Spearfishing in Cozumel

[cvchief]

I think this thread began by addressing the practice of illegally spearfishing for sport while on scuba, not the practice of spearing the invasive lionfish.

While the park guardians may turn a blind eye, or even encourage the taking of lionfish with a Hawaiian sling, spearfishing while using scuba equipment or pneumatic spear guns is against the law in Mexico.

You CAN spearfish legally in Mexico, just not on scuba.

Dear Ric,

I take no issue with you on the big spear fishing for other specie while on Scuba. I just don't want everyone's panties to get in a wad because we use slings to control the lion fish.

Dave Dillehay

Aldora Divers

Dave,
I don't know about a draw. It is illegal, but I agree it is treated more like a guideline. I was invited to go on the Parque boat on a lionfish spearing dive. Of course though it is illegal. *wink* *wink* *nudge* *nudge* *say na more....*

And BRT, I *think* he was clear with his clarification that he was talking sport. You seemed to doubt the illegality in general because of the very short nature of your post. I assumed that would result in the a quote of applicable laws, which it did.

And for that matter, do you suppose all the fisherman that do go spearing on scuba for commercial purposes are actually possessing commercial permits to do that? I would wonder.

 

[diverokc]

Dave, you are correct, the ban is on sport spearfishing while on scuba. There are permits for commercial spear fishing

I just love it when people leave out parts of a story to make their point better. So you can spearfish with scuba if you have a commercial permit. Which I'm sure some of my local friends do. To say its illegal period is wrong. No matter what passport u hold.

 

[cvchief]

This thread was about Ops taking people out spearfishing on scuba. I doubt many commercial fisherman sign up with a op providing spearfishing.

 

[cvchief]

Nor do many MX commercial fisherman read SB, I imagine.

 

[BRT]

Dave,
I don't know about a draw. It is illegal, but I agree it is treated more like a guideline. I was invited to go on the Parque boat on a lionfish spearing dive. Of course though it is illegal. *wink* *wink* *nudge* *nudge* *say na more....*

And BRT, I *think* he was clear with his clarification that he was talking sport. You seemed to doubt the illegality in general because of the very short nature of your post. I assumed that would result in the a quote of applicable laws, which it did.

And for that matter, do you suppose all the fisherman that do go spearing on scuba for commercial purposes are actually possessing commercial permits to do that? I would wonder.

"All" is always a hard criteria to meet. When I answered I just knew it was not "always" illegal to spearfish on scuba in Mexico. Interesting to read the law on the subject of recreational spearfishing. I would wonder if there are any exceptions. I last went on a recreational dive boat that was spearfishing maybe 10 years ago. At that point the owner, an American expat, was concerned about possessing spearguns or speared fish inside the national park...Puerto Morelos not Cancun. He had had a brush with the authorities who claimed he was spearfishing inside the park but the problem seemed to be inside or outside the park, not spearfishing on scuba. Could be park police vs federales?

So far as commercial permits and locals fishing commercially without them I am sure it happens, just as there must be unlicensed taxi drivers, but the cooperativas holding the licenses are pretty protective of their territory.

 

[kelemvor]

Where is the line drawn on breaking the conservation laws in Mexico? If it’s OK to break the law against spearfishing with scuba, is it OK to fish with a gill net? OK to use dynamite, so long as you are feeding your catch to your family?

Yes, but apparently only if you feed your family by working in the cruise ship industry...

 

[diverokc]

Yea cv I then asked about locals doing it and the answer was not allowed and something about jumping off a bridge. Makes me think if I see ANYONE spearfishing its illegal. I know commercial fisherman wont read this but I like knowing they can spearfish legally with proper permits.

 

[BRT]

Artículo 92.- El pescador deportivo sólo podrá utilizar caña o línea con anzuelo, con carnada o señuelo, sin perjuicio de que pueda disponer del número de repuestos que autorice la Secretaría.

La práctica de la pesca deportivo-recreativa subacuática, únicamente se permitirá buceando a pulmón, con arpón de liga o resorte.

Cualquier otro tipo de arte de pesca, requerirá autorización expresa de la Secretaría.

That last line says " any other type of the art of fishing requires express authorization from the Secretaria." I wonder if there has been express authorization of lionfish hunting on scuba?

 

[cvchief]

I get that and i can see how you got there. And you too BRT. MX has lots of laws, but limited resources to enforce them all, so some of the end up seeming more like suggestions.

 

[kelemvor]

What is the punishment for getting caught violating such a law in mexico? In the USA (Florida) some diving related laws have embarrassingly small penalties.

The punishment for a first offense of a boater running over a dive flag is so little that most boat owners would not bat an eye.