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Spear Gun fishing in Ireland

  • 31-07-2007 11:28am
    #1
    Registered Users, Registered Users 2 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...


«1

Comments

  • Registered Users, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 Posts: 14,907 ✭✭✭✭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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 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, Registered Users 2 Posts: 14,907 ✭✭✭✭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, Registered Users 2 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, Registered Users 2 Posts: 2,752 ✭✭✭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, Registered Users 2 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, Registered Users 2 Posts: 14 zarat80


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


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭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, Registered Users 2 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


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Can I ask where you got that info from please?

    Thanks!


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    I've never gone spear-gun fishing. What kind of bait do they take?


  • Registered Users, Registered Users 2 Posts: 14,907 ✭✭✭✭CJhaughey


    zarat80 wrote: »
    Yes, totally illegal
    Thats just not true.
    If you are going to post information make sure its accurate.
    I KNOW that there is no legislation regarding spearfishing on SCUBA here.
    Its the same as freedive spearfishing.
    Actually there is no legislation at all regarding spearfishing.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭Freedive Ireland


    afaik CJ is correct spearing on scuba isnt illegal but is frowned upon. I also think spearing freediving is safer. Once you shoot the spear and have either a reel or simply a few metres of mon in the water along with all the other danglies I think entanglement is a high possibility. If you are a very comfortable scubie its possible and is very common in the states. All that said I just dont see the point and also you cannot collect any lobies or crabs if on scuba so you cant just take it off and put it back in the van then go freediving for them as was also mentiones its a good way to get bent so imho safer to go free.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Actually, I don't have a spear gun, but a pole spear. It doesn't shoot a projectile.

    speargun15.jpg

    I have yet to go after any fish with it, and am not sure if I will.

    I was just wondering if it was allowed to go after fish while on Scuba.


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  • Registered Users, Registered Users 2 Posts: 5,143 ✭✭✭locum-motion


    Pkiernan wrote: »
    ...

    I was just wondering if it was allowed to go after fish while on Scuba.

    I have to confess, I thought it was actually illegal to take anything other than photos when using scuba, but in the absence of any posts to the contrary, I'll have to believe those that say it isn't actually illegal.

    That being said, if I ever found myself diving with anyone in Irish waters who DID take lobsters or spear fish, they wouldn't ever be invited to dive with me again.


  • Registered Users, Registered Users 2 Posts: 14,907 ✭✭✭✭CJhaughey


    Pkiernan wrote: »
    Actually, I don't have a spear gun, but a pole spear. It doesn't shoot a projectile.
    I was just wondering if it was allowed to go after fish while on Scuba.
    We used to call them Hawaiian slings, I don't get too worried about guys spearing on SCUBA. its not like most fish are going to come too close when you are making that much noise.
    Probably a good way to get something like a Ling that most freedivers will never see.
    Each to their own and all that.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭Freedive Ireland


    That being said, if I ever found myself diving with anyone in Irish waters who DID take lobsters or spear fish, they wouldn't ever be invited to dive with me again.
    Locum its still illegal to take crab or lobster on scuba afaik something that the real CJ Haughey actually brought in.
    CJ I have seen Ling freediving but only once in about 15-18m right into a crevice under Thumb rock Mullaghmore I wasnt spearing just looking and they woudl be very hard to access. That was a few years ago and havent seen one since tbh.


  • Registered Users, Registered Users 2 Posts: 277 ✭✭seadeuce


    It is illegal to scuba and catch fish or shellfish.
    Read the following exchange from Dail Eireann, July 1976:



    Parliamentary Debates - Díospóireachtaí Parlaiminte Leinster House - Teach Laighean



    Ceisteanna—Questions. Oral Answers. - Skin Diving Activities.

    7. Mr. Gallagher asked the Minister for Agriculture and Fisheries if he is aware that commercial fishermen are concerned about the increase in the number of persons engaging in skin diving; and if he will state the action he proposes to take to prohibit such activities.

