Spearing from shore regulations

[mugg]

I'm just wondering if someone could point me in the right direction,I'd like to find out what the regulations are for spearing from land with a hand thrown spear,no rubber.Ihave searched but couldn't find anything.Found plenty on diving with a spear gun.Any help would be much appreciated

Cheers

[snakecatcher]

I doubt you will find a specific regulation about land based spear fishing although I suspect anyone walking along the beach with a spear is going to have a visit from the cops and a trip in the back of a paddy wagon real quick

[scorpo92]

Traditional hunting.

[mugg]

I only ask because recently I saw a young bloke spearing mullet in an estuary with a hand made spear,got me thinking,is that legal?

[Triple]

As long as it's tidal waters and not in one of the exclusion zones listed for no spear fishing or signed as such then it's legal. Trying to find the exact tidal zone boundaries is a different story... I can't find any maps determining where the limits are. Bow fishing is under spearfishing regulations and throwing one by hand land based wouldn't be any different. The police can be called if the public seem to feel threatened or in danger but hard to charge you with anything if you aren't menacing anyone and only spearing fish.

http://www.daff.qld.gov.au/fisheries/recreational/rules-regulations/spearfishing-underwater-apparatus

http://www.daff.qld.gov.au/fisheries/recreational/rules-regulations/closed-waters-tidal-waters

[snakecatcher]

The police can be called if the public seem to feel threatened or in danger but hard to charge you with anything if you aren't menacing anyone and only spearing fish.
So by this logic I can walk down a road with a loaded rifle because I am only planning on shooting feral pigs..... Not saying you are wrong but it does seem a little odd

[Triple]

So by this logic I can walk down a road with a loaded rifle because I am only planning on shooting feral pigs..... Not saying you are wrong but it does seem a little odd

No, because there is specific legislation against doing just that in the weapons act with regards to carrying a firearm in public and particular conduct with a weapon in public without a reasonable excuse.

I should of said "may" be called and you get a "please explain"..

Spearfishing is a lawful activity in public areas ie: tidal waters - not closed and not signed "no spearing" etc) with the allowed equipment (no powerheads or scuba gear) so you have a reasonable excuse to carry one and use it in that area. (and keeping within size and possession limits of course)

Sections 57 of the Weapons Act Queensland states:


In this section-
weapon includes-

(a) an antique firearm, spear gun, long bow or sword; and
(b) a replica of a weapon; and
(c) a replica of a thing mentioned in paragraph (a); and
(d) a slingshot or shanghai


A person must not, without reasonable, carry a weapon exposed to public view in a public place
A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged.
A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place


If you are menacing people with it in public then that's a different story..

(7) In deciding what is a reasonable excuse for subsection (2) or
(3), regard may be had, among other things, to whether the
way the weapon is carried, or when and where it is carried,
would cause a reasonable person concern that he or she, or
someone else in the vicinity, may be threatened or harmed