Florida Laws

Florida Dive and Game Laws



Marine Life Species

46-42.001 Purpose and Intent; Designation of Restricted Species; Definition of "Marine Life Species".--

(1)(a) The purpose and intent of this chapter are to protect and conserve Florida's tropical marine life
resources and assure the continuing health and abundance of these species. The further intent of this
chapter is to assure that harvesters in this fishery use nonlethal methods of harvest and that the fish,
invertebrates, and plants so harvested be maintained alive for the maximum possible conservation and
economic benefits.

(b) It is the express intent of the Marine Fisheries Commission that landing of live rock propagated
through aquaculture will be allowed pursuant to the provisions of this chapter.

(2) The following fish species, as they occur in waters of the state and in federal Exclusive Economic Zone
(EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section
370.01(20), Florida Statutes:

(a) Moray eels - Any species of the Family Muraenidae. (b) Snake eels - Any species of the Genera
Myrichthys and Myrophis of the Family Ophichthidae. (c) Toadfish - Any species of the Family
Batrachoididae. (d) Frogfish - Any species of the Family Antennariidae. (e) Batfish - Any
species of the Family Ogcocephalidae. (f) Clingfish - Any species of the Family Gobiesocidae. (g)
Trumpetfish - Any species of the Family Aulostomidae. (h) Cornetfish - Any species of the Family
Fistulariidae. (i) Pipefish/seahorses - Any species of the Family Syngnathidae. (j)
Hamlet/seabass - Any species of the Family Serranidae, except groupers of the genera Epinephalus and
Mycteroperca, and seabass of the genus Centropristis. (k) Basslets - Any species of the Family
Grammistidae. (l) Cardinalfish - Any species of the Family Apogonidae.
(m) High-hat, Jackknife-fish, Spotted drum, Cubbyu - Any species of the genus Equetus of the Family
Sciaenidae. (n) Reef Croakers - Any of the species Odontocion dentex. (o) Sweepers - Any species of the
Family Pempherididae. (p) Butterflyfish - Any species of the Family
Chaetodontidae. (q) Angelfish - Any species of the Family Pomacanthidae. (r) Damselfish - Any species of
the Family Pomacentridae. (s) Hawkfish - Any species of the Family Cirrhitidae. (t)
Wrasse/hogfish/razorfish - Any species of the Family Labridae, except hogfish, Lachnolaimus maximus. (u)
Parrotfish - Any species of the Family Scaridae. (v) Jawfish - Any species of the Family Opistognathidae.
(w) Blennies - Any species of the Families Clinidae or Blenniidae. (x) Sleepers - Any species of the Family
Eleotrididae. (y) Gobies - Any species of the Family Gobiidae. (z) Tangs and surgeonfish - Any species of
the Family Acanthuridae. (aa) Filefish/triggerfish - Any species of the Family Balistes, except gray
triggerfish, Balistidae
capriscus. (bb) Trunkfish/cowfish - Any species of the Family Ostraciidae. (cc)
Pufferfish/burrfish/balloonfish - Any of the following species: 1. Balloonfish - Diodon holocanthus. 2.
Sharpnose puffer - Canthigaster rostrata. 3. Striped burrfish - Chilomycterus schoepfi.

(3) The following invertebrate species, as they occur in waters of the state and in federal Exclusive
Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species
pursuant to Section 370.01(20), Florida Statutes:

(a) Sponges - Any species of the Class Demospongia, except sheepswool, yellow, grass, glove, finger, wire,
reef, and velvet sponges, Order Dictyoceratida.

(b) Upside-down jellyfish - Any species of the Genus Cassiopeia.

(c) Siphonophores/hydroids - Any species of the Class Hydrozoa, except fire corals, Order Milleporina.

(d) Soft corals - Any species of the Subclass Octocorallia, except sea fans Gorgonia flabellum and
Gorgonia ventalina.

(e) Sea anemones - Any species of the Orders Actinaria, Zoanthidea,
Corallimorpharia, and Ceriantharia.

(f) Featherduster worms/calcareous tubeworms - Any species of the Families Sabellidae and Serpulidae.

(g) Star-shells - Any of the species Astraea americana or Astraea phoebia.

(h) Nudibranchs/sea slugs - Any species of the Subclass Opisthobranchia.

(i) Fileclams - Any species of the Genus Lima.

(j) Octopods - Any species of the Order Octopoda, except the common
octopus, Octopodus vulgaris.

