bass question..

I was recently asked a question I couldn't fully answer so I'm going to post it here...

I only want answers though, not thoughts (sorry guys)

the question i was asked was..

Is it illegal to catch a bass while spear fishing??

all I could answer at the time was probably, but not sure and about size limit and bag limit and closed season..
so if anyone could enlighten me (and others) about this question, please share.

This kinda came up before
/viewtopic.php?f=12&t=17338

so from that would i be right in saying the rules are the same for us i.e.

4. Subject to Article 5 of this Bye-law it is hereby prohibited to take and kill
or have in possession more than 2 Bass (other than imported Bass) in any period
of twenty-four hours and such Bass which may be taken shall be carefully handled
and returned to the water from which they were taken.

which i kinda figured would be,

but when it actually comes to using a spear/spear gun
it is OK as long as snorkel is only breathing aid
but unethical/unsporting using dive tank and breathing apparatus.

did alot of searching on this subject (about 2 hours worth) and found all this out about spear fishing..


The EU legislation for the “Technical Conservation Regulations” – Article 31 of Council Regulation 850/98 –permits spear fishing, but prohibits the sale of fish caught using a projectile.

This was to be replaced with Article 12, which states that ‘the catching, retention on board, transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited.’
Though the legal clarification has not been confirmed, this change may indeed lead to spear fishing being outlawed.

now this dates back 2 years ago and and amendment was also proposed

'Proposed amended Article 12
The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives,
poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited, except for hobby fishing with spears and pulse trawl fishing.'

oh.. just after finding this...

http://www.europarl.europa.eu/sides/get ... anguage=EN

Texts adopted
Wednesday, 22 April 2009 - Strasbourg

Amendment 22
Proposal for a regulation
Article 12

Text proposed by the Commission

The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited.

Amendment

The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited, except pulse trawl fishing

no mention of exception of spear fishing in amendment, unless there is an updated amendment??

The EU legislation for the “Technical Conservation Regulations” – Article 31 of Council Regulation 850/98 –permits spear fishing, but prohibits the sale of fish caught using a projectile.

take a walk on some of the Waterford beaches one day Steve....

Not sure about the letter of the law, but a fisheries officer told be before that he would like to know if anyone was spear fishing for Bass. One argument would be how can you measure a fish before stabbing it with a spear (to see if its over 40cm)?

The EU legislation for the “Technical Conservation Regulations” – Article 31 of Council Regulation 850/98 –permits spear fishing, but prohibits the sale of fish caught using a projectile.

take a walk on some of the Waterford beaches one day Steve....

well I know its illegal to sell a bass caught in Irish waters hence why they are imported for sale, but that part states the sale of fish caught by projectile,
which I read as any fish species and not just bass

seen gordon ramsey do it for one of his shows, looked like fun would like to try it
im sure there hard enough to get

seen gordon ramsey do it for one of his shows, looked like fun would like to try it
im sure there hard enough to get

Ive got a spear ... you have a boat ??????

i used to snorkel and spearfish in my youth its very skillful iv never speared a bass but did get a few mullet and flats and its a lot harder than you think. the same laws apply for lobster you can take them snorkeling but not with scuba gear

yea i recon you would need to be fairly skilled to stalk em allright,
def will have to have a go this summer

yea i recon you would need to be fairly skilled to stalk em allright,
def will have to have a go this summer

mmmm say it would be good craic, nothing beats a bass caught by a projcetile. can i use dynamite?