Belzelbub
Contributor
Some of this has already been answered for FL, but as I skimmed through I didn't find one important aspect to Spearfishing in the states.
Depending on where you are in the state, there are a number of different rules and organizations regarding spearing. Spearfishing is not permitted in the Upper Keys in Monroe County, and until fairly recently was also not permitted off of Collier County. Apart from those differences, the rules for the rest of the state waters are the same.
Spearing on scuba is permitted.
Use of powerheads to harvest is not permitted. I always carry one for shark defense.
Certain species of fish can not be harvested by spearing. (Basically any fish classified as a gamefish)
Spearing in Freshwater is illegal.
All of that is for spearfishing in FL state waters (inside of 3nm on the Atlantic side, and inside of 9nm on the Gulf side)
Outside of that, federal rules apply, and the federal rules differ in the Atlantic or in the gulf. Generally, the differences will be in bag limits, size limits, and open seasons. Though I've heard that rebreather use while spearing is prohibited in State & South Atlantic Federal waters, but was OK in Gulf Federal waters. I don't use a rebreather, so haven't kept up on whether this may have changed in the Gulf.
The bag, size, and seasons can be a big mess. The way the rules are, if you only fish in federal waters, you can keep any fish open for federal waters even if closed in state waters provided you do not stop in State waters. If you go on a trip and stop in both state and federal waters, you'll have to use the more restrictive rules for the different fish.
Powerheads: Like above, they are sometimes legal, and sometimes not. In FL state waters, harvesting fish with a powerhead is illegal, though in Gulf Federal waters, using powerheads for harvest is legal on certain fish. Allowable Gear : Gulf of Mexico Fishery Management Council
If you happen to have a powerhead, you may unintentionally run afoul of federal firearms rules. Certain powerheads contain a firing pin. If it contains a firing pin, it may be considered a firearm by itself, which could then be considered a short-barreled rifle (SBR), which is why you often see a pole or length of shaft attached to the powerhead. I use a slip-on type. This type of powerhead does not have a firing pin. The spear itself becomes the firing pin. So, when the powerhead is attached to the spear, it is over the minimum length, so you are good, it can only be considered a firearm when on the tip of the spear. I don't know of anyone who was charged with possession of a SBR when they had one of those powerheads, but per the rules, it is possible.
Depending on where you are in the state, there are a number of different rules and organizations regarding spearing. Spearfishing is not permitted in the Upper Keys in Monroe County, and until fairly recently was also not permitted off of Collier County. Apart from those differences, the rules for the rest of the state waters are the same.
Spearing on scuba is permitted.
Use of powerheads to harvest is not permitted. I always carry one for shark defense.
Certain species of fish can not be harvested by spearing. (Basically any fish classified as a gamefish)
Spearing in Freshwater is illegal.
All of that is for spearfishing in FL state waters (inside of 3nm on the Atlantic side, and inside of 9nm on the Gulf side)
Outside of that, federal rules apply, and the federal rules differ in the Atlantic or in the gulf. Generally, the differences will be in bag limits, size limits, and open seasons. Though I've heard that rebreather use while spearing is prohibited in State & South Atlantic Federal waters, but was OK in Gulf Federal waters. I don't use a rebreather, so haven't kept up on whether this may have changed in the Gulf.
The bag, size, and seasons can be a big mess. The way the rules are, if you only fish in federal waters, you can keep any fish open for federal waters even if closed in state waters provided you do not stop in State waters. If you go on a trip and stop in both state and federal waters, you'll have to use the more restrictive rules for the different fish.
Powerheads: Like above, they are sometimes legal, and sometimes not. In FL state waters, harvesting fish with a powerhead is illegal, though in Gulf Federal waters, using powerheads for harvest is legal on certain fish. Allowable Gear : Gulf of Mexico Fishery Management Council
If you happen to have a powerhead, you may unintentionally run afoul of federal firearms rules. Certain powerheads contain a firing pin. If it contains a firing pin, it may be considered a firearm by itself, which could then be considered a short-barreled rifle (SBR), which is why you often see a pole or length of shaft attached to the powerhead. I use a slip-on type. This type of powerhead does not have a firing pin. The spear itself becomes the firing pin. So, when the powerhead is attached to the spear, it is over the minimum length, so you are good, it can only be considered a firearm when on the tip of the spear. I don't know of anyone who was charged with possession of a SBR when they had one of those powerheads, but per the rules, it is possible.