(k) Shrimp - Any of the following species:

1. Cleaner shrimp and peppermint shrimp - Any species of the Genera
Periclimenes or Lysmata.

2. Coral shrimp - Any species of the Genus Stenopus.

3. Snapping shrimp - Any species of the Genus Alpheus.

(l) Crabs - Any of the following species:

1. Yellowline arrow crab - Stenorhynchus seticornis.

2. Furcate spider or decorator crab - Stenocionops furcata.

3. Thinstripe hermit crab - Clibanarius vittatus.

4. Polkadotted hermit crab - Phimochirus operculatus.

5. Spotted porcelain crab - Porcellana sayana.

6. Nimble spray or urchin crab - Percnon gibbesi.

7. False arrow crab - Metoporhaphis calcarata.

(m) Starfish - Any species of the Class Asteroidea, except the Bahama
starfish, Oreaster reticulatus.

(n) Brittlestars - Any species of the Class Ophiuroidea.

(o) Sea urchins - Any species of the Class Echinoidea, except longspine
urchin, Diadema antillarum, and sand dollars and sea biscuits, Order
Clypeasteroida.

(p) Sea cucumbers - Any species of the Class Holothuroidea.

(q) Sea lillies - Any species of the Class Crinoidea.

(4) The following species of plants, as they occur in

waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are
hereby designated as restricted species pursuant to Section 370.01(20), Florida Statutes:

(a) Caulerpa - Any species of the Family Caulerpaceae.

(b) Halimeda/mermaid's fan/mermaid's shaving brush - Any species of the Family Halimedaceae.

(c) Coralline red algae - Any species of the Family Corallinaceae.

(5) For the purposes of Section 370.06(2)(d), Florida Statutes, the term
"marine life species" is defined to mean those species designated as
restricted species in subsections (2), (3), and (4) of this rule.

Specific Authority 370.01(20), 370.027(2), 370.06(2)(d), F.S. Law
Implemented 370.01(20), 370.025, 370.027, 370.06(2)(d), F.S. History -- New 1-1-91, Amended 7-1-92,
1-1-95.

46-42.002 Definitions.-- As used in this rule chapter:

(1) "Barrier net," also known as a "fence net," means a seine used beneath the surface of the water by a
diver to enclose and concentrate tropical fish and which may be made of either nylon or monofilament.

(2) "Drop net" means a small, usually circular, net with weights attached along the outer edge and a single
float in the center, used by a diver to enclose and concentrate tropical fish.

(3) "Hand held net" means a landing or dip net as defined in Rule 46-4.002(4), except that a portion of the
bag may be constructed of clear plastic material, rather than mesh.

(4) "Harvest" means the catching or taking of a marine organism by any
means whatsoever, followed by a reduction of such organism to possession. Marine organisms that are
caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition,
temporary possession of a marine animal for the purpose of measuring it to determine compliance with the
minimum or maximum size requirements of this chapter shall not constitute harvesting such animal,
provided that it is measured immediately after taking, and immediately returned to the water free, alive,
and unharmed if undersize or oversize.

(5) "Harvest for commercial purposes" means the taking or harvesting of any tropical ornamental marine
life species or tropical ornamental marine plant for purposes of sale or with intent to sell. The harvest of
tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limit shall
constitute a violation of this rule.

(6) "Land," when used in connection with the harvest of marine organisms, means the physical act of
bringing the harvested organism ashore.

(7) "Live rock" means rock with living marine organisms attached to it.

(8) "Octocoral" means any erect, nonencrusting species of the Subclass
Octocorallia, except the species Gorgonia flabellum and Gorgonia ventalina.

(9) "Slurp gun" means a self-contained, handheld device that captures
tropical fish by rapidly drawing seawater containing such fish into a closed chamber.

(10) "Total length" means the length of a fish as measured from the tip of the snout to the tip of the tail.

(11) "Trawl" means a net in the form of an elongated bag with the mouth kept open by various means and
fished by being towed or dragged on the bottom."Roller frame trawl" means a trawl with all of the
following features and specifications:

(a) A rectangular rigid frame to keep the mouth of the trawl open while being towed.

(b) The lower horizontal beam of the frame has rollers to allow the trawl to roll over the bottom and any
obstructions while being towed.

(c) The trawl opening is shielded by a grid of vertical bars spaced no more than 3 inches apart.

(d) The trawl is towed by attaching a line or towing cable to a tongue located above or at the center of
the upper horizontal beam of the frame.

