License req for St Marks NWR

[DEMON]

Does the St. Marks NWR require a state fishing license to fish their waters (fresh or salt). Couldn't find it in their literature? Only thing I could find is that some Federal Parks require state licenses.

[Salty Gator]

I thought you needed a license to fish anywhere except private ponds. No special license, just fresh/saltwater fishing license. I think bank fishing used to be excluded, but now required.

[DEMON]

Because it is Federal land/water, the State has no jurisdiction over it. The only thing I've been able to gather is that if the Refuge (park) wants you to have a state fishing license then they can require it in order to fish there but it's the park's call.

[silverking]

Almost positive both fresh and saltwater state licenses are required to fish any refuge waters. I looked on the web site too and couldn't find an explanation and the local offices are now closed. If I track down a statutory reference, I'll post it. Eddie Joe might have the nitty gritty, if he sees this.

As of August 2009, Florida residents fishing from the shore in salt are required to have a FREE shore-based license, unless they are exempt (senior, active military on leave, etc.). The free license is available at the county tax collectors offices or by phone or on-line, although there is a service fee for the latter two methods. Think all you GA folks are still required to buy an out-of-state license, however.

[DEMON]

Found it:

Title 50

§ 32.5 General provisions regarding fishing on wildlife refuges. The following provisions shall apply to each person while engaged in public sport fishing on a wildlife refuge area: (a) Each person shall secure and possess the required State license

http://www.gpo.gov/fdsys/pkg/CFR-2000-t ... ec32-5.pdf

[fishinfool]

Because it is Federal land/water, the State has no jurisdiction over it. The only thing I've been able to gather is that if the Refuge (park) wants you to have a state fishing license then they can require it in order to fish there but it's the park's call.

Demon, I have always wondered if the state folks have any jurisdiction over the NWR or not. Or if the federal folks had any jurisdiction over state regs. Apparently they both operate and enforce at the lighthouse ramp and surrounding waters. Still not sure how it works, but I just comply and not complain when asked to show anything. I figure the less stink I make the less stink they will make over anything.

[Bluewave]

You have to have both was checked at Ocklocknee river state park and FWC asked for both we had a bass also caught there.

[DEMON]

The issue came up in a discussion with a friend because there is no Federal rec fishing license. In Federal waters (beyond 9 mi in Florida) there is no fishing license requirement. You can fish all day long without a license in Federal waters but you can't bring your catch back thru State waters without a state license. Of course FWC is paid for by the Feds to enforce fed limits which is why you encounter them in Fed waters.

Since the St. Marks NWR is Fed land & waters encompassed by the park boundries then where is the authority for FWC to require a state fishing license within the park boundaries? The park boundaries include waters surrounding the lighthouse, east flats, etc. Essentially if there is no requirement by the park for a state license then you could launch @ the lighthouse ramp, fish the east flats, return to the lighthouse with your catch and be legal until you left the park & turned onto 98. Or, you could catch & release without a license.

So, the answer to the question is that the park requires a state license to fish in the park and since FWC is being paid to enforce fed waters they can enforce the state license requirement.

[EddieJoe]

The issue came up in a discussion with a friend because there is no Federal rec fishing license. In Federal waters (beyond 9 mi in Florida) there is no fishing license requirement. You can fish all day long without a license in Federal waters but you can't bring your catch back thru State waters without a state license. Of course FWC is paid for by the Feds to enforce fed limits which is why you encounter them in Fed waters.

Since the St. Marks NWR is Fed land & waters encompassed by the park boundries then where is the authority for FWC to require a state fishing license within the park boundaries? The park boundaries include waters surrounding the lighthouse, east flats, etc. Essentially if there is no requirement by the park for a state license then you could launch @ the lighthouse ramp, fish the east flats, return to the lighthouse with your catch and be legal until you left the park & turned onto 98. Or, you could catch & release without a license.

So, the answer to the question is that the park requires a state license to fish in the park and since FWC is being paid to enforce fed waters they can enforce the state license requirement.

Well, sorta. The bottom line is that you need to meet state license requirements inside SMNWR. That's the important part. The NWR refuge has a boundary on a map going out into the Gulf, but no ownership there. You need a license. To make things happy the feds recognize the state's laws and regulations regarding fish and wildlife as well as use of state sovereignty submerged lands. Generally nobody wants to argue about this one way or the other.

EJ