European Union Consultation – Including ban on use of projectiles .

[rab]

Hello All,
Please see attached consultation from the European Union on changes to the current Technical Conservation Regulations.

Specifically paragraph 2 of the covering letter:
“The Commission’s proposal will apply to all commercial and recreational fishermen and replace the current technical conservation rules in Regulation (EC) no. 850/98 (the Technical Conservation Regulation).”

and Article 12 of the Tech Con review document:

Article 12

Destructive fishing practices

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.

This is a significant change from the current legislation which is Article 31 of Council Regulation 850/98 which permits spear fishing but prohibits the sale of fish caught using a projectile.;

Article 31

Unconventional fishing methods

1. The catching of marine organisms using methods incorporation the use of explosives, poisonous or stupefying substances or electric current shall be prohibited.

2.The sale, display or offer for sale of marine organisms caught using methods incorporating the use of any kind of projectile shall be prohibited.

I have asked that the British Spearfishing Association be added to the list of consultees but if anyone wishes to respond to the consultation please respond to Tech.Conservation@defra.gsi.gov.uk.

Non UK residents may wish to contact their own fisheries authorities as this legislation will cover all European Union waters outside the Baltic Sea, Black Sea and Mediterranean.

Also you may be interested to know that this legislation would remove the minimum size for Lobster, Crawfish, Pollock and a number of other species.

 

[James T]

Thanks for posting this Rab - not quite sure how to read it. But if I read it correctly I don't understand what the hell is going on in our country - it seems like our civil service and government want to have a damn rule for everything we want to do, think or say. I am getting sick of it.

I am as Apolitical as they come and have no real interest in getting involved, usually, - I just want to be allowed to go about my business without doing any damage to anyone or the environment. I don't need Nanny to tell me what to do.

Not sure if I expressed myself particularly clearly and I hope I haven't got the wrong end of the stick - do tell me if I have.

Here is a copy of my letter:
Dear Sir or Madam,

It has been brought to my attention that there is a proposed change to the Technical Conservation Regulations as part of a current consultation. The change is part of Article 12 of the Tech Con review document:

Article 12
Destructive fishing practices

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.

This is a significant change from the current legislation which is Article 31 of Council Regulation 850/98 which permits spear fishing but prohibits the sale of fish caught using a projectile:

Article 31
Unconventional fishing methods

1. The catching of marine organisms using methods incorporation the use of explosives, poisonous or stupefying substances or electric current shall be prohibited.

2.The sale, display or offer for sale of marine organisms caught using methods incorporating the use of any kind of projectile shall be prohibited.

I would like to object most strongly to the inclusion of spearfishing (the passage I highlight above ‘any kind of projectile’) as part of this proposed ban. Spearfishing is the only form of fishing which is entirely selective in the capture of fish and when compared to other fishing methods has a negligible impact on fish stocks and zero by-catch. We spearfishermen only take fish for our own consumption, and I don’t understand the logic of including another restriction on our human rights to catch fish when there are no ill effects either on the fishery or the local environment.

This feels like another area where government and policy making in the UK is straying well beyond its remit into the running of our lives.

Please can you tell me how I can keep abreast of developments in this consultation so I may be physically present in any discussions as needed,

Thank you,

James

 

[Mr. X]

....
Article 12 of the Tech Con review document:

"Destructive fishing practices

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. "

Typical of the EU. How come the Med is excluded (perhaps because bordering countries have a clue)?:head

 

[spaghetti]

How come the Med is excluded?

For God's sake,SHUSH!!! This is a big threat for all of us.

I can't believe that after only one year from the CE 1559/2007 set of rules, they're already dismantling the common regulations. :head
Is this....a joke?

 

[Janner]

The EU is plain and simply a royal pain the backside. I am English and consequently about as European as an Eskimo living in the Sahara!

The French fishing fleet have EU fuel subsides yet our British fishing fleet get none. Work that one out?! The whole things a bloody mess, double standards all round.

If they do eventually ban it, it just means more shore dives from more remote locations.


Australia here i come . . . .

 

[gutshot]

I am concerned too but maybe i read it wrong. It seems to me from what rab quoted that it is not a spearfishing ban they talk about but a ban on selling fish caught thru spearfing. Well we dont do that anyway, or at least i dont.

I do hope i am right and rab is wrong and i do mean that in the nicest way rab!