(e) The trawl has no doors attached to keep the mouth of the trawl open.

(12) "Tropical fish" means any species included in subsection (2) of Rule 46-42.001, or any part thereof.

(13) "Tropical ornamental marine life species" means any species included in subsections (2) or (3) of Rule
46-42.001, or any part thereof.

(14) "Tropical ornamental marine plant" means any species included in
subsection (4) of Rule 46-42.001.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History -- New 1-1-91,
Amended 7-1-92, 1-1-95.

46-42.003 Prohibition of Harvest: Longspine Urchin, Bahama Starfish.-- No person shall harvest, possess
while in or on the waters of the state, or land any of the following species:

(1) Longspine urchin, Diadema antillarum.

(2) Bahama starfish, Oreaster reticulatus.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History -- New 1-1-91,
Amended 7-1-92.

46-42.0035 Live Landing and Live Well Requirements.--

(1) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine
plant shall land such marine organism alive.

(2) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine
plant shall have aboard the vessel being used for such harvest a continuously circulating live well or
aeration or oxygenation system of adequate size and capacity to maintain such harvested marine
organisms in a healthy condition.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History -- New 7-1-92.

46-42.0036 Harvest in Biscayne National Park Prohibited; Exception.--

(1) No person shall harvest any tropical ornamental marine life species or any tropical ornamental marine
plant within Biscayne National Park, unless such person possesses a valid collecting permit issued by the
superintendent of the park.

(2) For purposes of this rule, the term "Biscayne National Park" shall mean all waters lying within the
boundaries of the park as described in Rule 46-28.004(2).

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History -- New 7-1-92.

46-42.004 Size Limits.--

(1) Angelfishes.-

(a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the
state, or land any of the following species of angelfish, of total length less than that set forth below:

1. One-and-one-half (1 1/2) inches for:

a. Gray angelfish (Pomacanthus arcuatus).

b. French angelfish (Pomacanthus paru).

2. One-and-three-quarters (1 3/4) inches for:

a. Blue angelfish (Holacanthus bermudensis).

b. Queen angelfish (Holacanthus ciliaris).

3. Two (2) inches for rock beauty (Holacanthus tricolor).

(b) No person shall harvest, possess while in or on the waters of the state, or land any angelfish (Family
Pomacanthidae), of total length greater than that specified below:

1. Eight (8) inches for angelfish, except rock beauty (Holacanthus tricolor).

2. Five (5) inches for rock beauty.

(c) Except as provided herein, no person shall purchase, sell, or exchange any angelfish smaller than the
limits specified in paragraph (a) or larger than the limits specified in paragraph (b). This prohibition shall
not apply toangelfish legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ)
waters adjacent to state waters, which angelfish are entering Florida in interstate or international
commerce. The burden shall be upon any person possessing such angelfish for sale or exchange to establish
the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale,
or bill(s) of lading, and any customs receipts, and to show that such angelfish originated from a point
outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) waters adjacent to
Florida waters and entered the state in interstate or international commerce. Failure to maintain such
documentation or to promptly produce same at the request of any duly authorized law enforcement
officer shall constitute a violation of this rule.

(2) Butterflyfishes.--

(a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the
state, or land any butterflyfish (Family Chaetodontidae) of total length less than one (1) inch.

(b) No person shall harvest, possess while in or on the waters of the state, or land any butterflyfish of
total length greater than 4 inches.

(3) Gobies -- No person shall harvest, possess while in or on the waters of the state, or land any gobie
(Family Gobiidae) of total length greater than 2 inches.

(4) Jawfishes -- No person shall harvest, possess while in or on the waters of the state, or land any
jawfish (Family Opistognathidae) of total length greaterthan 4 inches.

(5) Spotfin and Spanish hogfish --

(a) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish
(Bodianus rufus) of total length less than 2 inches.

(b) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish
(Bodianus rufus) or spotfin hogfish (Bodianus pulchellus) of total length greater than 8 inches.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History -- New 1-1-91,
Amended 7-1-92, 1-1-95.

46-42.005 Bag limit.--

(1) Except as provided in Rule 46-42.006 or subsections (3) or (4) of this rule, no person shall harvest,
possess while in or on the waters of the state, or land more than 20 individuals per day of tropical
ornamental marine life species, in any combination.

(2) Except as provided in Rule 46-42.006, no person shall harvest, possess while in or on the waters of the
state, or land more than one (1) gallon per day of tropical ornamental marine plants, in any combination of
species.

