Home Tournaments Calendar Weather Merchandise Sponsors

Go Back   Spearboard.com - The World's Largest Spearfishing Diving Boating Social Media Forum > United States Geographical Locations > Freshwater Shooting

Freshwater Shooting Live inland, away from the ocean? Tell us about freshwater hunting here.

Reply
 
Thread Tools Rate Thread Display Modes
Old 10-16-2017, 05:32 PM   #1
FalconSpearo
Registered User
 
FalconSpearo's Avatar
 
Join Date: Jan 2017
Location: Miami
Age: 25
Posts: 72
Question Freshwater Spearfishing in Florida

Hello!

I know that it is prohibited to spearfish in freshwater in Florida. But, can you spearfish in a freshwater lake on private property?

I have a buddy who owns a lake on his ranch, the entire lake is landlocked meaning it does not connect to any rivers or streams. All the fish inside it are trapped and he has pretty much every species you can imagine live in south florida lakes. I would like to take a couple species from this lake and the owner gave me his permission to. What is the legality of this? Is his lake under Florida jurisdiction? Its all private property all the way around the lake and he is the owner of the whole property which includes the lake within it's boundaries.
__________________
"Give man a fish, he eats for a day; give man a speargun, he eats for a lifetime." -Mahatma Ghandi
FalconSpearo is offline   Reply With Quote
Old 10-16-2017, 06:29 PM   #2
Marco
Registered User
 
Marco's Avatar
 
Join Date: Jan 2007
Location: Panama City, Panama
Age: 52
Posts: 2,343
Re: Freshwater Spearfishing in Florida

Why are you asking? I have no dog inthis fight, but what kind of comments are you expecting here? If it is illegal, it is illegal. Period.

Then comes 50 shades of gray...
__________________
Marco

A bad day fishing is ALWAYS better than a good day at work
Marco is online now   Reply With Quote
Old 10-16-2017, 09:48 PM   #3
Marcus
Naval gazer extraordinair
 
Marcus's Avatar
 
Join Date: Jan 2003
Posts: 38,309
Re: Freshwater Spearfishing in Florida

PRIVATE property. As I understand it, gators are also allowed to be taken on PRIVATE property.
__________________
The price to being stupid is extinction, that's just the basic law of the natural world.
Marcus is online now   Reply With Quote
Old 10-17-2017, 12:41 AM   #4
Shotmaster
Registered User
 
Join Date: Apr 2016
Location: Melbourne, FL
Posts: 107
Re: Freshwater Spearfishing in Florida

My dad had a friend who was quite wealthy, he bought some land and had a lake excavated, which he stocked with fish. He sold lots around the lake to his friends. Every summer he would dynamite the lake and have a big fish fry. After few years word got around and the game warden showed up. He told my dad's friend you can't do that, he asked "why not?, I built the lake, I put the fish in it, it's my dynamite". The warden said " well, if you do I'm going to arrest you", where upon the owner said" well, I'm about to row out in that boat and dynamite some fish, you're welcome to come with me". So the owner and the warden rowed out and the owner lit the fuse and just sat there watching it burn. The warden started panicking and shouting throw it, throw it! The owner tossed it to the warden who immediately threw it overboard. It blew up and the owner said "arrest yourself" I'm going to have a fish fry!
Shotmaster is offline   Reply With Quote
Old 10-17-2017, 06:46 AM   #5
Red Tide
Registered User
 
Red Tide's Avatar
 
Join Date: Jan 2004
Location: Tampa Bay
Posts: 1,263
Re: Freshwater Spearfishing in Florida

Quote:
Originally Posted by Shotmaster View Post
My dad had a friend who was quite wealthy, he bought some land and had a lake excavated, which he stocked with fish. He sold lots around the lake to his friends. Every summer he would dynamite the lake and have a big fish fry. After few years word got around and the game warden showed up. He told my dad's friend you can't do that, he asked "why not?, I built the lake, I put the fish in it, it's my dynamite". The warden said " well, if you do I'm going to arrest you", where upon the owner said" well, I'm about to row out in that boat and dynamite some fish, you're welcome to come with me". So the owner and the warden rowed out and the owner lit the fuse and just sat there watching it burn. The warden started panicking and shouting throw it, throw it! The owner tossed it to the warden who immediately threw it overboard. It blew up and the owner said "arrest yourself" I'm going to have a fish fry!
I love this. True or not it is a great story.
__________________
"It's not a problem... If you can fix it with money it's just an expense"
Red Tide is offline   Reply With Quote
Old 10-17-2017, 07:57 AM   #6
Tyson Brown
Mer*Man*. Mer-MAN!!!
 
Tyson Brown's Avatar
 
Join Date: Jun 2009
Location: New Port Richey, FL
Age: 36
Posts: 1,899
Re: Freshwater Spearfishing in Florida

Florida law makes no exception for spearing in freshwater on private property, as far as I know. I could look it up but I don't feel like it right now.
__________________
< this is a "sherpa."
Tyson Brown is offline   Reply With Quote
Old 10-18-2017, 04:54 PM   #7
FalconSpearo
Registered User
 
FalconSpearo's Avatar
 
Join Date: Jan 2017
Location: Miami
Age: 25
Posts: 72
Re: Freshwater Spearfishing in Florida

If you read my question it specifically mentions why I asked the question: "I would like to take a couple species from this lake and the owner gave me his permission to."
__________________
"Give man a fish, he eats for a day; give man a speargun, he eats for a lifetime." -Mahatma Ghandi
FalconSpearo is offline   Reply With Quote
Old 10-19-2017, 07:29 AM   #8
Tyson Brown
Mer*Man*. Mer-MAN!!!
 
