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Old 07-06-2012, 06:51 PM   #1
anthropisces
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Unicorn Filefish

I asked the following question on the FWC website

"To whom it may concern,

It is unclear to me whether I may spear Aluteras Monceras in federal waters.

I freedive and spearfish out of Palm Beach and Jupiter inlets. Much of my freediving is done in the bluewater, up to ten miles out. Some of my
spearfishing is also done within state waters. I want to comply with all regulations.

Please reply to let me know whether I may spear Aluteras Monoceras in federal waters"

This was the reply

"You cannot spear them"
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Old 07-11-2012, 08:45 PM   #2
djsmits305
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Re: Unicorn Filefish

Typical fwc response. Most locals down here know the law better than our officers.

I got pulled over once on a 12ft jonboat w/40lb thrust trolling motor for not having it registered. The law clearly states registration is not required unless it's powered by a 9.9hp+
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Old 07-11-2012, 09:33 PM   #3
skinneej
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Re: Unicorn Filefish

Why would you want to spear them anyway? They are too skinny to have any meat on them.
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Old 07-11-2012, 09:39 PM   #4
skinneej
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Re: Unicorn Filefish

That being said, they aren't one of the 83 species regulated by the federal government (aka SAFMC). So, it's really up to the state to determine what the law is.

Looking on the web, I found this:
http://myfwc.com/fishing/saltwater/r...arium-species/

There is a section for filefish... Note the rules about collection methods and keeping them alive in your live well. So, I would interpret this as a no-spear...
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Old 07-11-2012, 09:43 PM   #5
skinneej
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Re: Unicorn Filefish

Also, found something even more official for you:
http://myfwc.com/fishing/saltwater/r...es-by-species/

Click on "Ornamentals" and you get this link:
https://www.flrules.org/gateway/Chap...Chapter=68B-42

Click on "Gear specifications and allowable gear" and you get this link:
https://www.flrules.org/gateway/RuleNo.asp?title=MARINE LIFE&ID=68B-42.007


Check out this one though "Designation of Restricted Species"
https://www.flrules.org/gateway/RuleNo.asp?title=MARINE LIFE&ID=68B-42.001

They mention "Filefish" but list "any species in family Balistidae

The species you mention is in family: Monacanthidae which is NOT listed as restricted species...

So, actually I don't see them listed as a restricted species... I think that the intent of the law would declare them as ornamental and probably would be protected, but the letter of the law does not seem to declare them as such...

But, is it really worth fighting in court?
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