Blue Heron Bridge Trolls

[Reck Diver]

Unfortunately, they've modified the 'No Take' signs to read 'Commercial collection of marine tropicals is prohibited....' Kinda gives the hobbyists a free pass.

Actually, the signs now accurately reflect what is unlawful. The recreational hobbyist is no more given a free pass than anyone else exercising activities entitled by a valid Florida Fishing License. What they are doing is legal, and harassing them is not (it's a class one misdemeanor). Actually one could say it is the diver given a free pass, since fisherman and boaters pay for licenses, registrations and excise taxes on gear and tackle. These moneys go in to projects such as the snorkeling trail at Phil Foster Park, Mangrove Plantings at Snook Islands (which help improve water quality), and artificial reef programs inshore, near shore and off shore. To the best of my knowledge, divers (except those that have fishing licenses, contribute nothing.

I am pretty sure dumpster diver and Reck diver ( both of which like to defend what they consider "legal collecting or spearing") would agree that you can not legally wade into the water from any beach in the BHB area, with a polespear or speargun. It does not matter if the spearfisher plans on swimming to far away from the BHB, they can't enter or exit with the gun in the water.
I believe if they had a kayak or paddleboard, and the gun was tied down/stowed, whatever, they could launch at BHB, but could still NOT spear in the park waters.

And the key is Park Waters. A few years ago a topographic survey of Phil Foster Park showed actual park waters are quite limited. The submerged lands are owned by the state, parts are leased to the county until 2016. Should you choose to legally spear fish, one place you may enter the water is on the North side for instance where the only park water is around the docks.

 

[Biminitwist]

Actually, the signs now accurately reflect what is unlawful. The recreational hobbyist is no more given a free pass than anyone else exercising activities entitled by a valid Florida Fishing License. What they are doing is legal, and harassing them is not (it's a class one misdemeanor). Actually one could say it is the diver given a free pass, since fisherman and boaters pay for licenses, registrations and excise taxes on gear and tackle. These moneys go in to projects such as the snorkeling trail at Phil Foster Park, Mangrove Plantings at Snook Islands (which help improve water quality), and artificial reef programs inshore, near shore and off shore. To the best of my knowledge, divers (except those that have fishing licenses, contribute nothing.



And the key is Park Waters. A few years ago a topographic survey of Phil Foster Park showed actual park waters are quite limited. The submerged lands are owned by the state, parts are leased to the county until 2016. Should you choose to legally spear fish, one place you may enter the water is on the North side for instance where the only park water is around the docks.

I can tell you what I was told by the park ranger in Phil Foster Park last month.
Collection of tropicals (of any kind, quantity etc.) was ILLEGAL from the park, and to notify the lifeguard if necessary to contact the rangers by radio and they would handle it.
Spearfishing is a separate issue and is under the auspice of FWC, contacting them by phone is usually all that is necessary.
That is said by a diver that has both a saltwater fishing license and the ability to hunt somewhere other than a petting zoo
Personally, I will interfere, and harass what is ILLEGAL collection and has nothing to do with a class one misdemeanor.
Most people are just unaware, but there are definitely some a-holes out there.
I advocate speaking with a ranger there and making up your own mind.
John

 

[DMDavid]

I'm no expert on the laws governing Spearfishing but I do believe that my understanding from the FWC site is that Spearfishing is NOT permitted at Phil Foster Park because of the following.

Spearfishing is defined as "the catching or taking of a fish through the instrumentality of a hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, operated by a person swimming at or below the surface of the water."
The use of powerheads, bangsticks, and rebreathers remains prohibited. The following is a list of species that are prohibited for harvest by spearing. Any other species not listed that are managed by the Commission, and those species not managed by the Commission, may be harvested by spearing.

• Billfish (all species)
• Spotted eagle ray
• Sturgeon
• Manta ray
• Sharks
• Bonefish
• Tarpon
• Goliath Grouper
• Snook
• Blue Crab
• Nassau grouper
• Spotted seatrout
• Red drum
• Weakfish
• Stone Crab
• Pompano
• African pompano
• Permit
• Tripletail
• Lobster
• Families of ornamental reef fish (surgeonfish, trumpetfish, angelfish, butterflyfish, porcupinefish, cornetfish, squirrelfish, trunkfish, damselfish, parrotfish, pipefish, seahorse, puffers, triggerfish except gray and ocean)

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.)