    Mr. M. O'Leary: I assume the question refers to the taking of fish by means of skin diving. Taking or attempting to take shellfish by this method is prohibited under the skindiving for shell fish bye-law No. 533, 1966, made under the Fisheries Acts, and the introduction of further legislation to deal more effectively with this matter is being considered in my Department.

    Mr. Gallagher: Is the Minister aware this is becoming rather a serious problem? Skin diving seems to be fairly well organised at the moment. People go off at weekends in gangs and invade areas where there are lobster and crayfish, and stocks are being seriously damaged as a result of their activities.

    Mr. M. O'Leary: This is governed by the shell fish bye-law No. 533, 1966, and apparently the main difficulty resides in not being able to detect persons engaged in this kind of activity. I suppose the solution lies in more close vigilance on the part of the local fishing communities and others interested in the industry, as well as the normal security people.

    Mr. Molloy: Can the Minister give any indication as to the methods of enforcement employed to ensure compliance with this regulation which was introduced in 1966?

    Mr. Haughey: By me.

    [2343] Mr. Molloy: I remember it well. Would he let me know if his Department have received complaints about excessive taking of shell fish by skin divers in the area stretching from Slyne Head to Innisboffin?

    Mr. M. O'Leary: It is causing the Department some concern. There is difficulty in proving an offence under the relevant section. The main vigilance is provided by local gardaí who very much need the co-operation of the local community to prevent such offences occurring. Before I came in here the Parliamentary Secretary emphasised that this was causing him and the Department concern, and they are keeping the position under very close review indeed.

    Mr. Molloy: Where it has been brought to the notice of the Department that skin divers are taking shell fish in the area I mentioned, what action have the Department taken?

    Mr. M. O'Leary: This practice reached the point that there was a Press advertisement on 30th May. It was a public advertisement and the Fisheries Division sent a copy to the Commissioner of the Garda pointing out this was an offence under the Act. I give that as an illustration of the Department acting on a central basis. What is required for full success is full co-operation from the local communities with the local gardaí. It may be necessary for the Department to review the legislation. I take the point that Deputy Haughey was involved in drawing up the legislation. Apparently in practice it has turned out that it is difficult to make this law stick since it calls, as all our law does, for apprehension of the person in the course of the commission of the crime.

    Mr. Haughey: Would the Minister agree one line of approach would be to prevent people purchasing illegallytaken lobster? The regulations provide that a skin diver may take one fish for his own personal use, but in so far as there is any abuse of the regulations, the way to deal with it most satisfactorily would be to make sure that nobody buys these illegallytaken lobsters.

    [2344] Mr. M. O'Leary: That seems a very common-sense observation and I will convey it to the Parliamentary Secretary for his consideration.

    Mr. Gallagher: Would the Minister suggest to his colleague that bye-laws might be introduced whereby skin diving would be prohibited during certain periods of the year?

    Mr. M. O'Leary: That is a much larger question and, for all I know, may fall outside the ambit of the Fisheries Division. I think Deputy Haughey's suggestion should be pursued, and I will bring it to the Parliamentary Secretary's attention.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    seadeuce wrote: »
    It is illegal to scuba and catch fish or shellfish.
    Read the following exchange from Dail Eireann, July 1976:



    Parliamentary Debates - Díospóireachtaí Parlaiminte Leinster House - Teach Laighean



    Ceisteanna—Questions. Oral Answers. - Skin Diving Activities.

    7. Mr. Gallagher asked the Minister for Agriculture and Fisheries if he is aware that commercial fishermen are concerned about the increase in the number of persons engaging in skin diving; and if he will state the action he proposes to take to prohibit such activities.

    Mr. M. O'Leary: I assume the question refers to the taking of fish by means of skin diving. Taking or attempting to take shellfish by this method is prohibited under the skindiving for shell fish bye-law No. 533, 1966, made under the Fisheries Acts, and the introduction of further legislation to deal more effectively with this matter is being considered in my Department.