Tyson Brown's Avatar
 
Join Date: Jun 2009
Location: New Port Richey, FL
Age: 36
Posts: 1,899
Re: Freshwater Spearfishing in Florida

Quote:
Originally Posted by FalconSpearo View Post
If you read my question it specifically mentions why I asked the question: "I would like to take a couple species from this lake and the owner gave me his permission to."
Well, that's great and all that he's not going to turn you in! But the property owner doesn't have the authority to exempt you from the consequences of breaking the law. The law does not allow spearfishing in fresh water *anywhere* in Florida. The law specifically prohibits the possession of spear guns on or in fresh water, and it specifically prohibits swimmers from taking fish, period. You're not even technically allowed to use a fishing pole under water to catch a fish.

CHAPTER 68A-23 RULES RELATING TO FRESHWATER FISH
https://www.flrules.org/gateway/read...ile=68A-23.doc

Quote:
68A-23.002 General Methods of Taking Freshwater Fish.
....
(5) Freshwater fish may not be taken by underwater swimming or diving or by use of any free-floating unattached devices, firearms, explosives, electricity, spear guns; by poison, or by any other deleterious substance or force unless specifically authorized by this chapter.
.........
(7) The use or possession of dynamite, traps, nets, seines, baskets, spear guns, any device capable of producing an electrical current sufficient to stun or shock freshwater fish, or any other fishing device or equipment except hook and line, rod and reel, bush hook, set line or trotline is expressly prohibited in or upon the fresh waters of the state unless specifically permitted by these rules or under permit issued by the executive director.
If you search thru chapter 68A-23, you won't find any rule that authorizes the use of any type of spearfishing equipment wielded by a swimmer. The only way its legal is if the executive director of the Florida Wildlife Commission issues you a special permit to allow you to deviate from the law.

All other freshwater spearfishing conducted anywhere in Florida is illegal, NO MATTER WHAT SPECIES YOU'RE SHOOTING.

Not that I like or agree with the law.....
__________________
< this is a "sherpa."
Tyson Brown is offline   Reply With Quote
Old 10-19-2017, 07:39 AM   #9
FalconSpearo
Registered User
 
FalconSpearo's Avatar
 
Join Date: Jan 2017
Location: Miami
Age: 25
Posts: 72
Re: Freshwater Spearfishing in Florida

Quote:
Originally Posted by Tyson Brown View Post
Well, that's great and all that he's not going to turn you in! But the property owner doesn't have the authority to exempt you from the consequences of breaking the law. The law does not allow spearfishing in fresh water *anywhere* in Florida. The law specifically prohibits the possession of spear guns on or in fresh water, and it specifically prohibits swimmers from taking fish, period. You're not even technically allowed to use a fishing pole under water to catch a fish.

CHAPTER 68A-23 RULES RELATING TO FRESHWATER FISH
https://www.flrules.org/gateway/read...ile=68A-23.doc



If you search thru chapter 68A-23, you won't find any rule that authorizes the use of any type of spearfishing equipment wielded by a swimmer. The only way its legal is if the executive director of the Florida Wildlife Commission issues you a special permit to allow you to deviate from the law.

All other freshwater spearfishing conducted anywhere in Florida is illegal, NO MATTER WHAT SPECIES YOU'RE SHOOTING.

Not that I like or agree with the law.....
Thank you, I really appreciate the research.
Welp, looks like Im gonna have to go have a little chat with the executive director of the Florida Wildlife Commission haha
__________________
"Give man a fish, he eats for a day; give man a speargun, he eats for a lifetime." -Mahatma Ghandi
FalconSpearo is offline   Reply With Quote
Old 10-19-2017, 08:34 AM   #10
Tyson Brown
Mer*Man*. Mer-MAN!!!
 
Tyson Brown's Avatar
 
Join Date: Jun 2009
Location: New Port Richey, FL
Age: 36
Posts: 1,899
Re: Freshwater Spearfishing in Florida

__________________
< this is a "sherpa."
Tyson Brown is offline   Reply With Quote
Old 10-19-2017, 11:06 AM   #11
Shotmaster
Registered User
 
Join Date: Apr 2016
Location: Melbourne, FL
Posts: 107
Re: Freshwater Spearfishing in Florida

Quote:
Originally Posted by Red Tide View Post
I love this. True or not it is a great story.
It's a true story the gentleman in question was the cat caterpillar dealer in Birmingham Alabama and I was there when he did it
Shotmaster is offline   Reply With Quote
Old 10-19-2017, 11:07 AM   #12
Shotmaster
Registered User
 
Join Date: Apr 2016
Location: Melbourne, FL
Posts: 107
Re: Freshwater Spearfishing in Florida

He was a very interesting man he also had a Sherman tank in his backyard
Shotmaster is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 06:41 PM.


The World's Largest Spearfishing Diving Social Media Forum Powered by vBulletin® Version 3.8.1
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Copyright ©2002 - 2014 Spearboard.com