State waters case: How they would have broken the law in State Waters
The Florida Fish and Wildlife Commission manages their State waters (shore to 3 miles out) while being coordinated by the Atlantic States Marine Fisheries Commission (ASMFC) through an Interstate Fishery Management Plan. While the plan has undergone a series of recent revisions the current regulations clearly define that a shark may not be speared.
Current regulations define the term SPEARING as:
The catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body
(gaffs, hooks, etc.). Spearing does not include the catching or taking of a fish by a hook with hook and line gear, or by snagging (snatch hooking).
They further go on to clearly state:
Regulation #68B-44.003: Bag Limit Applicable to State Waters, Gear Restriction.
(2) The harvest or attempted harvest of any shark in or from state waters by spearing is prohibited.
Thus in State controlled waters
the fishermen would have broken the law by ‘free-gaffing’ the shark, ie they did not use a permitted method of capture, therefore they broke the law. Check out the regulations for yourself here: MyFWC.com or download the PDF version here: Current shark regulations (Note, even though there are currently amendments being discussed to these laws they only serve to strengthen the current regulations and do not in any case permit free gaffing sharks)
However: The video clearly starts with the disclaimer that they were 18 miles offshore which puts them in Federal jurisdiction.
Federal waters Case: How they may have broken the law in Federal waters
Federal waters are controlled by NOAA who run the Fisheries Office of Sustainable Fisheries: Atlantic Highly Migratory Species and have published the Guide for Complying with the Atlantic Tunas, Swordfish, Sharks, and Billfish Regulations
(DOWNLOAD HERE)
Within this guide is given the strict instructions (click here for the most up to date digital version):
No person may fish for, catch, possess, or retain any Atlantic HMS (Highly Migratory Species .ed) with gears other than the primary gears specifically authorized in this part. Consistent with paragraphs (a)(1) and (a)(2) of this section, secondary gears may be used at boat side to aid and assist in subduing, or bringing on board a vessel, Atlantic HMS that have first been caught or captured using primary gears. For purposes of this part, secondary gears include, but are not limited to, dart harpoons, gaffs, flying gaffs, tail ropes, etc. Secondary gears may not be used to capture, or attempt to capture, free-swimming or undersized HMS. Except as specified in this paragraph (b), a vessel using or having onboard in the Atlantic Ocean any unauthorized gear may not possess an Atlantic HMS on board.
Let’s make sure you caught that:
Secondary gears (gaffs) may not be used to capture, or attempt to capture, free-swimming or undersized Highly Migratory Species.
By capturing a free swimming shark without the use of primary gear both State and Federal laws have been broken.
Action
It is clear that these fishermen may have broken the law. The video appears clear and the reporter states that the capture was very likely initialized by an illegal fishing method. If this turns out to be an illegal kill the fishermen should know that NOAA documents clearly state: Since fishery rules frequently change, it is your responsibility as a fisherman to become familiar with the latest regulatory updates and to comply with the current official regulations.
