Lobsters Hunting and rebreathers.

[Shadowcat1911]

Does anyone know if it is legal to harvest lobster while diving on a rebreather, specifically in Florida? I know spear fishing is not allowed on a rebreather, unless hunting lion fish. I have reached out to the FWC and am awaiting an official response from them. I have been unable to find anything specifically outlawing it when searching Florida regulations. Thought I would ask here and see if anyone else has spoken to the FWC or has any knowledge on the subject.

Thanks in advance!

 

[CuzzA]

Does anyone know if it is legal to harvest lobster while diving on a rebreather, specifically in Florida? I know spear fishing is not allowed on a rebreather, unless hunting lion fish. I have reached out to the FWC and am awaiting an official response from them. I have been unable to find anything specifically outlawing it when searching Florida regulations. Thought I would ask here and see if anyone else has spoken to the FWC or has any knowledge on the subject.

Thanks in advance!

The myth that will never die. Spearfishing is legal in Federal waters. 3 miles off East Coast. 9 miles off West Coast. Don't recall CCR being prohibited gear for bugs, but haven't researched it. I doubt it's illegal.

 

[Johnoly]

Does anyone know if it is legal to harvest lobster while diving on a rebreather, specifically in Florida? ...

ILLEGAL

The language is very clear in FS68B-4.012

(2) Rebreathers.

(a) Except for persons harvesting lionfish (genus Pterois), no person diving in state waters by means of a rebreather shall harvest any marine species.

This language is so broad that it even applies to unregulated species. This is for state waters as @CuzzA stated. Feds a different story.


Edited to comment add,

I used to dive on a charter with rebreather divers and I spearfish. We were boarded for inspection and the officer saw rebreather's on the boat along with my speargun. I keep my harvest separate from others in the cooler with fish and bugs inside a white mesh laundry bag with my name clearly written on the fabric. The officer stated that it was illegal to have both a rebreather and fish and or spearfishing equipment on the vessel at the same time. We discussed the actual language of 68B-4.012 and agreed that it would be the officer's discretion on “intent” vs “letter of the law” and who would win in a court argument before a judge's interpetation. The officer agreed it could go either way in court, but made his point, but did not write a violation. He mentioned that the harvest inside of a “named” bag tipped the scales in my favor and would be difficult to argue in court. So if you are going to dive with others that use rebreathers, it's just good insurance to store your catch in a 'separate identified container' just incase you run into an officer having a bad day.