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Spear Gun fishing in Ireland

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  • 31-07-2007 12:28pm
    #1
    Registered Users Posts: 3,125 ✭✭✭


    Hi all, I am a surfer who brings snorkeling gear wherever I go in case there are no waves. Am I right in presuming spear gun fishing is illegal?

    Thanks in advance...


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Comments

  • Registered Users Posts: 615 ✭✭✭rahtkennades


    As far as I know yes it is illegal. As is diving for lobster. And right too. Fishies are there to be looked at, not stuck with a big spike.


  • Registered Users Posts: 986 ✭✭✭Jambo


    lightening ,

    I definitley think its illegal here as my bro regulary heads off spearfishing around Hook Head , and there are plenty and he purchases most of his equipment from a reputable Gun dealer ( Who I doubt would be risking the chance of loosing his firearms trading licence for the sake of a few inexpensive spear guns )

    Most fishing and outdoor shops are now stocking spear guns and you can pick up a fairly decent one for around €60


  • Registered Users Posts: 3,125 ✭✭✭lightening


    As far as I know yes it is illegal. As is diving for lobster. And right too. Fishies are there to be looked at, not stuck with a big spike.

    Oh right. I'm not a vegetarian I'm afraid... but I will stick to the old rod and hook then. I knew about the Lobster diving rule, didn't actually know it applied to snorkelers too. (could you snorkel that deep?)

    Thanks.


  • Registered Users Posts: 3,125 ✭✭✭lightening


    Jambo wrote:
    Most fishing and outdoor shops are now stocking spear guns and you can pick up a fairly decent one for around €60

    Thanks Jambo, can't find any legislation on it.


  • Registered Users Posts: 986 ✭✭✭Jambo


    Forgot to say in my earlier post that there might be some restrictions on what you can catch but dont take me on it . Ill find out this weekend and ill post back what I find


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  • Registered Users Posts: 3,125 ✭✭✭lightening


    Jambo wrote:
    there might be some restrictions on what you can catch but dont take me on it . Ill find out this weekend and ill post back what I find

    Oh yeah, good point, thanks.


  • Registered Users Posts: 615 ✭✭✭rahtkennades


    lightening wrote:
    Oh right. I'm not a vegetarian I'm afraid... but I will stick to the old rod and hook then. I knew about the Lobster diving rule, didn't actually know it applied to snorkelers too. (could you snorkel that deep?)

    Thanks.

    Oh hang on, don't be insulting me!! ;)
    I'm no vegetarian, I like a rare steak as much as the next guy. I just think fish are good fun to dive with, and don't fancy the idea of fish in shore locations being speared. What would I watch when I was diving?!!
    AFAIK the rule on divers picking shellfish applies to any diver, SCUBA or snorkel.


  • Registered Users Posts: 2,758 ✭✭✭Peace


    Hmm, it was my understanding that it was ok to snorkely and take shell fish.

    Its been suggested on boats that if a diver were to put a few lobby's in a mesh bad and leave them a couple of meters under the surface then no law would be broken. Then afterward if he was to snorkel in the same area and find the mesh bag and retrieve said lobby's then still, no law would be broken.

    I don't know where to view the law that states that divers cannot take shellfish so i can't back that up..


  • Registered Users Posts: 3,125 ✭✭✭lightening


    don't fancy the idea of fish in shore locations being speared. What would I watch when I was diving?!!

    I seriously doubt I'm going to make a big impact on the shore stocks to be honest.

    AFAIK the rule on divers picking shellfish applies to any diver, SCUBA or snorkel.

    I'm not really sure if your right there to be honest.


  • Registered Users Posts: 2,758 ✭✭✭Peace


    lightening wrote:
    I seriously doubt I'm going to make a big impact on the shore stocks to be honest.

    I would completely agree with you on that one. If you think about the impact that bottom dragging nets does to the sea floor and the amount of by catch that is brought up and compare it to the tiny amount of divers having almost no impact on fish stocks (even if everyone carried a spear!!!!... the law becomes pretty stupid.


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  • Registered Users Posts: 615 ✭✭✭rahtkennades


    Peace,
    I agree with you about the terrible impact of bottom trawling on the marine environment, and of other types of unsustainable trawling.
    But I just did a quick "Trawl" :rolleyes: on the interweb and came up with the following regarding spearing:

    ftp://ftp.fao.org/fi/document/gfcm/sac_scmee/2001/y0620e.pdf
    GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEAN WORKING GROUP ON MARINE ENVIRONMENT AND ECOSYSTEMS

    45. During the discussion Mr Michael Darmanin asked Profs. Relini what specific management measures were used to achieve protection and recovery for E. marginatus. The latter replied that this was achieved by the setting of Marine Reserves/Protected Areas and banning of spear fishing with scuba gear. This is especially so since for this particular species the larger organisms are the males and thus since spear fishing is selective, it creates an imbalance of sex ratio.