(3) Except as provided in Rule 46-42.006, no person shall harvest, possess while in or on the waters of the
state, or land more than 5 angelfishes (Family Pomacanthidae) per day. Each angelfish shall be counted for
purposes of the 20 individual bag limit specified in subsection (1) of this rule.

(4)(a) Unless the season is closed pursuant to paragraph (b), no person shall harvest, possess while in or on
the waters of the state, or land more than 6 colonies per day of octocorals. Each colony of octocoral or
part thereof shall be considered an individual of the species for purposes of subsection (1) of this rule and
shall be counted for purposes of the 20 individual bag limit specified therein. Each person harvesting any
octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the
holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral.

(b) If the harvest of octocorals in federal Exclusive Economic Zone (EEZ)
waters adjacent to state waters is closed to all harvesters prior to
September 30 of any year, the season for harvest of octocorals in state
waters shall also close until the following October 1, upon notice given by the Secretary of the
Department of Environmental Protection, in the manner provided in s. 120.52(16)(d), Florida Statutes.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S.History -- New 1-1-91,
Amended 1-1-95.

46-42.006 Commercial Season, Harvest Limits.--

(1) Except as provided in Rule 46-42.008(7), no person shall harvest, possess while in or on the waters of
the state, or land quantities of tropical ornamental marine life species or tropical ornamental marine
plants in excess of the bag limits established in Rule 46-42.005 unless such person possesses a valid
saltwater products license with both a marine life fishery endorsement and a restricted species
endorsement issued by the Department of Environmental Protection.

(2) Persons harvesting tropical ornamental marine life species or tropical ornamental marine plants for
commercial purposes shall have a season that begins on October 1 of each year and continues through
September 30 of the following year. These persons shall not harvest, possess while in or on the waters of
the state, or land tropical ornamental marine life species in excess of the following limits:

(a) A limit of 75 angelfish (Family Pomacanthidae) per person per day or 150 angelfish per vessel per day,
whichever is less.

(b) A limit of 75 butterflyfishes (Family Chaetodontidae) per vessel per day.

(c) There shall be no limits on the harvest for commercial purposes of
octocorals unless and until the season for all harvest of octocorals in federal Exclusive Economic Zone
(EEZ) waters adjacent to state waters is closed. At such time, the season for harvest of octocorals in
state waters shall also close until the following October 1, upon notice given by the Secretary of the
Department of Environmental Protection, in the manner provided in Section 120.52(16)(d), Florida
Statutes. Each person harvesting any octocoral as authorized by this rule may also harvest substrate
within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate
remains attached to the octocoral.

(d) A limit of 400 giant Caribbean or "pink-tipped" anemones (Genus
Condylactus) per vessel per day.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S.History - New 1-1-91,
Amended 7-1-92, 1-1-95.

46-42.007 Gear Specifications and Prohibited Gear.--

(1) The following types of gear shall be the only types allowed for the harvest of any tropical fish,
whether from state waters or from federal Exclusive Economic Zone (EEZ) waters adjacent to state
waters:

(a) Hand held net.

(b) Barrier net, with a total length not exceeding 60 feet, a depth not
exceeding 8 feet at any point along the net, and a mesh size not exceeding 3/4 inch stretched mesh.

(c) Drop net, with a maximum dimension not exceeding 12 feet and a mesh size not exceeding 3/4 inch
stretched mesh.

(d) Slurp gun.

(e) Quinaldine may be used for the harvest of tropical fish if the person using the chemical or possessing
the chemical in or on the waters of the state meets each of the following conditions:

1. The person also possesses and maintains aboard any vessel used in the harvest of tropical fish with
quinaldine a special activity license authorizing the use of quinaldine, issued by the Division of Marine
Resources of the Department of Environmental Protection pursuant to Section 370.08(8), Florida
Statutes.

2. The quinaldine possessed or applied while in or on the waters of the state is in a diluted form of no more
than 2% concentration in solution with seawater. Prior to dilution in seawater, quinaldine shall only be
mixed withisopropyl alcohol or ethanol.

(f) A roller frame trawl operated by a person possessing a valid live bait
shrimping license issued by the Department of Environmental Protection
pursuant to Section 370.15, Florida Statutes, if such tropical fish are taken as an incidental bycatch of
shrimp lawfully harvested with such trawl.

