Spearfishing is currently prohibited in the Virgin Islands, but Premier Dr. Natalio “Sowande” Wheatley expects that to change when a new fisheries law and regulations take effect later this year, he said recently in the House of Assembly.
The new legislation, however, would not allow scuba gear to be used for spearfishing, he said.
Dr. Wheatley provided the information in response to questions from opposition member Julian Fraser during a May 2 HOA meeting.
“Can the [premier] please tell [if] his government acknowledges spearfishing — commercial or otherwise — in the [VI] as legitimate?” Mr. Fraser asked.
If so, he requested that the premier explain the law that authorises the practice. If not, he asked the premier to provide an update on any efforts to accommodate spearfishing.
Dr. Wheatley responded, “My government recognises spearfishing as a method of catching fish and a spear gun as an apparatus used to catch fish. Though the [VI] Food Security and Sustainability Act, 2022, supports the technique of spearfishing, it has yet to come into force by notice published in the Gazette.”
The law, he said, has been delayed because supporting regulations are still in the drafting stages. In the meantime, Dr. Wheatley said, the 1997 Fisheries Act and 2003 Fisheries Regulations prohibit harvesting fish with a spear.
“Under these principal legislations, spearfishing remains prohibited,” the premier explained. “However, we intend to amend the Fisheries Act and Regulations to allow the method of spearfishing before the end of this year’s third quarter.”
‘Longstanding matter’
Mr. Fraser pressed further, noting that the legality of spearfishing has been a “longstanding matter” of debate.
“Every administration seeks to find ways to accommodate the folks in this area,” the opposition member said.
“Do you know if there are any extenuating circumstances why we have not been able to accomplish, through law, the fishing by spearguns?”
Dr. Wheatley responded by explaining his role in passing the Food Security and Sustainability Act, 2022.
“Of course, there were arguments for and arguments against [spearfishing],” the premier said. “I listened carefully to all of those arguments, and then I made a decision after consultation with various stakeholders, including the fisherpersons themselves engaged in this practice. And once that decision was made, it was included in the Food Security and Sustainability Act, 2022.”
Since then, he explained, the ministry had advised that new regulations be enacted alongside the 2022 law to properly enforce its provisions.
“I certainly would admit … that process is taking a lot longer than I would have liked,” the premier said. “There has been an interim solution that has been put forward amending the current act, but that too is taking some time, and I have asked the permanent secretary to expedite the process.”
Scuba diving question
Continuing his line of questioning, Mr. Fraser asked the premier if the 2022 act would permit spearfishing while scuba diving.
The premier replied that it would not, and he acknowledged that the topic had been a matter of debate.
Some stakeholders, he said, have raised concerns about the environmental impact of scuba-aided spearfishing.
“Using scuba [extends] the fishing reach and access to deeper fishing waters,” he said.
Spearfishers, on the other hand, argue that scuba gear “enhances the fishing experience and targeting of desired fish species,” he explained.
The premier added that he is open to taking another look at the question.
“I will admit … that when we were doing the Food Security and Sustainability Act, I hadn’t had representation on scuba at that particular time,” he said. “So we had not included it as a regulated and legitimate method. That is always something that we can return to.”
