Hawaiian Efforts to Ban Scuba Spearfishing

[kitefisherman]

This may not be happening in most of our backyards, but it should be monitored because it may set a dangerous precedent. http://www.hawaiiskindiver.net/articles.php?article_id=80

WHFC recommendation to DAR
By Dan Mersburgh
Posted: Jul 8, 2003, 2:16 AM

The following are possible recommendations the West Hawaii Fisheries Council (WHFC) may make to the Division of Aquatic Resources (DAR) as of June 19, 2003.

A. Ban night spearfishing (SF) with scuba
B. Ban all SF with scuba
C. No taking by spear in Fish Replenishment area/Fish
Management Area.
D. OK to freedive with spear during the day
E. No action
F. Make closure areas
G. Increase minimum size and bag limits
H. Ban commercial SF with scuba
I. Ban recreational SF with scuba
J. Ban all SF with scuba in FRA/FMA
K. Prohibit the sale of speared fish
L. Establish “slot limits” for species that are currently
regulated.
M. Ban night SF with scuba in FRA/FMA
N. Establish “kapu” system. No take/no use of any kind

Items L, M and N were added and FMA was added to items J and M. The council will vote on these at the July 17, 2003 meeting if no further changes are made.

* Item C. would also make breath hold spearfishing illegal in nearly 40% of the Kona coast and almost all of the shoreline accessible areas. Local divers have representation on the council and are working to find a compromise that will benefit the resource as well as the spearfisherman.

[kitefisherman]

Some of this may be of use to us. Still I can't help note how anti-scuba it sounds. http://www.hawaiiskindiver.net/userarticles.php?article_id=71


Against Spearfishing Ban
Submitted by Dan Mersburgh
Posted: May 25, 2003, 3:46 AM

West Hawaii Fisheries Council. I am against your proposed spearfishing management plan which would make it illegal to take fish by spear in the established FRA’s. The following are reasons why.

1.) The spearfishing subcommittee was formed to look into and gather public input in
regards to regulating/banning spearfishing on scuba at night. Free diving or breath hold spearing was not discussed. Had I known that it was on the agenda, much more input and dissent from our club, Island of Hawaii YMCA Freediving Club and other West Hawaii freedivers would have been had. When I reported to the club and others that it was scuba spearfishing the council was focusing on they said good it should be regulated.

2.) At the January 2003 WHFC meeting, the subcommittee chair Mathias Kusch could not be present. On his proposal item 8 was left as “Other”. This was the setting for the council to show its hand. The no take by spear in established FRA’s was introduced and voted in. There was objection stating that freediving was not what was discussed but it was squelched and the vote allowed to stand.

3.) Established FRA’s encompass much of the easily accessible shoreline areas.
A. Spearfishing tournament sites are chosen because of emergency vehicle
accessibility. Several traditional tournament sites are in FRA’s.
B. Can we access the water in a FRA with our gear, swim out of the FRA,
spearfish and then come ashore in an FRA?
C. Can we access the water in an FRA with bluewater/pelagic gear, swim out of the FRA(600’), spearfish and then come ashore in an FRA?
D. FRA’s were established with tropical reef fish collecting in mind. I do not
believe anyone collects tropical reef fish diving from shore. Should your proposal become law, divers like myself without a boat would be shut out from most of the Kona coast unless transiting FRA’s is allowed. However if you allow divers to transit FRA’s with their gear enforcement of the rule becomes nearly impossible.

4.) I do not believe no take by spear in FRA’s is the best way to protect our resources.
A. The state has minimum size limits but we all know the larger individuals are the fish that need protecting as they are usually targeted and are prolific reproducers. I feel implementing a “sliding” size limit similar to ones in Florida and along the Colorado River is better. Allowing fishermen to keep medium size fish and throwing back juvenile and mature fish makes more sense.
B. Banning spearfishing yet still allowing other less selective types of fishing is neither fair nor wise. Spearfishermen can select not only the species of fish, but also the size and sex as well. We can just as easily let an individual pass by if it’s not what we are looking for. Strict size, bag and seasonal restrictions can be observed while spearfishing. There is no incidental “by catch”.
C. We have some good regulations on the books already. Push for more aggressive enforcement and prosecution of offenders. Empower DOCARE by lobbying for more money and manpower. Make it easier for prosecutors to confiscate the offender’s gear, boat, vehicle etc. under existing regulations. Offenders are charged with a misdemeanor and a minimal fine. “The price of doing business.”
D. Banning breath hold spearfishing in the FRA’s will most likely result in individuals diving alone without a float or dive flag in the FRA’s. This will be dangerous in many ways. No dive buddy to assist in case of trouble. No flag means boat traffic will not see diver. No float means nowhere to rest and shot fish strung on divers belt attracting sharks to his person.
E. I would like to see a FISHING SAFETY COURSE similar to the hunting course offered as well as a fishing license. The state could get valuable data, have an opportunity to educate the fishing public and collect fees that would go toward the conservation effort. Fishermen, for the most part, support a fishing license if monies are applied to protecting their interest.
F. The state eradicates goats, sheep and pigs because they are blamed for the demise of the forest. They spend thousands shooting them from helicopters and have made the sale of game mammals illegal. The same state wants to protect reef fish but allows the commercial sale of reef fish. This is not logical! If the bounty on reef fish is removed they stand a better chance. Revisit the law making the sale of reef fish illegal.
G. Artificial reefs located off Oahu and Maui has proven a great success.
Making habitat where previously there was none is a sound idea. My uncle, Rodney Yee, made the “Z” molds and blocks on Oahu. It is a relatively inexpensive and easy process.

