Spearfishing is a popular recreational activity in New South Wales (NSW), Australia, but it is important for enthusiasts to understand the rules and regulations governing this sport. In NSW, spearfishing is legal in certain areas, but there are also many restrictions and prohibited zones. This article will explore the legality of spearfishing in NSW, the specific areas where it is allowed or prohibited, and the penalties for non-compliance.
Paying the NSW Recreational Fishing Fee
Before engaging in any form of recreational fishing, including spearfishing, in NSW waters (both freshwater and saltwater), spearfishers are required by law to pay the NSW recreational fishing fee and carry a receipt showing the payment of the fee. This applies to various fishing activities such as spearfishing, handlining, hand gathering, trapping, bait collecting, and prawn netting, or when in possession of fishing gear in, on, or adjacent to waters.
The money raised from the NSW recreational fishing fee is used to improve recreational fishing in the state. Projects funded by this fee include the installation of fish aggregating devices (FADs), creation of recreational fishing havens, construction of angler facilities, stocking of freshwater fish, essential research on popular recreational fish species, habitat restoration, and angler education and advisory programs.
Prohibited Areas for Spearfishing in NSW
While spearfishing is a legal activity in NSW, there are several areas where it is prohibited:
Freshwater: All inland waters are closed to spearfishing.
Coastal Lagoons and Tidal Waters: Many entrances, coastal lagoons, and other tidal waters are closed to spearfishing.
Ocean Beaches: Spearfishing is prohibited on ocean beaches, except for the last 20 meters at each end of the beach.
Protected Areas: Spearfishing is prohibited in areas designated as “no fishing” zones or marine protected areas.
It is important for spearfishers to familiarize themselves with the specific areas closed to spearfishing and to respect these regulations to ensure the sustainability of marine life and the safety of other water users.
Prohibited Fishing Methods and Equipment
In addition to the prohibited areas, there are also restrictions on the fishing methods and equipment that can be used when spearfishing in NSW:
Hookah Apparatus: The use of hookah apparatus is banned when spearfishing.
Lights and Powerheads: It is illegal to use a light with a spear/speargun or a powerhead and explosive devices when spearfishing.
Protected Fish Species: Spearfishing is prohibited for certain protected fish species, such as blue, brown, or red groper.
Spearfishers must ensure that they comply with these restrictions and use only the permitted fishing methods and equipment to avoid penalties and protect the marine environment.
Penalties for Non-compliance
Failure to comply with the rules and regulations governing spearfishing in NSW can result in significant penalties:
Fines: Penalties for illegal spearfishing can range from $500 to $22,000.
Imprisonment: In some cases, non-compliance can lead to imprisonment for up to six months.
Confiscation of Equipment: Fishing gear used in illegal activities may be confiscated by authorities.
It is crucial for spearfishers to be aware of these penalties and to adhere to the rules and regulations to avoid legal consequences and contribute to the sustainable management of NSW’s marine resources.
Spearfishing with SCUBA Gear
One of the most controversial aspects of spearfishing regulations in NSW is the legality of using SCUBA gear while spearfishing. In NSW, it is illegal to use SCUBA gear for spearfishing, as it is considered an unfair advantage over the prey.
Spearfishing with SCUBA gear is prohibited because it allows divers to catch the largest and best specimens of a particular species, which can reduce the population of that species. Additionally, the use of SCUBA gear can disturb the balance of the marine ecosystem and impact the overall health of fish populations.
Spearfishers caught using SCUBA gear while spearfishing in NSW can face charges, regardless of whether or not the gear is being used for hunting or fishing purposes. It is important for spearfishers to respect this regulation and prioritize the well-being of the ocean’s inhabitants above all.
Responsible Spearfishing Practices
While spearfishing is a legal and popular activity in NSW, it is essential for spearfishers to engage in responsible practices to ensure the sustainability of marine life and the enjoyment of the sport for future generations.
Some key aspects of responsible spearfishing include:
Adhering to bag and size limits: Spearfishers must comply with the bag and size limits set for each species to prevent overfishing.
Targeting appropriate species: Spearfishers should avoid targeting protected or vulnerable species and focus on more abundant and resilient fish populations.
Respecting marine habitats: Spearfishers should avoid damaging or disturbing sensitive marine habitats, such as coral reefs and seagrass beds.
Disposing of waste properly: Spearfishers should ensure that they dispose of any waste, including fishing line and hooks, properly to prevent harm to marine life and the environment.
By practicing responsible spearfishing, enthusiasts can contribute to the conservation of NSW’s marine resources and ensure that the sport remains enjoyable and sustainable for years to come.
In conclusion, spearfishing is a legal activity in NSW, but it is subject to various rules and regulations. Spearfishers must pay the NSW recreational fishing fee, avoid prohibited areas and methods, and engage in responsible practices to ensure the sustainability of marine life and the enjoyment of the sport. By understanding and adhering to these regulations, spearfishers can contribute to the conservation of NSW’s marine resources and participate in this exciting activity while respecting the environment and other water users.