    Mr. Gallagher: Is the Minister aware this is becoming rather a serious problem? Skin diving seems to be fairly well organised at the moment. People go off at weekends in gangs and invade areas where there are lobster and crayfish, and stocks are being seriously damaged as a result of their activities.

    Mr. M. O'Leary: This is governed by the shell fish bye-law No. 533, 1966, and apparently the main difficulty resides in not being able to detect persons engaged in this kind of activity. I suppose the solution lies in more close vigilance on the part of the local fishing communities and others interested in the industry, as well as the normal security people.

    Mr. Molloy: Can the Minister give any indication as to the methods of enforcement employed to ensure compliance with this regulation which was introduced in 1966?

    Mr. Haughey: By me.

    [2343] Mr. Molloy: I remember it well. Would he let me know if his Department have received complaints about excessive taking of shell fish by skin divers in the area stretching from Slyne Head to Innisboffin?

    Mr. M. O'Leary: It is causing the Department some concern. There is difficulty in proving an offence under the relevant section. The main vigilance is provided by local gardaí who very much need the co-operation of the local community to prevent such offences occurring. Before I came in here the Parliamentary Secretary emphasised that this was causing him and the Department concern, and they are keeping the position under very close review indeed.

    Mr. Molloy: Where it has been brought to the notice of the Department that skin divers are taking shell fish in the area I mentioned, what action have the Department taken?

    Mr. M. O'Leary: This practice reached the point that there was a Press advertisement on 30th May. It was a public advertisement and the Fisheries Division sent a copy to the Commissioner of the Garda pointing out this was an offence under the Act. I give that as an illustration of the Department acting on a central basis. What is required for full success is full co-operation from the local communities with the local gardaí. It may be necessary for the Department to review the legislation. I take the point that Deputy Haughey was involved in drawing up the legislation. Apparently in practice it has turned out that it is difficult to make this law stick since it calls, as all our law does, for apprehension of the person in the course of the commission of the crime.

    Mr. Haughey: Would the Minister agree one line of approach would be to prevent people purchasing illegallytaken lobster? The regulations provide that a skin diver may take one fish for his own personal use, but in so far as there is any abuse of the regulations, the way to deal with it most satisfactorily would be to make sure that nobody buys these illegallytaken lobsters.

    [2344] Mr. M. O'Leary: That seems a very common-sense observation and I will convey it to the Parliamentary Secretary for his consideration.

    Mr. Gallagher: Would the Minister suggest to his colleague that bye-laws might be introduced whereby skin diving would be prohibited during certain periods of the year?

    Mr. M. O'Leary: That is a much larger question and, for all I know, may fall outside the ambit of the Fisheries Division. I think Deputy Haughey's suggestion should be pursued, and I will bring it to the Parliamentary Secretary's attention.

    Maybe I am reading your post wrong, but the transcript you quoted would seem to apply to skin divers, not SCUBA divers.
    Furthermore, if these Dail notes became law, then it would appear to make skin diving for fish illegal.


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  • Registered Users, Registered Users 2 Posts: 14,907 ✭✭✭✭CJhaughey


    Seadeuce

    I have a copy of it, it refers to the taking of shellfish by divers using apparatus.

    There is nothing in the byelaw that prohibits the use of SCUBA for finfish.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭Freedive Ireland


    Parlimentary debate is one thing actual law in statute another. Define a skin diver etc etc.


  • Registered Users, Registered Users 2 Posts: 5,143 ✭✭✭locum-motion


    The debate mentions Bye-Law 533; that's the text we need to find!


  • Registered Users, Registered Users 2 Posts: 5,143 ✭✭✭locum-motion


    Parlimentary debate is one thing actual law in statute another...

    While you are right in saying that a parliamentary debate is not a law, I think that when the relevant minister - during a parliamentary debate - makes reference to a particular act being illegal, then it is not unreasonable to assume that the act is illegal.*


    *: Or was illegal at that time.


  • Closed Accounts Posts: 305 ✭✭richiek67


    Your obviously not into diving for observing the marine life then...pity.