Breath-hold spearfishing is a skill and an art. Individuals spend years in the water perfecting and honing their skills. Minutes at a time we learn the habits and behavior of various fish and how to get near them. Of all the methods of fishing we are the closest to our prey swimming along side them, braving swells and currents and sometimes becoming an unwilling link in the food chain. I have posed 4 serious questions and 7 alternatives to your proposal. Undoubtedly there are more. I ask that you reconsider banning this art form and work with us to find better ways to manage this resource.

Mahalo,



Daniel K. Mersburgh
73-1089 Makamaka St.
Kailua-Kona, HI 96740

(H) 325-6693 (W) 329-4997 (C) 896-1993

mersburgc001@hawaii.rr.com

[kitefisherman]

Does anyone what happened to these proposals?

[RabiSpear]

Spearing with tanks is illegal in most parts of the World. The United States is the exception in this case. Having used tanks exclusively for many years, I have gained a whole new appriciation for the ocean since taking them off. I know it is valued form of recreation for many on this board. For that reason, I believe it should be left primarily for commercial purposes.

[kitefisherman]

I have nothing but admiration and respect for freedive spearfishermen. However, scuba makes spearfishing accessible to many who might not otherwise be able to participate in spearfishing. It also opens to spearfishermen vast areas that cannot be hunted by freediving. It might also be argued that it offers a safer mode of spearfishing since there is no risk of shallow water blackout.

Most of the freedive spearfishermen that I know started on scuba and then "graduated" to freediving. Without scuba, they probably would have never freedived. Moreover, the main reason that I see motivating them to freedive is that by freediving they can harvest more and larger fish than scuba spearfishermen because they can be more stealthly without bubbles.

I have freedived for lobsters for 30 years and am learning to freedive spearfish now. Maybe I will change my mind someday, but I don't see freediving replacing scuba hunting but rather adding a new dimension to spearfishing. Most of the best freedivers I know still hunt on scuba a significant portion of the time that they are in the water.

[RabiSpear]

Very Good points. I will stand with everyone else to do our best to keep it from happening.

[kitefisherman]

RabiSpear: Glad to have you with us! If it makes you feel any better, I bought a railgun yesterday specifically for freediving :D

[OceanEd]

Rabispear:

Having lived outside the USA and spearing out there for over 15 years you get a different perspective to spearing on tanks once you come back to the USA.

To me, freediving and spearing is much more of a sport. I also agree that when you put a tank on you are harvesting. It doesn't mean that I don't take advantage of shooting with a tank on my back when I am in Florida, but I think there are valid reasons why the rest of the world passed laws saying you can't spearfish while on scuba.

We can argue the point back and forth all day, and I really don't want to get into it, that's not the point. The bottom line is that once again spearfishing is under pressure and threatened. Without strong representation (such as FRA is trying to develop) we are going to see increased pressure to pass laws against spearfishing.

Before I get letter bombed for these statements let me finish. Fish stocks are getting depleted, no question about it. It's mostly not our fault, but as long as we don't have a strong and active voice fighting for us we are the easiest target to blame. So the "quick fix" is going to be to get rid of scuba spearing as a first step.

How do we fight back? Support the efforts of those like FRA and help change our image to a more positive one.

[Spear One]

Reasonable recreational size limits, bag limits, and seasonal closures are all that is necessary to protect any fish species. The gear type or harvest method is moot, as long as the gear or harvest method is not ruled or proven to be "over effecient". No one with any common sense at all could ever claim any method of spearfishing is "over effecient" when comared to other gear types or harvest methods.

Less than 1/2 of 1% of all commercially harvested fish in the United States is taken by spear or spearfishing. Does anyone really think commercial fisherman have totally overlooked this golden opportunity to switch to spearfishing as one of their primary gear types? Heck no!

Recreational hook and line fisherman probably out number recreational spearfisherman by more than 500 to 1. Have these guys missed the golden opportunity to switch to spearfishing as well? Heck no!

There are many groups who are fighting for their own agendas and many are willing to sacrifice spearfishing to get what they want. Most of this "ban spearfishing" crap is politically or enviromentally motivated. It is rarely based on any reliable science, or statistical data.

