I have finished what I could do. There is a distinction between recreational and commercial collecting. Under the parks ordinance, no commercial activity is allowed and that would include collecting fish for sale. There is nothing in the ordinance that addressed recreational collecting. Nor could I locate any rules of the Parks Department regulating collecting (they have the power to issue rules, but it seems they have not done so). My independent conclusion is that there are no formal protections in place for BHB except the commercial ban and whatever regulations the FFWCC have in place.
I also received the following email from Commissioner Karen Marcus, which I reproduce in full:
-----Original Message-----
From: Karen Marcus <KMarcus@pbcgov.org>
To: guyharrisonphoto <guyharrisonphoto@aol.com>
Sent: Thu, Jul 7, 2011 10:04 am
Subject: RE: Phil Foster Park/Blue Heron Bridge: Fish Collecting
Allowed by Divers?
Dear Mr. Harrison:
I'd like to acknowledge and thank you for your recent e-mail regarding
regulations on the collecting of tropical fish at the Phil Foster
Park/Blue Heron Boulevard Bridge area.
The Palm Beach County Parks and Recreation Department strongly
discourages the taking of tropical fish from this area and we are
working to better educate the public to "enjoy the area and leave it
for others to enjoy". Currently there are no local regulations against
recreational harvesting of tropical fish. However, you must have the
proper salt water fishing license and must follow the regulations
established by the Florida Fish & Wildlife Conservation Commission.
These regulations are inclusive of the limits on the various species
that can be taken and the means with which they can be harvested. The
County Parks and Recreation Department neither owns nor has management
rights for most of the submerged area around the bridge. We do not
allow knives or spear guns to capture fish in the park waters so spear
fishing in this area is not permitted. No commercial activity is
permissible within park property unless authorized by the Department
Director.
I hope this information is helpful and if I can be of further
assistance, please don't hesitate to contact my office.
Sincerely,
Karen T. Marcus, Chair
Board of County Commissioners
-----Original Message-----
From:
guyharrisonphoto@aol.com [mailto:guyharrisonphoto@aol.com]
Sent: Monday, June 27, 2011 1:38 PM
To: Karen Marcus
Subject: Phil Foster Park/Blue Heron Bridge: Fish Collecting Allowed by
Divers?
Hello Commissioner Marcus,
I have been trying to find out whether there are any regulations
regarding tropical fish collecting at the Blue Heron Bridge or Phil
Foster Park. There is an active disagreement going on now among the
diving community as to whether it is actually a "no take zone" or not.
The majority of divers seem to believe it is a protected area, but
several amateur and and commercial collectors and spearfishermen claim
that there is really no such law and they have the right to collect (or
spearfish). Apparently, various county employees have given various
different responses when asked. No one has found a definitive answer
so far.
I don't want to say what side of the issue that I am on, but I made a
promise to try to find the answer as accurately as I could for all
sides. I have heard that you sponsored a resolution for the no take
zone. Since you seem to have been involved with this, can your staff
point me to the right information? The PBC ordinances and resolutions
are very hard to search online and no specific ordinance came up.
There is also no way to search administrative regulations.
Any help would be appreciated.
Guy Harrison
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