The continuing sagas of the Blue Heron Bridge

[dumpsterDiver]

Yes, you are confused. Not all divers are the macho fish killer type that can dive down and stab a flat fish lying on the bottom. Some divers are young and should dive shallow, some divers are disabled and need ease of entry, but then again some divers just want serious bottom time with cool critters.

You may have posted the video just to stir the pot, but everything about it was lame and like it or not, the truth is it was illegal.

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I like to scuba dive there as well. I was just poking fun at Dan...At least he stopped calling me immoral and now uses words like self respecting and talented..Progress it seems.

BTW. There was nothing illegal about the activity (based on my research).

 

[adurso]

I like to scuba dive there as well. I was just poking fun at Dan...At least he stopped calling me immoral and now uses words like self respecting and talented..Progress it seems.

BTW. There was nothing illegal about the activity (based on my research).

If you are basing your opinion of legality upon your interpretation of "spearing" you are incorrect; "spearing" by FL definition takes place with the actuation above water. If one is below the water the activity is "spearfishing", which if within 100 yards of blah blah is indeed unlawful

 

[dumpsterDiver]

If you are basing your opinion of legality upon your interpretation of "spearing" you are incorrect; "spearing" by FL definition takes place with the actuation above water. If one is below the water the activity is "spearfishing", which if within 100 yards of blah blah is indeed unlawful

I've not seen that definition, do you have reference for this?

 

[Splitlip]

BTW. There was nothing illegal about the activity (based on my research).

You missed my earlier post. According to the FWC Captain and Lieutenant I met yesterday, it was illegal. Per the Captain, they have opened an investigation. (I did not drop a dime on you, , I just asked the question. They asked if the "YouTube video" prompted my question.) They have seen the video. You should be proud. Video was reported by dozens.

How far FWC will go to find the diver to serve an NTA, I can't say. He did mention some interesting things I just decided should not be posted.

I frankly am glad you posted the video. You enraged so many people and steeled their commitment to see the BHB a sanctuary.

 

[Splitlip]

I've not seen that definition, do you have reference for this?

See my post above. FWC has seen the video. It is illegal.

From FWC website:

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."

 

[dumpsterDiver]

From FWC website:

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."

That is exactly correct. However the "instrumentality" depicted in the video is inconsistent with those definitions (as explained to me by FWC staff).

Therefore, since neither a spear nor lance was utilized, then "spearfishing" is not depicted in the video. Spearing is depicted in the video and that IS allowed within the 100 yd distance from a designated fishing pier (per FWC Staff).

It is a little confusing.

 

[Splitlip]

That is exactly correct. However the "instrumentality" depicted in the video is inconsistent with those definitions (as explained to me by FWC staff).

Therefore, since neither a spear nor lance was utilized, then "spearfishing" is not depicted in the video.

LOL.

When I made my first post days ago, I expected you to question the "lance" v. "Knife". I am not an attorney. I am somebody who has seen my share of legal actions.

Although "knives" are not specifically mentioned in the definition of spearfishing, "spearing is defined as "the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing its body". How short does the haft of a "lance" become before it is no longer a "lance"? Based on the law, I think a reasonable man would say somebody spearing while in or under the water is spearfishing.

I suspect your attorney would advise you to plead out. "Res ipsa loquitur" I always remember from B-Law 101. Still, fact is the diver might need to "tell it to the judge". I have no idea with whom you spoke at FWC, but I spoke to the local chief. The "cops" say it is a crime and they told me they are looking for the diver.

 

[divebob8]

By definition a bayonet when attached to a rifle is considered a spear. IMO, the knife when it's thrusted by your arm is a spear.
My further $.02. Why the heck would you try to harvest a flounder that small, and in addition, proudly attach the mini monster to your weight belt. Made me sick!. Rant over.

 

[Splitlip]

DD: as I said earlier. Your video has done great things in support of the "cause".

By definition a bayonet when attached to a rifle is considered a spear. IMO, the knife when it's thrusted by your arm is a spear.
My further $.02. Why the heck would you try to harvest a flounder that small, and in addition, proudly attach the mini monster to your weight belt. Made me sick!. Rant over.

 

[Splitlip]

Spearing is defined as "the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing its body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking)."

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."