Spearfishing on Scuba

[Aquanomad]

Back to the topic:

Hawaii (the Big Island) is looking at banning scuba spearfishing. I do believe the law has stalled, but may eventually pass.

I have mixed feelings. In my youth here in Hawaii I speared both freediving and with scuba.

I could fill a large cooler freedive spearing in a single morning session.... impossible for me to do the same thing hunting on scuba for two reasons:

1. Limited hunting time. Hunting on scuba I might have 40 minutes of useable time. Hunting while freediving is limited only by my physical endurance.

2. Ability to stalk fish. Possibly just me, but unless I would do extended breath holds on scuba (and we did!) to get close, the fish were harder to approach. Then again, we hunted almost exclusively with pole spears, so we did need to get close...

I honestly do not know how much impact scuba spear fishing has here in Hawaii. There may be merit to regulating / banning it... but my feeling based on local knowledge is that far more fish are being "harvested" by freedivers and rod & reel here in Hawaii...

Sorry for the slight sidetrack.

Best wishes.

Spearing on scuba or rebreather on the Kona coast was made illegal this year. It was lumped into the regulations for the white list on fish collecting. No spearing from Hawi to South Point. Sucks. Im all for bag limits but not for dictating how its taken. Aside from "you people". You know. The ones who use dynamite and bleach.

 

[njdiver1]

Gear Restrictions

Firearms and spears - HAR 13-75, HRS 188-23
Fishing with spears allowed for all fishes, but must follow minimum size for spearing of certain species, closed seasons and other restrictions. Unlawful to spear any crustacean (except introduced freshwater prawn), turtle or aquatic mammal at any time.

Unlawful to pursue, take or kill any fish, crustacean, mollusk, turtle, or marine mammal with firearms, except tuna and billfish that have been gaffed, and sharks.


Hawai`i Administrative Rules

Title 13 Department of Land and Natural Resources

Subtitle 4 Fisheries

Part IV - Fisheries Resource Management

§13-75-9 Spears. (a) No person shall pursue, take, or kill any crustacean (except introduced freshwater prawns), turtle, or aquatic mammal in the
State with a spear.

(b) Any crustacean, mollusk, aquatic mammal, or fish taken or killed or offered for sale in violation of this section shall be confiscated and offered as evidence.

(c) No person shall take any fish by the use of spears, or possess any speared fish which is smaller than the minimum size for the fish as specified in chapter 13-95, HAR, or any rule adopted under section
187A-5, HRS. Any person violating this provision for the first time shall receive a citation. Evidence of each specimen may constitute a separate offense. Any subsequent violation shall be punished as provided for
in sections 187A-12.5 and 187A-13, HRS; provided that the first subsequent violation shall be considered a first violation for the purposes of section 187A-13, HRS. [Eff 12/03/98; am and comp 3/2/07] (Auth: HRS §187A-5) (Imp: HRS §187A-5)

http://state.hi.us/dlnr/dar/rules/ch75.pdf


CHAPTER 188

FISHING RIGHTS AND REGULATIONS

Part II. Fishing Regulations, Generally

§188-23 Possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited; exception. (a) It is unlawful to possess or use on, in, or near state waters, any explosives, electrofishing devices, or any source of electrical energy with appurtenant devices for the introduction of electricity into the water, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department. The department may issue permits for the possession or use of electrofishing devices consistent with other legal requirements.

(b) It is unlawful to deposit in, permit to pass into, or place where it can pass into the state waters for the purpose of taking aquatic life any of the following:

(1) Any petroleum, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance;

(2) Hypochlorous acid or any of its salts, including bleaches commonly sold under various trade names, such as Clorox and Purex, and bleaching powders;

(3) Preparations containing rotenone, tephrosin, saponins, or plant materials from Barringtonia acutangula, Barringtonia asiatica, Barringtonia racemosa, Barringtonia longiracemosa, Barringtonia speciosa, Careya australis, Cocculus ferrandianus, Cocculus trilobus, Cocos nucifera, Hura crepitans, Hura polyandra, Piscidia acuminata, Piscidia carthagenensis, Piscidia erythrina, Planchonia careya, Tephrosia purpurea, Tephrosia piscatoria, Wikstroemia; and

(4) Any other substance or material deleterious to aquatic life; except under the terms and conditions of a permit first obtained by the user from the department.

The department may issue permits to allow the possession or use of stated amounts of these substances poisonous to aquatic life if the department deems the amount in possession is for legitimate purposes or in quantities too small to harm aquatic life.

The possession or use of these substances without a permit by any person on, in, or near the water where aquatic life can be taken, or aboard any fishing vessel or boat is prima facie evidence of a violation of this section.

The department may revoke any permit for any infraction of the terms and conditions of the permit. Any person whose permit has been revoked shall not be eligible to apply for another permit until the expiration of one year from the date of revocation.

Nothing in this section shall be held or construed to be an amendment of the rules of the department of transportation. [L 1888, c 30, §1; RL 1925, §761; am L 1925, c 41, §2; RL 1935, §366; RL 1945, §1221; RL 1955, §21-54; HRS §188-23; am L 1981, c 85, §33; am L 1982, c 147, §9; am L 2002, c 96, §2]

Vol03_Ch0121-0200D

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0188/HRS_0188-0023.htm

 

[Aquanomad]

Ya. Thats the state reg. But west Hawaii (Kona Coast), Hawi to South Point is a no take with spear on scuba or rebreather. In fact your not allowed to have both in the boat at the same time. It was rushed through and now dlnr is seeking funding after the fact to study whether or not the affect of spear fishing on the Kona Coast even warranted such a ruling.
http://www.bigislandvideonews.com/2014/03/12/video-dlnr-wants-study-scuba-spearfishing-ban/

 

[njdiver1]

http://state.hi.us/dlnr/dar/rules/ch60.4.pdf

 

[Aquanomad]

Yep. Says it right in there.
(6) Engage in or attempt to engage in SCUBA spearfishing, possess both SCUBA gear and a spear at the same time, or possess SCUBA gear and any specimen of speared aquatic life at the same time. [Eff 12/26/13] (Auth: HRS §§187A-5, 188-53, 188F-6) (Imp: HRS §§187A-5, 188-53, 188F-3)

 

[Eric Sedletzky]

I got a kick out of the locals on Kona.
We were staying at the Outrigger 20 mins north of Kona having dinner in the open area restaurant by the koi pond.
Here comes a group of locals parading right through the center of the hotel, right through the lobby and restaurant where people were eating, across the pool area passing the beach grill and bar, accross the beach and into the water they go with pole spears masks game bags etc.
An hour later they come right back through the hotel the same way with their haul of speared fish dripping and bleeding leaving a trail on the floor. they passed right by me and my wife. I caught an aroma of speared fish as they passed by. They continued on right back through the lobby, out the front doors, and into their cars and left. Nobody said a word to them.
Then the matre de signalled to a bus boy/janitor kid or someone with a gesture and the kid scrambled nervously to get the mess cleaned up.
I guess the locals are like the sacred cow, they can go where ever they want whenever they want and nobody says a word.

Not that this story has any value in the current thread but I thought it was kind of amusing.