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[Bill McIntyre]

Perhaps instead of a citation, the warden could have waited until the second diver returned from the bathroom, or verified with the warden who checked their catch at the water's edge. At least, that's what I would have done, circumstances permitting.

They said it was the same warden.

 

[BatRay]

Ah, so it was a Me, Myself, & Irene game warden.

 

[thisisnotmatt]

Hey guys, i new to spearfishing and need help with some basic questions.

(I will mainly be shore hunting with a polespear near destin in march)


1) Ive read up on the laws of spearfishing but some are unclear and vague. For example, " you must be 100 yards out form shore when spearfishing". I understand the safety concern but what if a marine officer stops me when im coming back to land with my fish? Whose to say that i was 100 yards out while spearfishing?(im not trying to break the rules, i just dont want to be punished for doing the right thing and it looks as though im breaking the law).
Hey guys, i new to spearfishing and need help with some basic questions.


2) I have heard that i will need a rash guard. Will my under armor work? they seem like the same material or will i need to buy a actual rash guard?


Thanks for the info,
Matthttp://forums.deeperblue.com/editpost.php?do=editpost&p=903689

 

[BatRay]

Section 28.90(a) No person may possess or use a spear within 100 yards of the mouth of any stream in any ocean waters north of Ventura County.

Is this the section you're referring to? It specifies the mouths of rivers and streams, so if you stay away from those, you should be fine, unless there's another section in question.

Under armor should work, though you will probably need a neoprene wetsuit if you're in California waters.

 

[growingupninja]

Thisisnotmatt:
I have speared off Destin several times although never from shore (usually many miles offshore in deep water). I would need to double check but I think there are rules that prohibit spearing within 100 yards of any place where people are h&l fishing, which makes bridges typically off limits, as well as many breakwalls. And somebody local may be able to help you but I think breakwalls may be illegal to spear around, and if it is legal to spear in the water it may well be a ticketable offense to set foot on the wall. I don't even swim off the beaches around Destin anymore; last time I was out having fun, surface swimming in a strong current near a point for training, some well meaning asshole just assumed that anyone out there must be in sort of trouble and called lifeguards who swarmed the beach, etc. Nice to know they have emergency responders but really obnoxious when I just wanted to swim.

As far as transiting a no fishing zone, the wording at least in California is 'equipment deployed in the water'. So if you are swimming through the zone with a loaded speargun, you could definitely be cited. If you are on a kayak or surfboard with your unloaded gun out of the water on the 'vessel' you'd be fine. Swimming with an unloaded gun (assuming you have no vessel) might be a gray area up to an individual warden's discretion.

I think it is very difficult to be in full compliance around Destin and shoredive...

Oh yeah and as far as a rashguard, underarmor would probably fine. It would protect from jellyfish and sun but be very limited as far as protecting you coral or overly friendly remora, etc. March water isn't super warm but if you have good cold water tolerance it is perfectly doable. And if you are in shallow water (near shore) with a pole spear you're probably going to be moving around a lot which will keep you warm. Many of dive shops sell insulated 2mm beanies. Something like that will go a long way for not much $$.

 

[growingupninja]

@batray
Destin is in northwest Florida.

 

[Bill McIntyre]

I tend to think that, in both cases, the warden was technically right. Even with the abs, the friend was technically in possession. However, there are times to be judicious about enforcement. Perhaps instead of a citation, the warden could have waited until the second diver returned from the bathroom, or verified with the warden who checked their catch at the water's edge. At least, that's what I would have done, circumstances permitting.

Wow! a thread comes to life after 11 years. I guess anything about abalone is moot now. It's illegal to take them anywhere in the state.