BHB collection/protection discussion

[fisheyeview]

State waters do extend three miles from shore, with caveats.

Inshore waters are different. The Intercoastal Waterway is not State owned. The Waters are inside the state, and riparian rights guarantee access, but the State does not dredge those waters, do they?

I think State waters extend 3 miles from shore on the east coast.

Another jurisdictional point; who owns the water there?

Is that not part of the Intercoastal Waterway, subject to federal jurisdiction?

***DISCLAIMER - I am not an attorney, nor did I stay at a Holiday Inn Express last night.***

Riparian Rights are usually controlled by the state, but there is some federal overlap. Riparian Rights are state rights, but federal rulings have determined that a state can not sign away those rights. This was part of a federal case where the state of Florida sued to get back their control of navicable waters from phosphate companies. The state had sold the rights years before, but the feds still ruled that Riparian Rights could not be sold to private individuals or companies.

In Palm Beach County safe navigation of the ICW is controlled by the Florida Inland Navigation District (FIND). They oversee the dredging in conjunction with the U.S. Army Corps of Engineers (USACE).

 

[dumpsterDiver]

State waters do extend three miles from shore, with caveats.

Inshore waters are different. The Intercoastal Waterway is not State owned. The Waters are inside the state, and riparian rights guarantee access, but the State does not dredge those waters, do they?

I'm tired of looking stuff up, I know that the State manages submerged aquatic resources in the intracoastal and provides permits for impacts etc.

Don't think an arguement that the area is under federal control with regard to fisheries, collections, dive flag rules etc. would fly with the FWC.?

 

[dumpsterDiver]

Collection of tropicals is a recreational pursuit?

Absolutely, why would you question something like that?

 

[adurso]

I'm tired of looking stuff up, I know that the State manages submerged aquatic resources in the intracoastal and provides permits for impacts etc.

Don't think an arguement that the area is under federal control with regard to fisheries, collections, dive flag rules etc. would fly with the FWC.?

From law enforcement experience with the Feds; they will keep their noses out of anything until it becomes "sexy" enough for intervention. "Sexy" being defined as media face time, massive public interest, or something politically favorable.

I know people on spearboard who do spear in that general area, some have been told by FWC that spearing is not allowed in the ICW, others go west, others just go.

I have not found any court decisions ( though not looking too hard) either way

 

[deepstops]

Why does this subject resurface every year or two?? The facts are as follows:

Okay, here's the deal. I spoke with Dave Lil today who is the Aquatics and Water Parks director for Palm Beach County Parks and Recreation. He said Palm Beach County Parks and Recreation Ordinance # 2004-022, Section 7(B) absolutely extends into the waters of Phil Foster park and all other PB County parks with water access or beaches. If you encounter a violation in progress, contact a park ranger or the FWC. If you should encounter a park ranger unwilling to enforce the rules, simply request the park ranger's name and call FWC for immediate enforcement and Dave says he will deal the ranger afterward.

Dave's number is 561-966-6630 to report the rangers who aren't enforcing the county's rules.

Regarding fishing: recreational fishing is permitted within the Florida state rules but Palm Beach County's rules against tropical fish collecting supersede the state's rules on collecting.

 

[Scott L]

Why does this subject resurface every year or two?? The facts are as follows:

 

[dumpsterDiver]

Why does this subject resurface every year or two?? The facts are as follows:

When was this communication? From what I understand things have changed in this regard.

 

[deepstops]

I just hung up the phone with Dave Lil referenced in my previous message.
He is re-verifying the information is still correct and will call me back shortly.

 

[deepstops]

Dave is a man of his word and called back as he said he would.

The "no take" county ordinance is still in effect and remains unchanged. The only thing that's changed is that many park rangers were laid off and enforcement has been sparse.

He stated in the absence of Park Rangers, FWC and PBSO can help enforce the ordinance.

 

[fisheyeview]

Thanks Brian.