    http://www.environment.gov.au/coasts/publications/somer/annex3/sa.html
    State of the Marine Environment Report for Australia: State and Territory Issues - Technical Annex 3
    Some legal protection has been given to several marine species in South Australia, including the Leafy Seadragon (Phycodurus eques) which is completely protected. This unusual fish resembles the fronds of seaweed amongst which it lives. It is now completely protected in South Australia because demand for aquarium specimens threatened the species with extinction. The Blue Groper (Achoerodus gouldii), a large attractive reef fish which has been depleted by spear fishing activity, is protected within the gulfs but can still be caught and used as bait to catch other fish. There has also been recent proposals for complete protection of the Great White Shark (Carcharodon carcharius) (Rohan et al. 1992).

    http://www.earthdive.com/site/aboutus/ecord.asp
    Recommendation:
    5. Take only what you need. The marine environment is a valuable source of food for mankind and it is important that it remains so into the future. If you are among those divers who enjoy taking food from the sea, observe some simple rules.
    • Obtain any necessary permits or licences.
    • Comply with all relevant fish and game regulations. These are designed to protect and preserve fish stocks, the environment and other users.
    • Only take what you can eat. If you catch it and can't eat it, put it back.
    • Never kill for the sake of 'sport'.
    • Avoid spear fishing in areas populated by other divers or visitors to the area, or where you might cause collateral damage.

    I know you say that it's only a tiny number being taken by a tiny few divers, but it's kind of like shooting elephants. People only want to take the largest males because they have the best tusks. So you end up with no large males, leaving an unbalance in the ecosystem.
    And once one person does it, everybody will want a piece of the action.


  • Registered Users Posts: 3,125 ✭✭✭lightening


    • Obtain any necessary permits or licences.
    • Comply with all relevant fish and game regulations. These are designed to protect and preserve fish stocks, the environment and other users.
    • Only take what you can eat. If you catch it and can't eat it, put it back.
    • Never kill for the sake of 'sport'.
    • Avoid spear fishing in areas populated by other divers or visitors to the area, or where you might cause collateral damage.

    I know you say that it's only a tiny number being taken by a tiny few divers, but it's kind of like shooting elephants. People only want to take the largest males because they have the best tusks. So you end up with no large males, leaving an unbalance in the ecosystem.
    And once one person does it, everybody will want a piece of the action.

    Good advice. There is no other divers in the area. I will be snorkeling, so the chances of actually catching anything is slim. I would love to catch two fish to eat. Just like fishing with a rod.


  • Registered Users Posts: 615 ✭✭✭rahtkennades


    lightening wrote:
    Good advice. There is no other divers in the area. I will be snorkeling, so the chances of actually catching anything is slim. I would love to catch two fish to eat. Just like fishing with a rod.

    Fair nuff. I'm no pulpit-thumper, I eat fish too. :rolleyes: I just don;t like when people have a cavalier attitude to these things, like "Oh one lobster won't wipe them out", or "Oh one cigarette butt won't make any difference". Too many people seem to have that kind of attitude, it's what has the country filthy and getting worse!

    As long as you're catching for food, I suppose it's okay.

    BTW I don't know if any fish are inedible, but I'd say most taste like old boots!!


  • Registered Users Posts: 14,906 ✭✭✭✭CJhaughey


    Spearfishing is legal in the Sea in Ireland, only exceptions are Salmonids, Trout etc, Bass have a size limit and 2 per day.
    Freshwater spearfishing is banned no exceptions.
    Scuba divers cannot take shellfish, because they use breathing apparatus that allows them to breathe below the surface.
    Snorkelers are not using apparatus that allow them to breathe below the surface, a snorkel does not count as apparatus.
    There is a byelaw from the 1960s signed by my namesake that details shellfish collecting.
    edit, Skindiving for shellfish #533 1966.


  • Registered Users Posts: 3,125 ✭✭✭lightening


    Thanks for clearing that up Charlie. I had a feeling that was the story, I just wasn't sure.


  • Closed Accounts Posts: 1,843 ✭✭✭Clare gunner


    Dunno where they are getting this that the med is depleted of fish.I was diving last week in Ponza,Italy,and there are still plenty of fish,albeit little things.And every Italian dive shop stocks spear guns of all types.


  • Registered Users Posts: 310 ✭✭csm


    CJhaughey wrote:
    Spearfishing is legal in the Sea in Ireland, only exceptions are Salmonids, Trout etc, Bass have a size limit and 2 per day.
    Freshwater spearfishing is banned no exceptions.
    Scuba divers cannot take shellfish, because they use breathing apparatus that allows them to breathe below the surface.
    Snorkelers are not using apparatus that allow them to breathe below the surface, a snorkel does not count as apparatus.
    There is a byelaw from the 1960s signed by my namesake that details shellfish collecting.
    edit, Skindiving for shellfish #533 1966.


    do you know what the story is with regard to enforcement of the 'no shellfish while diving' rule?

    for example, as Peace was saying earlier, if you put shellfish in a mesh bag while diving, left them underwater, took off the scuba gear, then snorkelled down to retrieve them, it would seem like an obvious way around the law.

    i know in new zealand that if you are found in possession of scuba gear and protected shellfish at the same time then it is considered a breach of the law and they can confiscate your equipment (including your car if you're driving back home!!), which closes the loophole; but are things enforced to the same degree here?


