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Florida East Coast Spearfishing Let's talk here about spearing on Florida's Atlantic coast. Reports and other issues about this region belong here.

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Old 04-18-2007, 07:09 AM   #1
spuddiver
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ponce inlet bridge / sheephead pass

Looking for local knowlwdge of the bridges in the area. I have been going to diaspearing island alot, and the water has just been georgous. Wonder what catch is around there or is it worth the headache of heading out there?
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Old 04-18-2007, 07:19 AM   #2
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Re: ponce inlet bridge / sheephead pass

I don't think it's legal to spear around the island. I have H&L'ed around there some and caight a varity of fun stuff with the kids.
I did learn recently (from a commercial friend who talk to the FWC 1st hand) that it is permissable to spear the north side (ocean side) of Ponce jetty from the concrete walk to the end of the rocks AS LONG AS you enter the water with your gun from a boat.
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Old 04-18-2007, 07:42 AM   #3
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Re: ponce inlet bridge / sheephead pass

Quote:
Originally Posted by Gradyman
I don't think it's legal to spear around the island. I have H&L'ed around there some and caight a varity of fun stuff with the kids.
I did learn recently (from a commercial friend who talk to the FWC 1st hand) that it is permissable to spear the north side (ocean side) of Ponce jetty from the concrete walk to the end of the rocks AS LONG AS you enter the water with your gun from a boat.
That is not entirely correct based on FWC laws.


Technically,

Quote:

Within 100 yards of any public swimming beach, or 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 which is above the surface of the sea, except for the last 500 yards of a jetty that extends more than 1500 yards from shoreline.
So, you may spearfish 100 yards away from the beach while being 100 feet from the jetty, up until you are 1500 yards from the shoreline then all is fair. And 100 yards from any bridge that allows the public to fish from them, or 100 yards from your island (being a public beach).
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Old 04-18-2007, 09:37 AM   #4
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Re: ponce inlet bridge / sheephead pass

so, with the "quotes" published here, I'm guessing the answer to his question would be the north causway bridge would still be legal, since there is no public fishing pier close and no fishing from this bridge?
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Old 04-18-2007, 09:50 AM   #5
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Re: ponce inlet bridge / sheephead pass

First of all are you looking to spear or H&L? There is no Ponce inlet bridge... the closest ones are the Port Orange Bridge (Dunlawton) and then there is the North and South Causeways (New Smyrna) but there is no bridge in Ponce. Been in Port Orange 25 yrs but I'm not sure what or where Sheepshead Pass is, not to say there is'nt one, I just haven't heard of it. All of the bridges throughout the area hold fish, Sheeps, Snook, Drum, Ladyfish, sometimes Reds and Tarpon too. For H&L anchoring in front of the bridges upcurrent side of a moving tide and drifting live shrimp, mullet, or pinfish on a sliding sinker rig into the pilings regularly produces. Some guys bring flat shovels with them to scrape barnacles off the pilings and spark a Sheep bite. BIG Sheeps.

However, both Grady and Inlet missed a very important part of spearing in Volusia county... it is illegal to "spearfish" anything anywhere in Volusia County. Inlet quoted you the State law, which is correct also and applies, but you must also ADD Volusia's laws to the mix. There is a catch however.

What Grady and Inlet hopefully eluded to is, there are two exceptions, and two exceptions only, and they are very strict if you are boarded. You may not use a speargun anywhere (in Volusia)(and technically is illegal to posess other than transporting through to Federal waters) the exception is you may use a polespear or gig with three barbs or less to harvest Sheepshead and Flounder only, spearing any other fish anywhere with a gig or using a speargun or powerhead/bangstick in Volusia County is illegal. You can dive any where you want, even the bridges, as long as you don't anchor in a channel and clearly display a dive flag. (You best know your tides if your going to dive bridges in the river)

The below thread may be worth reading through and has all of the pertinant statutes and a description of the "gigging exceptions". You should print them out and have them with you if you go also. Quite a few LEO's need to be... err have been educated on the specifics of the laws...


http://www.spearboard.com/showthread...ce+inlet+jetty

PS If you ever run across a Boston Whaler named Pisces stop and say Hi... were are around Disapearing Island and the Inlet quite a bit.
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Old 04-18-2007, 11:06 AM   #6
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Re: ponce inlet bridge / sheephead pass

very good post ObieWan2bWet, I was actually refering to The north causway in New Smyrna. I wasn't aware of the Volusia regs. My girlfriend lives in Edwater, and I fish (h&l) the lagoon also.
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Old 04-18-2007, 11:30 AM   #7
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Re: ponce inlet bridge / sheephead pass

