harvest any marine species. Use of rebreathers for any nonconsumptive purpose is allowed in state waters.

(b) The possession of any fish other than lionfish that has been harvested by a person diving in state waters by means of a rebreather, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.

(c) The term “harvest” for purposes of this subsection means the catching or taking of a marine species by any means, followed by a reduction of the species to possession, whether or not the species has been killed or wounded.

(3) Spearfishing: No person shall harvest or attempt to harvest any marine species by the use of any hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, while diving in fresh water.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-26-92, Amended 7-15-96, 1-1-97, Formerly 46-4.012, Amended 7-1-01, 3-1-05, 8-1-14.





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