Question Jetty spearfishing

[noobSpearo22]

I had a question about spearfishing off jetties in Florida we have some many rules about staying away from certain things and then some many feet on jetties above water and etc. I was trying to figure out were u can spearfish scuba dive off of jetties an example destin jetties. Would anyone happen to know?

Thank you, noobSpearo22

 

[Johnoly]

I had a question about spearfishing off jetties in Florida

So it's kind of a 3 part answer because there are lots of variables

1) You are not allowed to spearfish within 100 feet of any part of a jetty that is above the surface of the sea - except for the last 500 yards of a jetty that extends more than 1,500 yards from the shoreline.

2) You are not allowed to 'swim' in an active navigable water lane (ie boat traffic ). So generally you need to be on the outside of the jetty and not the inside.

3) There are local restrictions. So the actual wet water column is under the jurisdiction of the FWC, but the land of the jetty is owned by either the city or the county and their rules apply. If you walk on their property with a spear device, you may get a ticket (depending on local rules which change frequently)

And finally while local rules prohibit walking on the property with a spear device, diving that same spot from a yak or boat is perfectly allowed. It's very confusing and worse is that the local rules change all the time. In addition some may be strict on enforcement and others just allow it to happen.

The best advice is to contact the closest local shop and ask them what is allowed since even 2 different jetty's being 10 miles may have completely different rules.

 

[rob.mwpropane]

So it's kind of a 3 part answer because there are lots of variables

1) You are not allowed to spearfish within 100 feet of any part of a jetty that is above the surface of the sea - except for the last 500 yards of a jetty that extends more than 1,500 yards from the shoreline.

2) You are not allowed to 'swim' in an active navigable water lane (ie boat traffic ). So generally you need to be on the outside of the jetty and not the inside.

3) There are local restrictions. So the actual wet water column is under the jurisdiction of the FWC, but the land of the jetty is owned by either the city or the county and their rules apply. If you walk on their property with a spear device, you may get a ticket (depending on local rules which change frequently)

And finally while local rules prohibit walking on the property with a spear device, diving that same spot from a yak or boat is perfectly allowed. It's very confusing and worse is that the local rules change all the time. In addition some may be strict on enforcement and others just allow it to happen.

The best advice is to contact the closest local shop and ask them what is allowed since even 2 different jetty's being 10 miles may have completely different rules.

Wow.. that made my head hurt. I like the cheat code at the end though!

 

[Belzelbub]

Wow.. that made my head hurt. I like the cheat code at the end though!

Yeah, without a doubt, the regulations around spearfishing can be quite confusing. In many cases, spearfishing is an afterthought when the regulations were drafted.

Some fish are completely off-limits to spearing, though open to hook and line. Some areas as well. IIRC, Collier County doesn't allow spearfishing at all in FL state waters around Collier. The Keys can get confusing as well. Several No-Take zones, and several No-Spearfishing zones.

One of the more ridiculous recent regulations is the Gulf of Mexico Descend Act, which took effect in January. This requires fishermen fishing for reef fish from recreational, charter, and commercial boats in Gulf Federal waters to have a descending device or venting tool onboard and ready to deploy. Despite many comments asking for exemption, the final rule did not add an exemption for spearfishing. So, technically, even if I don't have a rod and reel on the boat, I should still carry a descending device if spearfishing for reef fish.

 

[rob.mwpropane]

Yeah, without a doubt, the regulations around spearfishing can be quite confusing. In many cases, spearfishing is an afterthought when the regulations were drafted.

Some fish are completely off-limits to spearing, though open to hook and line. Some areas as well. IIRC, Collier County doesn't allow spearfishing at all in FL state waters around Collier. The Keys can get confusing as well. Several No-Take zones, and several No-Spearfishing zones.

One of the more ridiculous recent regulations is the Gulf of Mexico Descend Act, which took effect in January. This requires fishermen fishing for reef fish from recreational, charter, and commercial boats in Gulf Federal waters to have a descending device or venting tool onboard and ready to deploy. Despite many comments asking for exemption, the final rule did not add an exemption for spearfishing. So, technically, even if I don't have a rod and reel on the boat, I should still carry a descending device if spearfishing for reef fish.

Interesting... I've never heard of such a thing. At least they're fairly cheap.

 

[Belzelbub]

Interesting... I've never heard of such a thing. At least they're fairly cheap.

Yeah, they don't cost too much. A couple years back, the SAFMC enacted a rule that Descending devices needed to be on-board. Venting tools there were not allowed. I tried just about every fishing store in my area, and none had heard of such a thing. Found some plans online, and made my own. Just needed a weight, a fish grip tool (I got the Rapala Fish Gripper), some line to secure it, and something to tie it to. Weight is attached to one side of handle, and line attached to the other.

Works pretty well. I have it attached to an old 1/2 of a fishing rod. Attach gripper to fish mouth, release bale on reel, and send fish back down. When it's on the bottom, close bale, and a quick tug opens the gripper allowing the fish to swim away.

 

[greeniguana]

I'm no lawyer, but if you're spear fishing, aren't YOU technically the descender device?

 

[The Chairman]

I'm no lawyer, but if you're spear fishing, aren't YOU technically the descender device?

Yeah, trying catch and release techniques on a fish you just speared is just funny to think about.

Also, everything underwater looks a third larger than it actually is. That apparent 18" hogfish may not be legal on the suface.

Fortunately, most FWC officers are sportsmen as well. They know when a law is goofy and I have yet to see them push those boundaries.

 

[Belzelbub]

I'm no lawyer, but if you're spear fishing, aren't YOU technically the descender device?

That’s using logic. That doesn’t work very well with fisheries regulations.

I would agree, but the rule defines descending devices, and I don’t fit the definition.

It’s stupid, but if you have fish in the box that are under the Descend Act regulations, you could technically be in violation if you don’t have a descending device or venting tool on board. Spears also don’t qualify as venting tools as they need to be hollow. It would all depend on how the officer views it.

Side note. I noticed recently that the Fish Rules app has a Descend Act flag under species that are covered.

 

[noobSpearo22]

Thanks for the help yall