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Old 06-20-2007, 06:20 PM   #1
bgbill
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Spearing Sharks

Federal Waters

http://www.nmfs.noaa.gov/sfa/hms/bro...20Brochure.pdf


AUTHORIZED GEARS
Rod and reel and handline are the only fishing gears that
may be used by recreational anglers. If handlines are
used they must remain attached to, or in contact with, the
fishing vessel.


State Waters, Florida

http://marinefisheries.org/spearing.htm
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Old 06-20-2007, 09:07 PM   #2
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Re: Spearing Sharks

I did not realize they weren't legal to shoot in federal waters, I have no desire to ever shoot one and hang on but I had assumed that powerheads would be a legal gear type.
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Old 06-20-2007, 09:14 PM   #3
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Re: Spearing Sharks

its all legal when the pointy end opens its mouth.
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Old 06-20-2007, 09:18 PM   #4
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Re: Spearing Sharks

Same question as above. ALso if you were the one the booteed my thread. Do you think u can send me the written report from my thread pllease. I would really like to save it for later on in life. Thanks Bret
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Old 06-20-2007, 09:20 PM   #5
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Re: Spearing Sharks

I'm not sure that's correct, but here's a question for some healthy debate: How do you prove the pointy end acutally opened?
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Old 06-20-2007, 09:21 PM   #6
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Re: Spearing Sharks

I fin the got bitten, and a dive bag that got ruined, along with the crap stains in my wetsuit from the mako coming up that close to me and JLB.
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Old 06-20-2007, 09:57 PM   #7
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Re: Spearing Sharks

Sounds like proof to me. I suppose my question was inartfully worded. I'll rephrase:

How would one prove to authorities, say the FWC, for example, (if it ever became an issue) that a shark was killed due to threat of loss of life or limb(s)?
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Old 06-20-2007, 10:00 PM   #8
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Re: Spearing Sharks

Quote:
Originally Posted by Petra
Sounds like proof to me. I suppose my question was inartfully worded. I'll rephrase:

How would one prove to authorities, say the FWC, for example, (if it ever became an issue) that a shark was killed due to threat of loss of life or limb(s)?

If you are being attacked and shoot a shark, then get back in your boat, without bringing the shark aboard, how is the FWC going to know about it?

An example that Kite used was, it is like hitting a deer with your car, it is OK to do it, but you can't take the deer home and eat it.
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Old 06-20-2007, 10:49 PM   #9
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Re: Spearing Sharks

Quote:
Originally Posted by bgbill
If you are being attacked and shoot a shark, then get back in your boat, without bringing the shark aboard, how is the FWC going to know about it?

An example that Kite used was, it is like hitting a deer with your car, it is OK to do it, but you can't take the deer home and eat it.
Well, I'd been misinformed about THAT then. Years ago after returning from a camping trip a deer ran out and our car slammed into it. He went flying into the woods and dragged himself off to die. Traveling in the car behind us was a vet who trekked through the woods to see if he could help the dying animal. A Fish and Wildlife officer was dispatched to the scene and the officer informed us that other than the deer's back being broken, the "meat was intact." He suggested we take it home and eat it. "Even though you didn't do it on purpose, it's your kill," he said. "No sense in the meat rotting in the sun."

Needless to say, I didn't know how to dress it, etc., but I knew someone who did, so I made the call and he came out to get the deer. The officer waited until he arrived so that we "wouldn't get in trouble" and the following Sunday I was invited to a venison dinner. I guess the officer was wrong??

But I digress.

Is there any comparison?

Also, just because an FWC officer wouldn't know, doesn't make it right, does it? It's still illegal to shoot it, right? I guess that was the point of my question. Nowhere in anything I've read does it state that if your life is in danger you have some "permission," for lack of a better word, to kill a shark. So, if you killed a shark in self-defense, it's still illegal is what I'm gathering. Seems, though, that the suggestion is to simply hide that fact under the cover of the "what they don't know won't hurt them" rule.
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Old 06-20-2007, 11:02 PM   #10
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Re: Spearing Sharks

With the deer the officer has the discretion to allow for a person to take the animal home. I have had it happen and was allowed to take the animal with me as well. It varies depending on the state. The thing is that in a deer vehicle collision there is rarely any suspicion that the act occurred intentionally. If you get a OK from the officer and he is willing to back you up then the animal is yours. "Reducing the animal to possession" should only occur after the officer OK's the action. Let's say you are driving home with a monster buck in the bed of your pick up with a dent in the front and you did so without informing Fish and Game well you will probably have a lot of explaining to do to a judge. I thought something was being done (or was done) about adding spears to the allowable gear for harvest on sharks but I have not heard if this passed or when the rule would change in the state law? Anybody have the skinny on this?
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Old 06-20-2007, 11:08 PM   #11
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Re: Spearing Sharks

Quote:
Originally Posted by Bucket One
What if you shoot the shark with a powerhead and it doesn't go off but you throw out a line and catch the shark and bring it home and the FWC checks you and writes you a ticket for shooting a shark because it has a powerhead ring mark on it were it didn't go off. Should you get a ticket for shooting a shark with something that didn't go off but you caught it legally?
If you can't figure that out for yourself, then you should get a ticket for being a dumbass
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Old 06-20-2007, 11:10 PM   #12
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Re: Spearing Sharks

Ha!!
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Old 06-21-2007, 06:02 AM   #13
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Re: Spearing Sharks

Quote:
Originally Posted by Petra
Also, just because an FWC officer wouldn't know, doesn't make it right, does it? It's still illegal to shoot it, right? I guess that was the point of my question. Nowhere in anything I've read does it state that if your life is in danger you have some "permission," for lack of a better word, to kill a shark. So, if you killed a shark in self-defense, it's still illegal is what I'm gathering. Seems, though, that the suggestion is to simply hide that fact under the cover of the "what they don't know won't hurt them" rule.
I have never seen in print anywhere that it is legal to shoot a shark in self defense, but if you feel your life is in danger, you do what you have to do.
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Old 06-21-2007, 06:49 AM   #14
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Re: Spearing Sharks

Just remember it is not the officer's responsibility to prove you did it. If he gives you a ticket (right or wrong) you get to spend all of "your time and money" to prove other wise. Innocent until proven guilty they say. Whatever that is supposed to mean.
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Old 06-21-2007, 08:45 AM   #15
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Re: Spearing Sharks

Quote:
Originally Posted by bgbill
I have never seen in print anywhere that it is legal to shoot a shark in self defense, but if you feel your life is in danger, you do what you have to do.
Fla. Admin. Code Ann. r. 68B-4.012
FLORIDA ADMINISTRATIVE CODE ANNOTATED
TITLE 68. FISH AND WILDLIFE CONSERVATION COMMISSION
SUBTITLE 68B. MARINE FISHERIES
CHAPTER 68B-4. GEAR SPECIFICATIONS AND PROHIBITED GEAR
Current with rules included in the September 9, 2005
issue of the Florida Administrative Weekly.

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 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) 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 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.

Specific 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.

68 FL ADC 68B-4.012

END OF DOCUMENT

See the bold section, hope that helps, pretty clear.

John
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