 

[Scuba_Jenny]

I'm no expert on the laws governing Spearfishing but I do believe that my understanding from the FWC site is that Spearfishing is NOT permitted at Phil

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

• 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.

there.. that is the essence of the law...
Lionfish collection must be done by other means at BHB.

 

[dumpsterDiver]

I can tell you what I was told by the park ranger in Phil Foster Park last month.
Collection of tropicals (of any kind, quantity etc.) was ILLEGAL from the park, and to notify the lifeguard if necessary to contact the rangers by radio and they would handle it.
Spearfishing is a separate issue and is under the auspice of FWC, contacting them by phone is usually all that is necessary.
That is said by a diver that has both a saltwater fishing license and the ability to hunt somewhere other than a petting zoo
Personally, I will interfere, and harass what is ILLEGAL collection and has nothing to do with a class one misdemeanor.
Most people are just unaware, but there are definitely some a-holes out there.
I advocate speaking with a ranger there and making up your own mind.
John

I have written documentation that recreational collection is legal at that site. It sounds like the County has revised the signage to make it consistent with my understanding of the applicable rules. Is it possible that a "Park Ranger" may not be fully aware of the applicable statutes?

Maybe you should consider pursuing some type of written confirmation of the rules before you engage in activity that might, in itself, be illegal, especially since there appears to be such a wide a divergence in opinion with respect to this location.

 

[Reck Diver]

I can tell you what I was told by the park ranger in Phil Foster Park last month.
Collection of tropicals (of any kind, quantity etc.) was ILLEGAL from the park, and to notify the lifeguard if necessary to contact the rangers by radio and they would handle it.
Spearfishing is a separate issue and is under the auspice of FWC, contacting them by phone is usually all that is necessary.
That is said by a diver that has both a saltwater fishing license and the ability to hunt somewhere other than a petting zoo
Personally, I will interfere, and harass what is ILLEGAL collection and has nothing to do with a class one misdemeanor.
Most people are just unaware, but there are definitely some a-holes out there.
I advocate speaking with a ranger there and making up your own mind.
John

Before you act hasty, relying on the legal counsel of a Palm Beach County Park Ranger.... be advised, behind that snappy uniform is a $15 and change / hr county employee who had to produce a valid FL drivers license and a GED diploma to qualify for the position. Not exactly the legal basket where I'd want to put my eggs.

 

[DMDavid]

I thought the city of Riviera Beach was voting on making Phil Foster Park a Marine sanctuary?

Did I dream that or was that actually a reality?

 

[Reck Diver]

I thought the city of Riviera Beach was voting on making Phil Foster Park a Marine sanctuary?

Did I dream that or was that actually a reality?

Not a dream, there was a failed attempt, though it would have to be approved by both Palm Beach county and the FWC, not the City of Riviera Beach.

Public Meeting to Discuss Proposed Marine Sanctuary in Riviera Beach

This link will give you some information on the initiative.

 

[trigfunctions]

Hi all - I'm heading up for the 4:33 high tide today. It sounds like the conditions have been pretty good the last few days. Anyone else going to be there?

 

[PHIL RUDIN]

Hello All,

I know this is off the topic of the BHB but thought you might want to comment in the attached thread by a dive operator in Barbados who is taking tourists on day trips to handle and be photographed with turtles. This is much worse than anything I have seen at the bridge. I have already sent an e-mail to the Barbados Sea Turtle Project letting them know about the issue. Can't beleave that in 2012 dive operators are still doing these kinds of things. I did an article on the Barbados Sea Turtle Project a few months ago for UWPMAG.com and thought that their would be a higher level of awareness amoung Barbados dive operators.

Phil Rudin

http://www.scubaboard.com/forums/un...ho-really-know-about-under-water-cameras.html

https://skydrive.live.com/redir?resid=EA951A0EBE556BC0%2135403&authkey=%21AEtdFX06txFEj2k

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