  • Registered Users, Registered Users 2 Posts: 158 ✭✭nathan184


    Hi richie. Not sure who your comment is directed at but it just seems to be a negative dig at people who spearfish.

    Do you eat fish? I believe spearfishing to be probably the most selective and conservative method of catching fish. If a line fisherman drags a fish up from depth quickly but decides to release them very often that fish has a burst gall bladder from the rapid ascent and is a feast for the seagulls anyway. A good spearfisher sees his prey up close and will only fire if he intends to put his target on the dinner table and if the environment can sustain the loss of this fish.

    Most spearfishers I know are just as interested in observing marine life as any scuba diver I know but as with all activities, there will always be a few people who give the rest a bad name.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    richiek67 wrote: »
    Your obviously not into diving for observing the marine life then...pity.


    I congratulate you on being a macrobiotic vegan, who does not eat or use any products derived from animals. I imagine it is a tough enough road to follow.

    I myself only eat meat or fish that I hunt or catch myself, and am therefore mostly vegetarian (though I still have 5lbs or wild boar meat and a side of ribs from one I shot in 2011 left in the freezer).

    I am also undecided as to whether or not I would spear a fish for dinner. Sor far I have not. I may do so in the future.

    But fair play to you.

    All the best.


  • Registered Users, Registered Users 2 Posts: 14,907 ✭✭✭✭CJhaughey


    richiek67 wrote: »
    Your obviously not into diving for observing the marine life then...pity.
    I don't know if you dive or have ever dived, but I can tell you from my own experience that breathhold spearfishing will allow you to be much closer to marine life than Scuba will, the bubbles make a lot of noise and disturbance and lots of fish simply won't hang around to see what is making that noise.
    Most of the best underwater wildlife cinematography is done by freediving as it doesn't disturb the animals.
    When you spearfish you are part of the ecosystem not just a visitor, you are a predator stalking the fish and they know it.
    Don't make the mistake of thinking its just about holding your breath swimming down and shooting a fish, if you think thats it you'll probably never spear a fish.
    It takes a lot more effort than that and most spearos will tell you that its more about the whole experience rather than the moment that you pull the trigger.
    Spearfishing in Ireland has negligible impact on marine life, there aren't enough people doing it to really make an impact here.


  • Registered Users, Registered Users 2 Posts: 2,752 ✭✭✭yankinlk


    CJhaughey wrote: »
    Spearfishing in Ireland has negligible impact on marine life, there aren't enough people doing it to really make an impact here.

    +1 to this. I went out with the guys from spearfishing.ie recently. Very impressed with their methods. They are looking for specimen size fish for the table, not shoot anything/everything they see. In fact i had a great shot (if i had a camera) of one of them "hunting" with a dogfish as a hunting partner. Never even considered shooting the dogfish.


  • Closed Accounts Posts: 305 ✭✭richiek67


    CJhaughey wrote: »
    I don't know if you dive or have ever dived, but I can tell you from my own experience that breathhold spearfishing will allow you to be much closer to marine life than Scuba will, the bubbles make a lot of noise and disturbance and lots of fish simply won't hang around to see what is making that noise.

    Hmmm, what rubbish. Ever hear of a re-breather.. I have one ..no bubbles
    QED. Also I can stay down for 60minutes, try holding your breath for 60 minues...no, dident think so..lol


    Most of the best underwater wildlife cinematography is done by freediving as it doesn't disturb the animals.
    Not true.

    When you spearfish you are part of the ecosystem not just a visitor, you are a predator stalking the fish and they know it.
    How romantic...lol


    Don't make the mistake of thinking its just about holding your breath swimming down and shooting a fish, if you think thats it you'll probably never spear a fish.
    Dont ever intend on spearing a fish, thanks. I prefer to look at the wonderment of my ecosystem..


    It takes a lot more effort than that and most spearos will tell you that its more about the whole experience rather than the moment that you pull the trigger.
    Spearfishing in Ireland has negligible impact on marine life, there aren't enough people doing it to really make an impact here.
    Good.

    See above


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