(g) A trawl meeting the following specifications used to collect live specimens of the dwarf seahorse,
Hippocampus zosterae, if towed by a vessel no greater than 15 feet in length at no greater than idle
speed:

1. The trawl opening shall be no larger than 12 inches by 48 inches.

2. The trawl shall weigh no more than 5 pounds wet when weighed out of the water.

(2) This rule shall not be construed to prohibit the use of any bag or containerused solely for storing
collected specimens or the use of a single blunt rod in conjunction with any allowable gear, which rod
meets each of the following
specifications:

(a) The rod shall be made of nonferrous metal, fiberglass, or wood.

(b) The rod shall be no longer than 36 inches and have a diameter no greater than 3/4 inch at any point.

(3) No person shall harvest in or from state waters any tropical fish by or with the use of any gear other
than those types specified in subsection (1); provided, however, that tropical fish harvested as an
incidental bycatch of other species lawfully harvested for commercial purposes with other types of gear
shall not be deemed to be harvested in violation of this rule, if the quantity of tropical fish so harvested
does not exceed the bag limits established in Rule 46-42.005.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S.History -- New 1-1-91,
Amended 7-1-92, 1-1-95, 9-30-96.

46-42.008 Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing
Allowed.--

(1) No person shall harvest any live rock in or from state waters or land any live rock harvested in or from
state waters, except as may be provided in subsection (3).

(2) No person shall sell, within the State of Florida, any live rock harvested in or from federal Exclusive
Economic Zone (EEZ) waters adjacent to state waters unless such person possesses a saltwater products
license with both a marine life fishery endorsement and a restricted species endorsement.

(3) Subsection (1) shall not apply to:

(a) Any person possessing a saltwater products license with a marine life endorsement harvesting and
landing live rock cultured on state submerged lands leased from the State of Florida. Rock used for such
culture shall be of a readily distinguishable geologic character from rock native to the area or be securely
marked or tagged so as to differentiate the cultured rock from naturally occuring live rock. The rock
shall be placed on leased submerged lands by the lease-holder or a person possessing written authorization
from the lease-holder.

(b) Any person lawfully harvesting substrate as part of the harvest of
octocorals pursuant to Rule 46-42.005(4) or Rule 46-42.006(2)(c).

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 370.027, F.S. History -- New 7-1-92,
Amended 10-18-93, 1-1-95.

46-42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception;
Repeal of Section 370.114, Florida Statutes.--

(1) Except as provided in subsection (2), no person shall take, attempt to take, or otherwise destroy, or
sell, or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina,
or any hard or stony coral (Order Scleractinia) or any fire coral (Genus Millepora). No person shall possess
any such fresh, uncleaned, or uncured sea fan, hard or stony coral, or fire coral.

(2) Subsection (1) shall not apply to:

(a) Any sea fan, hard or stony coral, or fire coral legally harvested outside of state waters or federal
Exclusive Economic Zone (EEZ) waters adjacent to state waters and entering Florida in interstate or
international commerce.The burden shall be upon any person possessing such species to establish the chain
of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s)
of lading, and any customs receipts, and to show that such species originated from a point outside the
waters of the State of Florida or federal Exclusive Economic Zone (EEZ) adjacent to state waters and
entered the state in interstate or international
commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly
authorized law enforcement officer shall constitute a violation of this rule.

(b) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to permit issued by
the Department of Environmental Protection for scientific or educational purposes as authorized in
Section 370.10(2), Florida Statutes.

(c) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to the aquacultured
live rock provisions of Rule 46-42.008(3)(a) or pursuant to a Live Rock Aquaculture Permit issued by the
National Marine Fisheries Service under 50 C.F.R. Part 638 and meeting the following requirements:

1. Persons possessing these species in or on the waters of the state shall also possess a state submerged
lands lease for live rock aquaculture and a Department of Environmental Protection permit for live rock
culture deposition and removal or a federal Live Rock Aquaculture Permit. If the person possessing these
species is not the person named in the documents required herein, then the person in such possession shall
also possess written permission from the person so named to transport aquacultured live rock pursuant to
this exception.

2. The nearest office of the Florida Marine Patrol shall be notified at least 24 hours in advance of any
transport in or on state waters of aquacultured live rock pursuant to this exception.

3. Persons possessing these species off the water shall maintain and
produce upon the request of any duly authorized law enforcement officer sufficient documentation to
establish the chain of possession from harvest on a state submerged land lease for live rock aquaculture
or in adjacent Exclusive Economic Zone (EEZ) waters pursuant to a federal Live Rock Aquaculture Permit.

