Ozbow

I've been investigating the rules for bowfishing in QLD and have found it a not particularly straight forward investigation. For that reason I thought I'd share what I've found here to give other folks a bit of a head start if they are looking into it.

There are two key pieces of legislation governing fisheries management in QLD, the 'Fisheries Act 1994” and the “Fisheries Regulation 2008”. You can find copies of both at the following link: https://www.legislation.qld.gov.au/Acts ... s_SL_F.htm (correct at the time of this post). The one that concerns our endeavours is the “Fisheries Regulation 2008”.

You'll hear fellows say that bowfishing is legally the same as spearfishing. That is correct...
Fisheries Regulation 2008
Schedule 11
Part 2
Speargun includes a bow for propelling a spear.

Another potential problem is that of the public and police regarding your shooting a bow a 'discharge of a weapon' or something like that (someone told me when they were uncertain about bowfishing, they called and asked their local police, who told him he would be charged for a weapon offence if he were caught). I think the Regulation covers you there as well.
Fisheries Regulation 2008
Schedule 11
Part 2
recreational fishing apparatus means any of the following
fishing apparatus that may be used or possessed by a
recreational fisher under a regulated fishing apparatus
declaration—
(o) a spear;
(p) a spear gun;

I would say you're in a position to argue that makes a bow 'fishing apparatus' and not a 'weapon'.

So, what are the rules that apply to using a speargun/bow?

Well to begin with there is a list of 'regulated waters' in regard to using and possessing a speargun.

Fisheries Regulation 2008
Chapter 2 Regulated water declarations
Part 7 Declarations applying to recreational fishers
Subdivision 3 Possessing and using spears or spearguns
Paragraph 80

Regulated waters for sdiv 3
This subdivision applies to the following regulated waters—
• Tallebudgera Creek (spearing)
• Southern Moreton Bay (including The Broadwater)
• Pumicestone Strait (spearing)
• Moreton Island (artificial reef area)
• Jetties in, or south of, the Noosa River
• Mooloolah River (spearing)
• Maroochy River (spearing)
• Noosa River (spearing)
• North Sandy Strait (artificial reef area)
• Hervey Bay (artificial reef area off Woodgate)
• Bargara Beach
• Great Keppel Island
• North Keppel Island
• Seaforth Island
• Dunk Island
• Brampton Island–Pelican Island–Carlisle Island
• Lindeman Island
• Long Island
• Molle Island
• West Molle Island
• Hook Island (spearing)
• Hayman Island
• Main wharf at Port Denison, Bowen
• Cape Edgecumbe
• Jetties at Dungeness and Lucinda Point
• Richards Island
• Cooktown wharf and nearby pontoons.

Paragraph 81
Prohibited activities
A regulated person must not in the regulated waters—
(a) possess a spear or spear gun; or
(b) use a spear or spear gun to take fish; or
(c) possess fish taken in contravention of paragraph (b).

So in that big list of places you aren't allowed possess bowfishing tackle or use it. If you check out the actual legislation, in Schedule 1 there are detailed descriptions of all the regulated areas if you need any clarification.

Where are you allowed to use and possess them?

Fisheries Regulation 2008
Chapter 4 Other fisheries declarations
Part 1 Regulated fishing apparatus declarations
Subdivision 2 Regulation of particular fishing
apparatus in tidal waters
Paragraph 194 Using spears or spear guns
A recreational fisher may use a spear or a spear gun.

My understanding of that is that any QLD tidal waters that are NOT in the list of Regulated Waters are good to go within the broader rules of fishing (i.e. fish size, numbers etc).

I'm not a lawyer or anything, so don't take any of my opinion as gospel, but the references are verbatim from the Fisheries Regulation 2008.

I hope that helps somebody, and if anybody else has specific knowledge or experience this could be a helpful place to share it

Cheers,
Jim

all I know is in SA the only species allowed to be taken when bowfishing is the European carp (feral) and then must have a hunting permit to do so. As we know though Australia is never the same state to state.

off the top of my head i seem to remember that where allowed to bowfish you have to be no less than 50m from anyone not involved in the bowfishing.

In NSW it's a definite NO.

[Gear and methods
You are not permitted to:

Use gaffs in inland waters.
Use spears, spear guns or bows and arrows in inland waters.
Use explosives, firearms or electrical devices.
Use fish traps, cast nets, bait nets, yabby rakes or any other equipment to take fish or invertebrates other than gear specified within the waters prescribed.
Use your hand (e.g. ‘tickle’) to take Trout or Salmon.
Use a light to take Trout or Salmon.
Use a hand hauled yabby net in rivers or dams to take Yabbies.
Use traps and nets in trout waters except lift nets in Lakes Eucumbene and Jindabyne to take Yabbies.]

Afro, my understanding that for QLD inland waters are also prohibited, it's only in allowed in tidal waters.

Clinton, I'm to see you commenting as it was reading an article in a TBM by you bowfishing for sharks in NQ that made me decide it would be a worthwhile thing to do with a bow

Cheers fellas,

Jim

A friend of mine bow dishes and he says it's basically anywhere you can spearfish and it is classed as spearfishing it's self.

UPDATED LEGISLATION

Hey everyone,

There’s a new Fisheries Regulation 2019 and you’ll be pleased to hear that the bow fishing component is unchanged.

The new reference is:

Paragraph 8, Part 4, Schedule 10, Fisheries (General) Regulation 2019

A spear gun includes a bow for propelling a spear.

Thanks for the update Jim.

Jim- those sharks were taken in the NT not north QLD.

Clint, if there’s one thing I know for sure, my memory is full of large, state sized holes! Thanks for setting the record straight