ICW question

[wailinmacs]

i know this has been covered but i couldn't find it from past posts. what are the rules for metaldetectors in the ICW in Florida ?. also the islands in the ICW.?

 

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[Sapper23]

Wailinmacs,


The law was cover last year, forgot where on the Net, just check with the Local
FWC or DEP office, Low key: the ruling was no more detecting on ANY intercoastal waterways.
if pre-say you where caught detecting an island: Just say: your hunting for Alum. cans!
for gas money.

good luck

 

[G.I.B.]

What law says you can't use a MD on the ICW?

 

[stevemc]

I thought the only place you couldnt was on treasure leases, and in State parks(unless you have permission from the man), or National Seashores. I never heard the ICW thing either.

 

[pcolaboy]

FYI...

I was allowed to MD the beach on Big Lagoon State Park last weekend that borders the ICW a few miles west of Pensacola.

Pcolaboy

 

[billinstuart]

All submerged navigable lands in Florida are owned by the state, for the use and enjoyment of its citizens. Kinda like a state park. Same rules, too. Ties in with riparian rights, which are also controlled by the state.

 

[Peg Leg]

I understad that a SHIP that is larger than 70 feet in lenght can only be stopped in the ICW by only the COAST GUARD and CANNOT BE BOARDED by the State of Sheriffs Dept.
It is the INTER COASTAL WATERWAY.
Peg leg

 

[wailinmacs]

All submerged navigable lands in Florida are owned by the state, for the use and enjoyment of its citizens. Kinda like a state park. Same rules, too. Ties in with riparian rights, which are also controlled by the state.

so is that a no then ? no detecting even in the non-navigable shalows ? what about the islands ? what about under a dock or a party sandbar?

 

[Ascholten]

but if it's low tide and not submerged then it is no longer owned by the state? J/K

Ive detected the ICW a lot and have never had any problems. Had the FWC stop by a few times chatting asking if I found anything but nobody saying get out. I guess they were just more suprised that I was taking the time to actually pick up trash too that they decided im of no harm really. ::shrug::

Then on that, what technically is 'claimed' as the ICW??, the main channel, or any rivulet that carries water in it? Ive been well... up the creeks I guess you could say a few times too and been finding some decent stuff, a few coins, some artifacts, and yes, a ton of beer cans, well, beer can remnants as they do seem to rot fairly quickly. I end up picking up much more plastic / glass as trash than cans to recycle.

Id say just be careful which part of the land you decide to step off onto, make sure it is not someone's yard, or a marina,or. well you get the idea.

Im heading out this weekend again on my boat to my spot and if I pass any FWC on the way there Ill definately ask them for an 'official' ruling, or guidance as to where I might be able to find the information. If I find something out Ill post it here as this is definately an excellent question and for those of us who do this, something we really need to know.

Aaron

 

[Sapper23]

Aaron,


when you talk to the FWC or DEP . call him or her "Snapperhead" , you will get
the right answer then.

Good luck

 

[wailinmacs]

thanks for the replies.

 

[stevemc]

Because the land or water is owned by the state, doesnt mean it is like a state park. The beach is also owned by the state and out 3 or 9 miles by the state and you can detect there, and in lakes and rivers of the state. As far as I know, you can detect in the ICW, but you cannot dive in the actual channel, at least you may get ticketed for that, as it could get your killed. I will until I see a written law.

 

[G.I.B.]

Diving in the marked confines of the ICW is a violation as you become a 'hazard to navigation'.

As long as you stay outside the marked channel you should have no problem. Using a MD along the ICW has the same rules and regulations attached as the coastal waters. The same rules apply if a portion of the ICW goes thru State Preserves.

Common sense applies.

 

[abacopirate]

Peg Leg, Captain friend of mine was stopped on ICW on a 110 foot boat by the local cops and ticked with a real big fine. Several thousand dollars. Over registration of the boat.This was two years ago.

 

[ScubaFinder]

There are absolutely NO laws regarding the use of a metal detector, at all. The law prohibits recovering any items older than 50 years old. It goes for all navigable waters everywhere in the state. If you remove an artifact, THEN and only then are you not in compliance with the law. It is a simple mis-demeanor (ticket) if you didn't move any overburden to get it, but it becomes a felony if they can prove you moved sand or mud to get to the artifact.

