Hawaiian slings / hand Spear / Spear gun Flounder hunting.

[hornet]

After reading else where that a guy was fined for using an illegal spear for taking flounder I decided to get a definitive answer.

The subject of regulations in what constitutes a legal way of taking flounder has plagued me for a while.

What I have found is a hand spear in Victoria for taking flounder must have No Barbs and no more than 2 Prongs to be legal.. simple eh ?

maybe not...

Now if you use a Hawaiian sling with 5 prongs with Barbs it is legal to take flounder.. ! wtf ?

let me explain, if the spear has a mechanical device that is capable of imparting propulsive energy it becomes a spear GUN !
In the case of a Hawaiian sling it's the rubber band ! which makes it a spear gun !

There is no regulation for spear guns as they can legally have multiple prongs with barbs !

So if you want to use a spear with as many prongs as you like just add a big sewage pipe o-ring to the end to impart propulsion and it becomes a spear gun.

Here are the regs below which I derived my conclusion from... PLEASE CORRECT ME IF I AM INCORRECT.

( Note the wording ! "hand held spear" // "spear gun" )


Hand held spear

A hand-held spear must not have any barbs or more than two prongs.

It may be used to take fish (other than rock lobster and abalone) in marine waters.

The use or possession of a hand-held spear is prohibited: within 30 m of any jetty; within 30 m of the mouth of any creek or river (see Definition);


Hawaiian sling / Triggerd spear gun

A spear gun is a mechanical device or object that is capable of imparting propulsive energy to a spear or arrow.

A spear gun may be used to take fish (other than rock lobster) in marine waters.

The use or possession of a spear gun is prohibited: within 30 m of any jetty; within 30 m of the mouth of any creek or river (see Definition)

http://agriculture.vic.gov.au/fisheries ... ine-waters

[mingle]

Yeah, this one had me confused too...

I've used a Hawaiian sling-type spear to spear flounder, flatties, crabs, etc for a while
and was only aware that it might be against regulations when I read the fisheries guide
a while ago.

Personally I think the regs should be changed to allow barber/5-prong spear heads on hand-spears.

A barbless, two-pronged spear-head makes it much harder to get some fish - flatties, in particular -
under control and into the bag. The chances of a seriously injured fish escaping (and dying) is
very great.

Just my $0.02

Mike.

[ecoronad]

Just looked through the fisheries guide online and could not find anywhere that says you cannot use a spear gun in port phillip bay. By definition, the Hawaiian sling is a spear gun due to the propulsion, but it doesn't mean you can't use it to take flounder or flathead in port phillip bay.

However, if you are wading along the shore as you would when floundering, you must not take any invertebrates apart from "marine worms, burrowing shrimp, squid, octopus and cuttlefish". That means crabs cannot be taken from the intertidal zone.

That's my interpretation of the regs. All those years I've been removing 3 of the five prongs and debarbing my Hawaiian sling have been a waste of time!

[Texas]

Just looked through the fisheries guide online and could not find anywhere that says you cannot use a spear gun in port phillip bay. By definition, the Hawaiian sling is a spear gun due to the propulsion, but it doesn't mean you can't use it to take flounder or flathead in port phillip bay.

However, if you are wading along the shore as you would when floundering, you must not take any invertebrates apart from "marine worms, burrowing shrimp, squid, octopus and cuttlefish". That means crabs cannot be taken from the intertidal zone.

That's my interpretation of the regs. All those years I've been removing 3 of the five prongs and debarbing my Hawaiian sling have been a waste of time!

That's how I read it
Only hand held have restrictions on prongs & barbs
Maybe your more likely to stab your foot, with a hand held
Gra

[crumpet_avenger]

I went to rye last year and asked the tacklestore owner for a flounder setup. He sold me a led light and a 3 pronged hand held spear which has barbs.
Lucky i didnt get a fine i suppose.

I didnt even think to check the rules.
He told me he sells heaps of them too.

Fishing rules and regs are so hard you need a degree to be able to fish.
When you ask an expert for advice they shouldnt be able to sell you something which is illegal to use.. would.of ****** my whole christmas up if I got a fine

[Brett]

I went to rye last year and asked the tacklestore owner for a flounder setup. He sold me a led light and a 3 pronged hand held spear which has barbs.
Lucky i didnt get a fine i suppose.

I didnt even think to check the rules.
He told me he sells heaps of them too.

Fishing rules and regs are so hard you need a degree to be able to fish.
When you ask an expert for advice they shouldnt be able to sell you something which is illegal to use.. would.of ****** my whole christmas up if I got a fine

The rules regarding this haven't changed(or if they have very slightly) for 25 to 30 yrs. I can remember my old man telling me what I was and wasn't allowed to use way back then as a teenager looking for things to do. Floundering and prawning was easily accessible back then growing up in Port Albert.

As for tackle store owners and employees, a few of them don't care and would rather make a $ than tell you that what they are selling is illegal to use in the local area(opera house nets a prime example).
Others turn a blind eye, because there are so many ppl out there that don't give a crap about the rules and use the equipment anyway, I mean half of them don't even bother to get a licence for the cpl of days they are down here. "never been checked before" is a common phrase I used to hear on a friday afternoon, when catching up with the fellas in the local tackle store.

[crumpet_avenger]

I went to rye last year and asked the tacklestore owner for a flounder setup. He sold me a led light and a 3 pronged hand held spear which has barbs.
Lucky i didnt get a fine i suppose.

I didnt even think to check the rules.
He told me he sells heaps of them too.

Fishing rules and regs are so hard you need a degree to be able to fish.
When you ask an expert for advice they shouldnt be able to sell you something which is illegal to use.. would.of ****** my whole christmas up if I got a fine

The rules regarding this haven't changed(or if they have very slightly) for 25 to 30 yrs. I can remember my old man telling me what I was and wasn't allowed to use way back then as a teenager looking for things to do. Floundering and prawning was easily accessible back then growing up in Port Albert.

As for tackle store owners and employees, a few of them don't care and would rather make a $ than tell you that what they are selling is illegal to use in the local area(opera house nets a prime example).
Others turn a blind eye, because there are so many ppl out there that don't give a crap about the rules and use the equipment anyway, I mean half of them don't even bother to get a licence for the cpl of days they are down here. "never been checked before" is a common phrase I used to hear on a friday afternoon, when catching up with the fellas in the local tackle store.

So maybe fisheries should check these guys in the stores. If a plain clothed fisheries asked for a flounder setup and got a 3 pronged hand held spear could he do anything?
People cant just sell marijuana in a shop because its illegal.
Same should apply to fishing tools.

[smile0784]

How are they allowed to sell something they know that its not allowed to be used for the intended use.
Doesnt this breach the fair work act and product disclosure warranty for appropriate use of item.

[smile0784]

On second hand arent they failing there duty of care to a customer for knowing letting the customer buy a item that would put them in breach of a authority body?

[Texas]

Like many items they are illegal to use,but, not to sell
eg-- radar detector
Oprah house nets
Cray pots
Bongs (may have changed)
There's plenty more, but, the brain won't work
Oprah house nets are a big peeve of mine, go into any "branded" tackle shop & there're for sale.
Can you use them in NSW or SA ????