Provision banning fishing with lights in bays and harbours repealed – Octopi and cuttlefish under increased threat!

Through a legal notice issued by the Government in the Government Gazette on boxing day (26 December 2025), the Minister responsible for fisheries and aquaculture repealed regulation 48 in the Fishery Regulations (in place potentially since 1934).

The repealed regulation stated:

“The use of lights for fishing purposes shall not be permitted within bays and harbours.” .

S.L. 425.01 Fishery regulations prior to the above update

This rule will mainly allow hobby fishermen to fish with lights inside bays and harbours. Fishing using a lampara (a strong light shining downwards from a fishing boat) – is still subject to fishing permits. Actually it’s not that this would be a new practice, it was not exactly something subject to realistic enforcement and was practiced before – the author of this article recollects recovering a fallen light for a fishermen at Wied iż-Żurrieq some years ago during a night dive, and then getting entangled in his fishing line!

Reminder that spearfishing with spearguns whilst using SCUBA gear and/or at night is still illegal as per EU Regulation 2019/1241

“7. Restrictions on fishing with spear guns
It shall be prohibited to fish with spear guns if used in conjunction with underwater breathing apparatus (aqualung) or at night from sunset to dawn.”

https://eur-lex.europa.eu/eli/reg/2019/1241/oj/eng

However, this change in legislation now probably also opens a loophole for another type of fishing – breath-hold diving using lights and hand-held hooks. We can envisage in our shallow bays such fishermen trawling the bays and clearing out the few remaining octopus and cuttlefish, which are mainly active at night and through their curiosity, don’t speed away when lights are shined on them! Unfortunately neither species’ catch sizes nor the use of hand-held hooks are regulated either.

So next time you’re night diving in some sheltered bay, it may not be another dive team or buddy who is shining a light towards you… but someone keen to catch marine life at night… so don’t act fishy and watch out for fishing lines & hooks!