Underwater fishing: legislation and regulations. From the license to practice underwater fishing to the rules to be respected (distance from the establishments, from the boats, which fish cannot be caught…). Fines and penalties.
Thereunderwater fishingit is not a practice that can be carried out in complete freedom. There are somereadto be respected both at national and regional level. On this page we will explain theregulation of underwater fishingnationwide, we will give you information on the varioussanctionsprovided and the rules to be respected. For local regulations, you will need to contact the harbor master's office in the area where you operate.
Underwater fishing: license
It is important to clarify that there is no real onelicenseto be able to practiceunderwater fishing but it is necessaryreportthe start of the activity to the appointed authorities. Reporting is free. How to do it? We have already explained this to you in the article "Underwater fishing, how to get started".
Underwater fishing: legislation
There is no singlereference law, the regulatory framework refers to several decrees and also to European Regulations. To give some examples, I point out theEC Regulation 1967/2006also known as the “Mediterranean Regulation”. Then there are someregulationsspecifications for bluefin tuna fishing and respect for natural habitats (Council Directive 1992/43 / EEC. At national level there are many technical measures, laws governingfishing for mussels, laws governing the fishing of sea urchin, sea snail, swordfish ... In addition there are differences betweenregulationsdedicated to amateur fishing and professional and sport fishing.
Underwater fishing: legal obligations
Let's immediately make an overview of the 10 legal obligations to be fulfilled forspearfishing.
- It is mandatory to report its position with the red flag bearing a white diagonal and must be kept within a radius of 50 meters from the signal.
- Thereunderwater fishingit must be done in apnea. It is therefore forbidden to fish underwater with cylinders.
- It is forbidden to fish in the vicinity of bathing establishments, maritime traffic areas, ports, piers or tourist areas. One must respect one minimum distance 500 meters frombeaches, tourist coasts and areas frequented by bathers.
- For safety reasons only, those who do underwater fishing can have a cylinder with a maximum capacity of 10 liters on board the boat.
- Anyone who does underwater fishing with a boat must be constantly followed by a person.
- If there is a cylinder on board the boat, it is also mandatory to keep a rope of sufficient length to ensure its recovery.
- There are also laws ondistancesto keep. Underwater fishing should not be done less than 100 meters from anchored vessels, fixed fishing facilities or laying nets.
- It is forbidden to fish in apnea from dusk to dawn (so no fishing at night, night fishing is prohibited).
- Among other prohibitions, the rifle can only be kept loaded under water.
- The spearfishing speargun can only be used by those over the age of 16.
Spearfishing: what you cannot fish
The relevant legislation is very clear: there are some species that cannot be fished and cannot be loaded on board the boat even if found already dead. What can't you fish?
- Dolphins (common dolphin, striped dolphin and bottlenose dolphin)
- Sea turtles
- Monk seal
- Pilot whale
- Sea devil
- Basking shark
- Cobice sturgeon
- Common sturgeon
- White shark
- Sea dates
- Noble fin
- White date
- All protected species
For those who go to fish for mussels, they must know that the maximum limit is 3 kg.
It is strictlyforbiddenthe use of electricity, explosives or toxic substances for spearfishing, including the use of copper sulphate (verdigris) to stun fish before capture.
Fines and penalties for spearfishing violating the regulation
Anyone who fishes or keeps one of the animals listed above, or who fishes using explosives or toxic substances, is subject tosanctionsvery strict. The penalties range from arrest from two months to two years or provide for the payment of onefinewhich goes from 2,000 to 12,000 euros in addition to the confiscation of the fish and equipment.
Fines are less expensive for other offenses. For example, anyone who fishes in areas reserved for fishing establishments or who does not respect the minimum distance of 500 meters from a bathing establishment or a marine area for free use, can be punished withsanctionsranging from 1,000 to 6,000 euros in addition to thesanctionincidental to the confiscation of fish and equipment.
For those who practice night fishing (underwater fishing at night), the penalties can be around 2,000 euros and increase exponentially in conjunction with other infringements.
The use of the fishing gun, even if it has only been given or temporarily entrusted to a child under 16, entails a fine ranging from 1,000 to 3,000 euros.
Recommended reading on underwater fishing
Never stop forming yourself and moreat the beginning! Among the recommended readings, in addition to the article reported above, I recommend purchasing a practical / technical manual. Among the many, the "Spearfishing Manual" is very complete. You can buy it on Amazon at a price of € 16.91 with free shipping.
For all the info and to read the introduction, we refer you to the Amazon page: Spearfishing Manual.