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Thread: A Favorable Ruling on Spearing in Federal Waters!

  1. #41
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    Can this thread be made a sticky? I think it's deserving of it.

  2. #42
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    Some more or Back UP to this already good news, It is strait from the FWC legal dept. This is the memo that is now being distributed to ALL FWC enforcement offices.

    Quote Originally Posted by FWC
    Q: Is it lawful to spear permit, African pompano, and tripletail in federal waters as long as the vessel returns to port without stopping in state waters?
    A: Yes. Even though there is not a federal fishery management plan for those species Florida has not extended its authority to regulate the method of harvest into federal waters through the authority of the Magnuson-Stevens Act. Size limits and seasons would apply since they are an issue of possession while in or on state waters.

    Q: Can an officer enforce state fishing license requirements in federal waters?
    A: No, but the officer should explain to the fishermen that if they are returning to port through state waters FS 372.57(3) states that “Each license, permit, or authorization number must be in the personal possession of the person to whom it is issued while such person is taking, attempting to take, or possessing game, freshwater or saltwater fish, or furbearing animals.” This applies to individual recreational licenses as well as for charter/headboat recreational licenses.

    Q: Is it lawful for someone to harvest 10 mangrove/gray snapper in federal waters and bring them back to the dock?
    A: Yes, as long as they travel directly and expeditiously through state waters.
    Attached Files Attached Files

  3. #43
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    Thanks Kite!!
    Attached Thumbnails Attached Thumbnails -len-af-pomp-up-jpg  
    Slow is Smooth and Smooth is FAST!!

  4. #44
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    Very nice AP Len!
    Don't tell fish stories where the people know you; but particularly, don't tell them where they know the fish.
    Mark Twain

  5. #45
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    In the past, the permit really stacked up over the Mexican Pride in the Winter

  6. #46
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    POMPOUS Pompano, Len!!

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    Nice AP Len.

    I've been seeing schools of those things lately 100-200 head strong up this way.
    Can someone please throw a jug for me. -Rob Wolfe

  8. #48
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    Found him smoozing the deck of the chlorine barg in Flagler...just him & two buddies.
    Slow is Smooth and Smooth is FAST!!

  9. #49
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    Good work! To Kite and all who put time into this. It has always seemed kind of silly for a species to be legal to harvest on H&L but not by spear. I can understand if the fish was under a "slot" limit but we really should get the nod from the state on this, even in state waters.
    The initial email Kite got was very promising, but still left me kind of worried about field personal not being informed as to the interpretation Kite requested. I really didn't want to walk the line and end up taking time off to fight it in court. (even though I think it would be dropped). The real greenlight was the notice to the field officers. Keeping that onboard, along with the email should negate any questions an officer could render.

    Is there a copy of the email with the reciptients and header on top? It would really seal the deal if their own email address was on the top.

    Once again guys, Good Job!

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    Kenny: I was chatting up my local FWC officer the other day, and he was aware of the rule even though it really doesn't apply here because all our spearfishing is within state waters. Nevertheless, I am glad to see that the word got out to the field officers.

    If you (or anyone else) want a copy of the email with all the names, addresses and headers, just PM me your email address and I'll forward it to you.
    Last edited by kitefisherman; 03-06-2008 at 09:34 AM.
    Don't tell fish stories where the people know you; but particularly, don't tell them where they know the fish.
    Mark Twain

  11. #51
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    Good job, Len!
    In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot. ~Mark Twain

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