 

[dave]

Article 31 (the ban on the sale of fish caught with a projectile) is the current legislation which is to be replaced by article 12, which is a total ban on using projectiles for fishing
Trust me, Rab knows his stuff in this area...............
EVERYBODY needs to reply (politely!) to the DEFRA consultation on this one (and write to their MP as well) it really is that important
I dont think this is a specific attempt to ban spearfishing, just a tidying up of legislation by people who are not aware that spearfishing as a sport even exists. It is really important to stand up and be counted

cheers
dave
Spearguns by Spearo uk ltd finest supplier of speargun, monofins, speargun and freediving equipment

 

[podge]

e-mail sent.
hope they don't f**k it up for all of us.:rcard:rcard

 

[jimdoe2you]

I think spearfishing should be banned completely throughout all of europe. When are you going to realize that you are murdering innocent fish. These fish are being depleted so that future generations can't look at them from the shore and from boats. Fish are the primary source of the world's oxygen supply which they produce as a by-product from eating carbon dioxide emmissions from cars, ......FACT! Another thing people don't realize is that spearfishing has grown in popularity by over 800% in the last two years in european countries and by over 1200% in the two mediterranean bording countries of Italy and Bolivia specifically, ......FACT! Government reports claim that over 10,000 kilograms of fish are taken each day around europe. Now I am not familiar with the metric system or any other foriegn language, but I assume that is millions of pounds each day, ......FACT!

Has anyone seen the movie SHARKWATER??? Well, ..............I haven't yet, but a freind told me that she heard it was about people (presumably europeans) who were fishing species into extinction with spearguns, fishing nets, trained fishing dogs, and fishing rods. We must protect our planet for future generations or one day our kids will wake up and have to live wihout oxygen, and only be able to read about oxygen in school along with all the extinct fish such as sharks and dolphins!

 

[azapa]

barperson (EU correct job description): I'll have a large one of what ^he's ^ drinking!

 

[gutshot]

I think spearfishing should be banned completely throughout all of europe.

roflroflroflrofl

Your profiles right, you are a comedian

 

[gutshot]

Rab, i hate you for bringing this news , but thanks for bringing it to everyones attention. Lets get on it now and get this sorted out! :rcard

 

[Agar4Life]

Am i correct in thinking that polespears would remain legal?

 

[felipe felop]

thanks for bringing this to peoples attention,i too will send an e-mail voicing my opinion against there legislation,when i read it i got a horrible gut feeling, but do you think its got more to do with harpoon fishing,but isn't that banned in most of the world anyway, am a bit confused by it all, like its been said do they know we exist,ivory towers an' all,lets hope its just a'grey area' to be clarified

 

[James T]

I reckon polespears would be seen as projectiles too.

 

[Paul Maxwell]

Hi
To allay your fears about these rulings why not contact the BSA british spearfishing association - Contacts, BUSA CMAS - Pêche or CMAS CMAS - Pêche.
I would be very surprised if they did not already know about it and indeed have it in hand. Cannot see something so potentially damaging to the Europewide spearos going through without their knowledge and involvement.
Cheers Paul

 

[felipe felop]

e-mail sent,'THE LAW', now where do we stand if all this is true,and we cannot hunt for food anymore,then surely spearguns cannot be used for there intended purpose, i guess this then makes it a lethal weapon in the eyes of the law,so can/will they be banned from now on if all this BS is true, its about as clear as mud, can anyone throw any light on this. FEEL GUTTED

 

[Amphibian]

"It's not a projectile, it's still attached to the gun via a line, it's a captive weapon like a pole spear"

...just with a few meters range.

 

[SurfnSpear]

Sent in an email using some of yours James...all feel free to use template.

To whom it may concern,

It has been brought to my attention that there is a proposed change to the Technical Conservation Regulations as part of a current consultation. The change is part of Article 12 of the Technical Conservation review document:
I wish to oppose and point out that the adoption of the legislation as it stands would ban a legitimate, selective and environmentally friendly form of fishing enjoyed by several thousand people in the UK. I would like to object most strongly to the inclusion of spearfishing per se (reference Article 12 ‘any kind of projectile’) as part of this proposed ban.

Spearfishing is the only form of fishing which is entirely selective in the capture of fish. It has a negligible impact on fish stocks, zero by-catch or effect on the local environment. Spearfishermen only take fish for their own consumption, and there is no logic in removing the current right to legitimitely and legally catch fish by means of a projected spear while observing species selection and minimum sizes.

Article 12
Destructive fishing practices

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.


This is a significant change from the current legislation which is Article 31 of Council Regulation 850/98 which permits spearfishing but prohibits the sale of fish caught using a projectile

THE CURRENT LEGISLATION/LAW below
Article 31
Unconventional fishing methods

1. The catching of marine organisms using methods incorporation the use of explosives, poisonous or stupefying substances or electric current shall be prohibited.

2.The sale, display or offer for sale of marine organisms caught using methods incorporating the use of any kind of projectile shall be prohibited.

Your's sincerely,

 

[glowworm]

Sent my email as well.