Quote:
Originally Posted by Winchester
so, with the "quotes" published here, I'm guessing the answer to his question would be the north causway bridge would still be legal, since there is no public fishing pier close and no fishing from this bridge?
As the law would have it and your assumptions are correct, my interpretation is that it would be OK.
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Old 04-18-2007, 11:34 AM   #8
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Re: ponce inlet bridge / sheephead pass

Quote:
Originally Posted by ObieWan2bWet
What Grady and Inlet hopefully eluded to is, there are two exceptions, and two exceptions only, and they are very strict if you are boarded. You may not use a speargun anywhere (in Volusia)(and technically is illegal to posess other than transporting through to Federal waters)
Sorry Mike, but that clause is incorrect. Actually, you need to clarify that the Volusia rule ONLY applies to inland waters, and not to any water beyond the beachline. YOU MAY SPEARFISH WITHIN STATE OFFSHORE WATERS OFF VOLUSIA COUNTY.

I don't know where you got your info from, but mine comes from the FWC.

http://myfwc.com/marine/Regulations/...webJan2007.pdf

Page 11, lower right.

Definition of inland waters is not the same is near-shore state offshore waters. As long as you are 100 yards from the beach, you will be OK.
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Old 04-18-2007, 11:36 AM   #9
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Re: ponce inlet bridge / sheephead pass

Just goes to show you how each FWC officer will probably have a different interpretation and knowledge about it all. I know the guy I spoke of was using a regular gun, but don't know if the FWC officer thought he was polespearing.

I'll stay offshore 15 miles or more!!!!!
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Old 04-18-2007, 11:43 AM   #10
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Re: ponce inlet bridge / sheephead pass

Quote:
Originally Posted by Gradyman
Just goes to show you how each FWC officer will probably have a different interpretation and knowledge about it all. I know the guy I spoke of was using a regular gun, but don't know if the FWC officer thought he was polespearing.

I'll stay offshore 15 miles or more!!!!!

You get that little FREE newsletter they send out 3 times a year, or from any wal-mart, that has all the same stuff I quoted directly printed in it. Then when an argumentative officer reads it, your only interpretation is: Inland vs Offshore. Inland means IN LAND!!!!

No cop is going to argue that one, its a very obvious description. I certainly hope that your 15 miles or more is personal preference and not fear of being boarded by the FWC. From the books of numbers I have from Volusia, there are plenty of nearshore wrecks and reefs that may be hot certain times of the year.

As far as my opinion goes here, it is foolish to not have a copy of that newletter ON THEIR BOAT or WITH THEM while fishing or spearing in florida. Its your tax dollars that print them, use it!!!
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Old 04-18-2007, 12:30 PM   #11
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Re: ponce inlet bridge / sheephead pass

Thanks guys, I put in just south of the inlet. The map i have calls the area just south of it sheephead pass. I am just so used to diving the 520/528/nassau bridges, I didn't know that different counties had different rules. When we went to the island last saturday....that water was so clear i could have shot fish from the deck of my potoon boat!....damn the luck no gun! i was trying to find an area closser to home to dive. Thanks again.
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Old 04-18-2007, 04:36 PM   #12
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Re: ponce inlet bridge / sheephead pass

Quote:
Originally Posted by inletsurf
You get that little FREE newsletter... I certainly hope that your 15 miles or more is personal preference and not fear of being boarded by the FWC. From the books of numbers I have from Volusia, there are plenty of nearshore wrecks and reefs that may be hot certain times of the year.

Got it, but only really ever used it for the sizes and limits part...didn't know they went that "indepth"...

You got that right about Volusia Steve...winter time is great on the inshore wrecks & public numbers!
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Old 04-19-2007, 09:49 AM   #13
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Re: ponce inlet bridge / sheephead pass

Just to be clear... and pay attention there will be a test at the end...

Ahh... a good debate... Steve, just FYI, no where in the law does it say "Inland" on its own, the laws as written say, and I quote "Inland waters of Volusia County", and "salt waters of Volusia County" these laws supercede general state laws, (Special Acts). If you follow your interpretation and spearfish the North Causeway, you will be ticketed, possibly arrested, and risk seizure of your gear.

You may NOT spearfish anywhere in salt or fresh waters of Volusia county.

You MAY only "gig" legal Sheepshead and Flounder in "Salt Water" and "Inland Salt Water" of Volusia. The local definition of a gig, and this is the way local law enfocement interprets the word gig as mentioned along with "barbed spear" in the law, is a single pole with a barbed (not flopper) spear of three prongs or less.

You may NOT spearfish, gig, or even possess a speargun in fresh water in Volusia.

