Whacking lionfish at BHB ?!?

[B1200]

What's the legality?

November trip I saw one...little dinky fellow. Caught my attention by not my concern I guess. December...2 lionfish, one decent eating size (.75-1lb to me is beyond panfish). What's the scoop? I know FL game/wildlife regs, but seems maybe a little murky here. Tempted to just bring a half-length and sort it out--best to ask forgiveness than permission ideology. Appreciate stay away from piers/swimming beaches etc, but BHB is special and who is going to repair that damage if bureaucrats are busy scratching their stuff instead of sorting it out? There is such a thing as too late...

Anyways, if I stab an unprotected, super invasive, baby snapper-munching lionfish under BHB--and somebody knows or tells--am I clear, paying a fine, or sittin' hard time in Supermax for my transgressions?

I'm pretty good at not shooting snorkelers (and fellow divers) with a friggin pole spear. Can we bust (or easier just overlook) the 100-yard regs????

Please opine

 

[CuzzA]

In this case I'm inclined to say, ask for forgiveness. Kill the bastards before they kill all the native ornamentals.

 

[Johnoly]

What's the legality?......Anyways, if I stab .....

The very 1st thing to know is diving at BHB falls under 2 completely different law enforcement jurisdictions > FWC controls the water column and PBC controls both the beach/parking and the actual sand under the water column.

* FWC says "No spearing 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."
*PBC says "No spearing equipment allowed anywhere on the BHB public beach" (so you can't even walk across with it)

Now if you dive from a boat and meet the above rules and BOUNDARIES you can spear 'near' BHB but not within 100 yards.

Just my humble opinion but bringing a net {not spear}, entering the water at the boat ramps, swimming under the bridge, and returning to the boat ramp upon exiting appears to be legal. Keep in mind that divers underwater are very passionate about all sea life and you may get challenged underwater even outside the boundries. Most divers are not informed of the rules and just refer to friends internet posts incorrectly. If they can't cite a statue or code number then they haven't done the research and are just repeating what others are spinning.

For me personally, I spear in the ocean. But out of a HUGE amount of respect for BHB I don't at the bridge. It's a very unique treasure that we are lucky to have. I also don't pick up bottles, but will pickup fishing line, etc that's not a home for animals. My photography always needs more practice and that's what I do at BHB.

 

[CuzzA]

The very 1st thing to know is diving at BHB falls under 2 completely different law enforcement jurisdictions > FWC controls the water column and PBC controls both the beach/parking and the actual sand under the water column.

* FWC says "No spearing 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."
*PBC says "No spearing equipment allowed anywhere on the BHB public beach" (so you can't even walk across with it)

Now if you dive from a boat and meet the above rules and BOUNDARIES you can spear 'near' BHB but not within 100 yards.

Just my humble opinion but bringing a net {not spear}, entering the water at the boat ramps, swimming under the bridge, and returning to the boat ramp upon exiting appears to be legal. Keep in mind that divers underwater are very passionate about all sea life and you may get challenged underwater even outside the boundries. Most divers are not informed of the rules and just refer to friends internet posts incorrectly. If they can't cite a statue or code number then they haven't done the research and are just repeating what others are spinning.

For me personally, I spear in the ocean. But out of a HUGE amount of respect for BHB I don't at the bridge. It's a very unique treasure that we are lucky to have. I also don't pick up bottles, but will pickup fishing line, etc that's not a home for animals. My photography always needs more practice and that's what I do at BHB.

Good point about just using a net. No need to spear.

 

[Bob DBF]

Tempted to just bring a half-length and sort it out--best to ask forgiveness than permission ideology.

I don't know the law in FL but out in CA when you are cited/arrested for a violation all your gear can be confiscated permanently, including your car if you are loading up after the dive. Just something to keep in mind, if it applies.


Bob

 

[B1200]

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)."

So...seems to me that a 5-foot pole spear, without the spear tip installed, falls outside of this definition. Talking about braining the fish with a blunt, non-penetrating jab to the head instead of "piercing its body".....

What say you?

 

[Johnoly]

....What say you?

LOL!! You don't know our FWC enforcement. There is the 'spirit' of the law and the 'letter' of the law. I wouldn't TEST either one on a given day. It's just not worth losing your license for life, so many other fish in the sea......

 

[Wayward Son]

I stuck a little on there some years ago. Used a little mini hawaiian sling type gizmo. it was made with a SS welding rod, cut to about 12 - 18" long and sharpened to a simple point. a small delrin body with a rubber sling.

a small bit of tubing with a plastic snap clip to attach to a D ring. The tube was about 2" long and the pit fit snugly inside it.

very small & discreet. I killed the little bastich -we knew it was there & were on a mission to find & kill it- and I used shears to cut the fins off & then cut it into 3 pieces for other fish & crabs to eat.