BigBendFishing.Net

In looking over the regulations for spearfishing: http://myfwc.com/fishing/saltwater/regu ... /spearing/:

You may NOT spearfish (excluding bowhunting and gigging) as described below:
Spearfishing of marine and freshwater species in freshwater is prohibited. Possession of a spear gun in or on freshwater is also prohibited.

Last week we saw a bunch of sheepshead up the Wakulla, north of where it meets the St. Marks. With regards to the regulation, where does the fresh water begin and the brackish water end?

You may NOT spearfish (excluding bowhunting and gigging) as described below:

■Spearfishing of marine and freshwater species in freshwater is prohibited. Possession of a spear gun in or on freshwater is also prohibited.
■Within 100 yards of a public swimming beach, any commercial or public fishing pier, or any part of a bridge from which public fishing is allowed.
■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.
■In Collier County and in Monroe County from Long Key north to the Dade County line.
■For any fish for which spearing is expressly prohibited by law (listed above).
■In any body of water under the jurisdiction of the Environmental Protection, Recreation and Parks. (Possession of spearfishing equipment is prohibited in these areas, unless it is unloaded and properly stored.)
Fishermen who catch and/or sell fish harvested by spearing are subject to the same rules and limitations that other anglers in the state are required to follow.


I would think most of the Wakulla would also fall under this prohibition. Personally, I would just forget about it unless you have a really good attorney...

Dubble

How do you determine the jurisdiction of a body of water. A google search turns up nada. Common sense is not an acceptable litmus as the whole GOM was under EPA jurisdiction, or seemed to be, after the oil spill(leak).

I would expect the goal of the regulations is that the common man can understand them and go fishing without having a lawyer in the tackle box. I could be wrong.

Don't know if this helps, but as I understand it from a saltwater/freshwater licences POV if you have a redfish you need a saltwater licences and if you have a bass you need a freshwater licences, no matter where you are at .

From the FWC guys on the water, the fort is the demarcation zone for fresh vs. salt...

At a federal level, lonesouth, I believe that the goal of regulations is that the common man can't do anything without either bribing those in power / having a team of defense lawyers.

Tax code = 71,000 pages and counting
Obamacare healthcare reform guidelines = 2,700 pages and counting.

To the contrary, documents specifying freedoms tend to be much briefer and to the point... Bill of Rights as authored by our Founders... 1 page.

"

■Spearfishing of marine and freshwater species in freshwater is prohibited. Possession of a spear gun in or on freshwater is also prohibited. "



Now if it were me.....I wouldn't test that particular statute in as much that while scientifically the salinity of the water (and its northmost qualifications of 'marine environment') on the wakulla could he debated, there is no doubt that the general populace regards anything north of hwy98 as fresh water.
I would be willing to bet the FWC does too.

I would also be willing to bet (if it was me thinking of doing it) that the wakulla is thought of as a totally freshwater river/ environment in order to protect it and isn't considered brackish until it turns into the st. Marks.

Jmo. I could be totally wrong.


If it were me I would anchor upstream of the deep sand holes and carolina rig a nightcrawler on a 1/0 circle hook for sheepshead like everyone else.
That's whateveryone else DOES right????!

Rainman wrote:From the FWC guys on the water, the fort is the demarcation zone for fresh vs. salt...

Oh...well we said the same thing at the same time.

Only I rambled on all high faluting and stuff........

I've never spear fished, and I always fish salt water, but I have to admit it would be fun!

lonesouth wrote:I would expect the goal of the regulations is that the common man can understand them and go fishing without having a lawyer in the tackle box.

Yea, that line was a little tongue in cheek. Thanks for the clarification.

I use to Bowfish with Capt. Vic right out in front of Shell Island Fish camp. Never had any trouble with the law and yes you can shoot Sheepshead.

edit: Now I see you are asking about spear fishing only....

Just get you a old Recurve bow like I use and put a reel on it.