They can ask you to leave if they feel you are in anyway harming the environment, impeding navigation, or endangering yourself or others in some way. If an officer of any sorts asks you to leave, be polite and do as he asks and you'll be fine. When asked "have you found anything?" the answer is always no. The only exception is in the leased areas of the ocean, which are off limits for metal detecting unless you are diving from a boat that owns the lease or a sub-contract on an existing lease.

Jason

 

[paddy.mick]

Jason's right, nothing illegal about detecting for the most part-it's a gateway issue-meaning, you've likely a reason to be approached. So, be nice or the brown shirts will do away with the hobby. Local Rangers do have a say in how preserves are run though, and are able to set specific, i.e. inconsistent, policy.

This isn't a great comparison but it's a fun comparison: others perhaps remember a day when open drinks in the car was legal, drunk driving was obviously the crime. The problem was not the open bottle but what likely was to eventually occur, but law enforcement found it too tough to sort out, so now you have no open containers allowed. My "it's just recycling, officer" story no longer holds either.
Make it too tough for law enforcement to give us a break in the water, and they'll convert to laws like they have in some other states, such as no MD's in public places.
Enjoy, but be a friendly citizen.
My couple a cents worth,
Paddy

 

[Ascholten]

If he asks you if you found anything and you lie and say no, you will be searched, and now that you lied, it's pretty much a felony at that point, they will blow it up into one because you lied. These officers all have big binoculars and there's a very very good chance that before he stopped by you, he has already been watching what you been up to.

Now what you do is, keep a few pieces of crappy trinkets, a few rotten zinc pennies or whatever, and when asked say, yah, these miserable things is all I got, show him 'something' and he should leave you alone if you don't cause trouble.

Still a lie but one that will be much harder to land you in hot water. Or, make sure you find some actual garbage and show him that, then there is no lying and your conscience is clear.

aaron

 

[G.I.B.]

If he asks you if you found anything and you lie and say no, you will be searched, and now that you lied, it's pretty much a felony at that point, they will blow it up into one because you lied.

In what state is telling a lie a felony? Lying is not an anything in Florida. (not including the obstruction of an investigation or attempting to conceal your identity crimes)

The cops, for the most part, are not 'out to get us'. If your swinging a metal detector where you have a legal right to be... welcome to America.

If he asks me what I found, I'll show him. Why make anything up? (unless your stealing something) If you took a poll of all the TN members I believe you would be surprised at the number of active duty law enforcement officers that own metal detectors and are just being friendly.

If your nice, generally polite and have made an honest mistake being someplace your not supposed to be, in all probability you will simply be asked to leave.

Why hide something your not doing wrong?

 

[Ascholten]

I was commenting on the remark of, always tell them no you didn't find anything. Yes the cops probably will let you go, BUT if they SEEN you metal detecting, SEEN you pick stuff up, then come up and ask, hey ya find anything and you say no, THEN they are going to be out to get you. No Lying is not a felony, but digging up 'artifacts' might very well be, and if you pissed the cop off by flat out lying to him, and he wants to, he will push that felony charge and haul you off and confiscate your stuff, or even just a tresspassing or whatever charge to make you go through the drill for your bold face lie to him.

There's no need to lie, but on that hand, there's no need to also openly divulge everything you found either. Depending on what area you happen to be in, even if you 'oopsie' I made a boo boo and are not supposed to be there, no they don't have to tell you, oh well gee golly you have to leave, they can and will arrest you in some areas.

Oh and finally, if YOU, a COP or anyone come up to me and asked me, hey, ya find anything, if I found something sweet, guess what, Im going to tell you NO or I am only going to show you the trinkets. Why you ask, simple, because as you said, yes many of the cops do metal detect and if you tell him, or pretty much anyone for that matter....holy crap dude lookie what I found, next thing you know him and 15 of his buddies are going to be all up in your area cleaning it out. Ive seen THAT happen time and time again as well.

 

[wailinmacs]

wow.. thanks for the replies. that's all great news and advice.. i bet the average city cop don't even know about the '50year' law . but i know what not to do know..