Section 68B-4.012 - Diving: Powerheads and Rebreathers, Use to Harvest Fish in State Waters Prohibited; Definition; Spearfishing Marine Species in Fresh Water Prohibited(1) Powerheads. (a) No person shall use any powerhead to harvest any fish in state waters. Powerheads may be possessed while diving in state waters for the purpose of personal protection.(b) The possession of any fish other than lionfish that has been harvested with a powerhead, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.(c) The term "harvest" for purposes of this subsection means the catching or taking of a fish by killing or wounding it, followed by a reduction of such fish to possession.(2) Rebreathers.(a) Except for persons harvesting lionfish (genus Pterois), no person diving in state waters by means of a rebreather shall harvest any marine species. Use of rebreathers for any nonconsumptive purpose is allowed in state waters.(b) The possession of any fish other than lionfish that has been harvested by a person diving in state waters by means of a rebreather, aboard a vessel fishing or at rest in state waters, shall constitute a violation of this subsection.(c) The term "harvest" for purposes of this subsection means the catching or taking of a marine species by any means, followed by a reduction of the species to possession, whether or not the species has been killed or wounded.(3) Spearfishing: No person shall harvest or attempt to harvest any marine species by the use of any hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, while diving in fresh water.Fla. Admin. Code Ann. R. 68B-4.012
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 11-26-92, Amended 7-15-96, 1-1-97, Formerly 46-4.012, Amended 7-1-01, 3-1-05, Amended by Florida Register Volume 40, Number 151, August 5, 2014 effective 8/1/2014.New 11-26-92, Amended 7-15-96, 1-1-97, Formerly 46-4.012, Amended 7-1-01, 3-1-05, 8-1-14.