4. Any sea fan, hard or stony coral, or fire coral harvested pursuant to Rule 46-42.008(3)(a) shall remain
attached to the cultured rock.

(3) It is the intent of this rule to effect the repeal and replacement of Section370.114, Florida Statutes.
The Commission has determined that the repeal of this statute will not adversely affect the marine coral
resources of the State of Florida.

Specific Authority 370.027(2), F.S.; Section 6, Chapter 83-134, Laws of
Florida, as amended by Chapter 84-121, Laws of Florida. Law Implemented
370.025, 370.027, F.S.; Section 6, Chapter 83-134, Laws of Florida, as
amended by Chapter 84-121, Laws of Florida. History - New 1-1-95.

Spearfishing

Spearfishing is responsible for the certification of many a diver. Part of being a responsible diver is
knowing how to do it safely (you can take scuba courses on spearfishing for extensive instruction)
and doing it legally. For scuba diving visitors to this area, and those who need a refresher, here are
current Florida spearfishing regulations . . .

Spearfishing is hereby prohibited:

(a) Within 100 yards of all public bathing beaches.

(b) Within 100 yards of all commercial or public fishing piers.

(c) Within 100 yards of that portion of any bridge where public fishing is legally permitted.

(d) Within 100 feet of the unsubmerged portion of any jetty, except that spearfishing shall be allowed
along the last 500 yards
of any jetty that extends more than 1,500 yards from the shoreline. (e) In or on any body of water
under the jurisdiction of the
Division of Recreation and Parks of the Department of Environmental Protection. Possession of
spearing equipment in or on
any body of water under the jurisdiction of the Division of Recreation and Parks is prohibited except
when such equipment is
not loaded and is properly stored upon watercraft passing nonstop through such marine waters.
(3) The taking of fish by spearing shall be subject to and consistent with present and future bag
limits, size limits, and seasons
applicable to other fishermen of this state.
(4) The sale of fish lawfully taken by spearing shall be subject to the same regulations and limitations
applicable to other
fishermen in this state.
(5) Nothing in this chapter shall be construed as allowing the taking, harvesting, molesting or killing
of any fish by spearing when
taking, harvesting, molesting or killing such fish is otherwise prohibited by law.
(6) It is unlawful to buy, sell, offer to buy or sell, exchange, transport or possess any fish, or part
thereof, taken or harvested in
violation of this chapter.
(7) The use of powerheads, bangsticks, and rebreathers is prohibited as specified in Rule 68B-4.012,
Florida Administrative
Code.





68B-20.005 Prohibited Harvest of Certain Species.-- The spearing of the following species and
species groups is prohibited:

(1) Billfish (species of the genus Xiphias, Istiophorus. Makaira, and Tetrapturus).
(2) Sturgeon (Acipenser oxyrhynchus)
(3) Tarpon (Megalops atlanticus).
(4) Bonefish (Albula vulpes).
(5) Jewfish (Epinephelus itajara).
(6) Nassau grouper (Epinephelus striatus).
(7) Permit (Trachinotus falcatus).
(8) Pompano (Trachinotus carolinus).
(9) African pompano (Alectis ciliaris).
(10) Sharks as defined in Rule 68B-44.002, Florida Administrative Code.
(11) Spotted eagle ray (Aetobatus narinari).
(12) Manta ray (species of the genus Manta and Mobula).
(13) Snook (species of the genus Centropomus).
(14) Red drum (Sciaenops ocellatus).
(15) Spotted seatrout (Cynoscion nebulosus).
(16) Weakfish (Cynoscion regalis),
(17) Tripletail (Lobotes surinamensis).
(18) Surgeonfish (family Acanthuridae).
(19) Trumpetfish (family Aulostomidae).
(20) Angelfish and butterflyfish (family Chaetodontidae).
(21) Porcupinefish (family Diodontidae).
(22) Cornetfish (family Fistulariidae).
(23) Squirrelfish (family Holocentridae).
(24) Trunkfish (family Ostraciidae).
(25) Damselfish (family Pomacentridae)
(26) Parrotfish (family Scaridae).
(27) Pipefish and Seahorse (family Sygnathidae).
(28) Puffers (family Tetraodontidae).
Accomplishments and Commendations and an Introduction to the Gang

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Last modified: July 29,2004