You may NOT possess a speargun where it is prohibited to use in Volusia. It is considered prima facie evidence of a violation should you be caught in the water with gear where it is prohibited.

All state laws as described also apply in Volusia County unless they are in direct conflict with Local Laws, then Local Laws will supercede state laws.

Under normal circumstances you MAY spearfish 100yds off the beach offshore Volusia, (not sure why you would, but anyway) however you may not posess a speargun on the beach, jetties, or parks. Lifeguards and Beach Patrol also have the authority to flag a vessel off 1500 ft. (500 yds) off of, or close the beach if they feel there is or could be a hazard to the public.

Volusia County Sheriff's Marine Patrol and Beach Patrol can under certain circumstances have jurisdiction 3 miles Offshore of Volusia county. Typically events, training, etc. They can also close the beach out 1500 yards offshore during severe weather, dangerous marine life, and physical hazards to the public, so technically, agreed rarely if ever, County jurisdiction can be up to 3 miles offshore of Volusia county. When you get offshore even when you hit federal waters, Volusia County and The Ponce deLeon Port Authority have jurisdiction over all artificial reef sites permitted, placed, and monitored by them, and the Inlet itself.

My info comes from The Marine Fisheries codebook, the same one carried by all Marine Fisheries law enforcement and the same one summarized in the rules pamphlet you quoted, Pg 393 Ch. Local Laws 68b-3.008 Volusia County Special Act., Ch. 68b-20.003, Ch. 46-3, F.A.C., and the Florida State Statutes Title XXVIII Ch. 370.172, and the Ponce deLeon Port Authority.

Any Questions?
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Last edited by ObieWan2bWet; 04-19-2007 at 10:05 AM.
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Old 04-19-2007, 10:35 AM   #14
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Re: ponce inlet bridge / sheephead pass

Thanks for clarifiing all that Mike...guess my buddy got lucky...and as I said...15 miles or more for me...well maybe 12!!
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Old 04-19-2007, 10:45 AM   #15
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Re: ponce inlet bridge / sheephead pass

Mike, everything you listed above does not say that you cannot spear within offshore state waters. All you need to understand is that you are allowed to spear 100 yd from the coastline extending out into state waters and into federal waters. What you wrote here below is completely untrue, since the laws only apply to fresh and salt waters inside the major land mass aka "inland".

Quote:
Originally Posted by Originally Posted by ObieWan2bWet
You may not use a speargun anywhere (in Volusia)(and technically is illegal to posess other than transporting through to Federal waters)
Quote:
Originally Posted by Originally Posted by ObieWan2bWet
Ahh... a good debate... Steve, just FYI, no where in the law does it say "Inland" on its own, the laws as written say, and I quote "Inland waters of Volusia County", and "salt waters of Volusia County" these laws supercede general state laws, (Special Acts). If you follow your interpretation and spearfish the North Causeway, you will be ticketed, possibly arrested, and risk seizure of your gear.

You may NOT spearfish anywhere in salt or fresh waters of Volusia county.
That is not listed anywhere in the laws. You can be as conservative as you want for your own self, but no officer is going to ticket me spearing 1/4 mile off the coastline, and if he does, he will have a very embarrassing day in court. Especially if you show him the EXACT clause I posted from the newsletter above. Read it without responding before you do, like you just did. County waters do not extend the same as state waters. Inland means any body of water inside the major land mass. What don't you understand about the interpretation of a law on a free newsletter/regulations sheet that the FWC prints and distributes on their very own accord?

Here is what it says, in their own handout they give to all recreational anglers which you should have on your boat. Now this is verbatim, not an "interpretation" of mine.
Quote:
Originally Posted by FWC
You may not spear, bowfish, or gig:

In Volusia county inland waters with the exception of flounder and sheepshead using a spear with 3 or fewer prongs.
Also, why do they call coastline to 3 miles out "state waters" if you imply it is "county waters"

Now I ain't no rocket scientist anymore, but I believe I saw the word "inland" in that clause. Now how simple is that to understand? If you want to turn this into a pissing match, you are on your own. ***** a god damn debate, I'm too busy for this shit, however, I cannot bear for an over-conservative person to misinterpret the laws for everyone else on this forum, like Gradyman, to assume as correct through your perpetual insistence. You may want to call up a FWC representative and have them explain it to you, because obviously my simple logic and reading skills don't give me enough credibility for such a legal eagle as yourself.

Yes I was incorrect about spearing by bridges in INLAND waters which is obviously illegal at this point, but I'm absolutely correct about the rules I gave for anywhere past 100 yards East side of the coastline, with additional rules applying to jetties and piers.

Last edited by inletsurf; 04-19-2007 at 11:12 AM.
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