  • Registered Users Posts: 181 ✭✭donny


    I was in Croatia this year and there was no life at all.. only small golfish sized things. It's been completely overfished. It was the same when I was diving in Malta as well.

    As for the shellfish act (or whatever it's called), I've been told that there has been at least one successful prosecution under it so it has been enforced.


  • Registered Users Posts: 2,758 ✭✭✭Peace


    Can you imagine coming up with a new rebreather, 2 stages and computers etc and a lobby in the mesh bag and there's a fisheries officer there waiting to confiscate it all..... they wouldn't take me alive.


  • Registered Users Posts: 181 ✭✭donny


    You might have other crimes to worry about if they find out what you've been up to on the deco platform...


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  • Registered Users Posts: 14,906 ✭✭✭✭CJhaughey


    csm wrote:
    do you know what the story is with regard to enforcement of the 'no shellfish while diving' rule?

    for example, as Peace was saying earlier, if you put shellfish in a mesh bag while diving, left them underwater, took off the scuba gear, then snorkelled down to retrieve them, it would seem like an obvious way around the law.

    i know in new zealand that if you are found in possession of scuba gear and protected shellfish at the same time then it is considered a breach of the law and they can confiscate your equipment (including your car if you're driving back home!!), which closes the loophole; but are things enforced to the same degree here?
    I think that technically you are probably correct, however if the fisheries officers catch you with shellfish and scuba gear together then you will be in for a rough ride from the judge.
    Besides freediving/snorkelling after scuba is a very good way to get bent.
    If you cannot get the shellfish by freediving then don't do it would be my advice.
    I know that there are different laws regarding the taking of shellfish, in different counties, so the whole area is kind of murky anway.
    And as someone else pointed out there have been successful prosecutions for this, so if you want to see what kind of penalties there are for shellfish gathering with breathing apparatus then work away!:D
    Spearfishing otoh is a very acceptable way of getting fish, I am not going to get into the scuba/freediving spearing argument but just to say that if practised correctly it is even more selective than angling.
    Catch and release is nothing when you can Release and catch, ie let all the fish go until you see one that you want then catch that fish.


  • Registered Users Posts: 18 abusingelves


    i agree spearing is the most selective, method of fishing. albeit its only as selective as the spearo. i've done a bit of commercial fishing, trawl, pot and longline, and believe me, when you shoot a fish freediving or on scuba because you want fish for your dinner, a lot less fish die than if you had walked into tesco and taken some off the shelf.

    i only spear on freediving myself (for the record).


  • Closed Accounts Posts: 437 ✭✭yank_in_eire


    One important thing that seems to have been left out of this discussion - only band-powered guns can be used without a firearms license in Ireland. Pneumatic spearguns are classed as firearms and you must have a license for them.
    Anybody interested in spearfishing in Ireland should check out the Ireland Spearing 2007 forum under the Spearo Board on deeperblue.net. Spearos in Ireland are a small but growing family and in my opinion we should stick together to make sure that our sport develops in a positive manner

    And I'm with abusingelves on spearing only while freediving:D


  • Registered Users Posts: 2,731 ✭✭✭yankinlk


    damn, u totally bite off my username...


  • Closed Accounts Posts: 437 ✭✭yank_in_eire


    yankinlk wrote:
    damn, u totally bite off my username...

    And this is relevant to a spearfishing discussion how????:confused:


  • Registered Users Posts: 55 ✭✭Carverkid


    As regards with enforcing the law, I've never been looked up, fishing, shooting, spearing or diving. The only well enforced fisheries law in this country is on the freshwater fish. And thats because most of them are privately owned.


  • Closed Accounts Posts: 34 Scuba G


    Its an ufair advantage to fish/spear while on scuba, if a diver wanted to take a lobster and then hang the bag and later retrieve it on snorkel then its their chouice but in my books deserve if they get caught and in trouble, fishermen have to play the waiting gamea and in alot of causes its their livelyhood. I dive and recently spear and wont be crossing the line as I will only spear a fish if I want to eat fish, not for sport, if I dont spear it then freediving looking at them:D


  • Registered Users Posts: 14 zarat80


    For more info on spearfishing in Ireland there is a new website http://spearfishing.ie.


  • Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Thanks for the link.

    I particularly like the "Regulations" section and summary.

    Out of interest, are there any regulations that prohibit the use of full SCUBA when fishing?


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  • Registered Users Posts: 14 zarat80


    Pkiernan wrote: »
    Thanks for the link.

    I particularly like the "Regulations" section and summary.

    Out of interest, are there any regulations that prohibit the use of full SCUBA when fishing?

    Yes, totally illegal


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