Fla. Admin. Code Ann. R. 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
379.2425, F.S. Notwithstanding
the prohibition contained in that section, spearfishing is allowed in state
waters off Collier County except as prohibited in this chapter and elsewhere in
Division 68B, F.A.C.; and,
(b) As
prohibited in this chapter, and elsewhere in Division 68B,
F.A.C.
(2) Except as
provided in Rule 68B-20.004, F.A.C., 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, F.A.C.
(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.
Notes
Rulemaking 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.
New 6-17-85, Amended 1-1-98, Formerly 46-20.003, Amended 6-30-13, 8-1-14.
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