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Spearfishing Regulations This area is for the topic of existing or proposed Spearfishing Regulations. |
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06-20-2007, 06:20 PM | #1 |
Registered User
Join Date: Mar 2003
Location: Plant City
Age: 59
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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 |
06-20-2007, 09:07 PM | #2 |
Panama City Diving
Join Date: Dec 2003
Location: Panama City Beach, Fl
Age: 45
Posts: 3,789
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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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06-20-2007, 09:14 PM | #3 |
Im a diver, not a thinker
Join Date: May 2003
Location: Gulfport, Mississippi
Posts: 1,855
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Re: Spearing Sharks
its all legal when the pointy end opens its mouth.
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06-20-2007, 09:18 PM | #4 |
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Join Date: Aug 2005
Location: Fort Lauderdale, Florida
Age: 34
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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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06-20-2007, 09:20 PM | #5 |
Livin' the life!
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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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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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06-20-2007, 09:57 PM | #7 |
Livin' the life!
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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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06-20-2007, 10:00 PM | #8 | |
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Re: Spearing Sharks
Quote:
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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06-20-2007, 10:49 PM | #9 | |
Livin' the life!
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Re: Spearing Sharks
Quote:
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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06-20-2007, 11:02 PM | #10 |
Ace of Spades
Join Date: Apr 2004
Location: Homestead, FL & FL Keys
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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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06-20-2007, 11:08 PM | #11 | |
Spearboard Historian
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Re: Spearing Sharks
Quote:
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06-20-2007, 11:10 PM | #12 |
Livin' the life!
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Re: Spearing Sharks
Ha!!
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06-21-2007, 06:02 AM | #13 | |
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Re: Spearing Sharks
Quote:
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06-21-2007, 06:49 AM | #14 |
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Location: Tampa Bay
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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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06-21-2007, 08:45 AM | #15 | |
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Re: Spearing Sharks
Quote:
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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