[uluabusta]

From what I've heard, those proposals regarding diving and a bunch regarding pole fishing didn't make it this time due to heavy public outcry against it but some groups and politicians are planning to try and sneak them into legislature again.

Most divers here don't care whether you are a freediver or scuba diver, it's all a matter of preference and many do both depending on the location of the dive or what they are trying to catch.

Those proposals were concocted by environmentalists, scuba and snorkel tour companies and then attempted to get snuck in thru the back door by a bunch of foolish, shet for brains politicians who I'm sure will not be re-elected into office. In fact some of them have already begun making excuses, not apologies, for being so stupid. I guess those people didn't realize that because we live on an island water activities are our main source of recreation, fishing and diving here is as much a part of our culture as eating Hawaiian food.

[kmoose]

Originally posted by RabiSpear
mostly amounts to harvesting and not sport.

Comments like this are what drive wedges in groups of spearfishermen around the world. Try freeshafting an 80lb carbo in 200ft and see how sporty you feel. It would be very easy for me to say how unsporty it would be, like to bait fish that never see divers with chum and flashers only to take a ten foot shot with a five band wood bazooka (with what I've seen little regard for shot placement) hooked to a rope and a bouy.:rolleyes: Don't generalize my prefered method and I'll return the favor and support you. I've free dove for years (without leashes) so I've been on both sides of the fence. I'll take deep water freeshafting and wrestling hand to fin any day. I'm sure in the end Hawaii will ban the evil bubble blowers with little opposition form anyone, esspecially freedivers. But remember the next year when they come after you, the ex-bubblers will remember the support you did or didn't give.

[Spear One]

Rogers on that Moose!

[RabiSpear]

No offense, Moose. You guys are in a whole different catagory in my book. My respect for commercial diving is one of the biggest reasons why I will continue to support this stuff. Frankly, I do get turned off seeing recreational guys (like me) with huge stringers of smaller fish. That is what I was refering to. I always make a point to only take what I need, free or scuba. However, I can see how that is divisive and I will keep it to myself. Sorry to offend anyone, as I really do believe we all have a common interest.

[kmoose]

None taken, Just would love to see as much unity as possible when it comes to spearfishing of any kind. I don't want to be telling my grand kids how we used to be allowed to to it.

[florfreediver]

Hi All,
Having been in the same boat as Rabidiver (out of South Africa)and now having lived in the States for 10 years, and now a proud citizen, I have come to the following conclusions:
1. Freedive Spearfishing must not be seperated from Scuba spearfishing. In unity lies strength.
2. We must carry on endeavoring to be linked securely to the line anglers. In unity lies strength.
In South Africa, as a State Spearfishing Officer I used to regularly sit on the State Angling Union. We were called a "facet" of Angling and were fully accepted by the other facets. (Surf, Deep Sea etc)
The Angling Union had tremendous power.
Anyhow, just my 2c worth.
Regards,
Mike Damms.

[junior]

Stringers of small fish aside, you can start saying scuba shooting is not a sport as soon as they remove synchronized swimming from the olympics. Now THAT'S a sport:rolleyes:

Sticking together is the only way to get it done:cool:

[Spear One]

Rogers on that Mike!

[kitefisherman]

Uluabusta: Thanks for the legislative updates. The write ups on the Hawaii Skin Diver site that I posted made it seem that like the general consensus among Hawiian freedivers there was that the loss of scuba spearfishing was no big deal. Glad to hear that all Hawaiian freedivers aren't so intolerant of scuba. I think that many opposed to scuba would change their minds if they actually tried it and saw for themselves that while scuba gives you some advantages, those advantages are offset by disadvantages not faced by freedivers. It is all good; there is no reason to snipe at each other as it only makes each group more isolated and vulnerable. I suspect that other countries' intolerance for scuba hunting is based more on ignorance than anything else which is understandable since probably very few people in those countries have ever hunted on scuba.

[uluabusta]

Howzit kitefisherman,
You're welcome and like I mentioned many of the freedivers here also scuba dive but it depends on where they are hunting and / or for what. A lot of times we'll even go over to compare who caught what and have a good time gassing each other about it over a few beers. Here the waters are usually clean and being on an island if the water is dirty here just drive over to the other side where it's probably cleaner. That's why there are more freedivers and besides that it's cheaper. Most guys here swim out to check the reefs or kayak if they just want to hit deeper water faster. Not too many guys dive from a boat but the ones that do, often use scuba for cave diving or lobster diving. Whenever I read the posts hear like KMoose deep dives I think of learning how to scuba but I'm afraid I'll like it too much and end up blowing whatever extra cash I may have buying every piece of scuba gear known to exist and clutter my home with even more dive and fishing gear. If you come to Hawaii to dive you'll see what I mean, no one cares whether you skin or scuba dive, anything is good. Aloha, dive safe.