Malta
Europe · Southern Europe
Recreational spearfishing is legal in Malta and does not require a dedicated licence, but it is tightly regulated by directly-applicable EU law. Under Regulation (EU) 2019/1241 (and previously Council Regulation (EC) No 1967/2006) spear guns may only be used in recreational fishing WITHOUT an aqualung (underwater breathing apparatus / scuba) and only by day, from dawn until dusk; night spearfishing and spearfishing on scuba are prohibited. Spearfishing is also banned inside marine conservation areas, voluntary marine reserves around wrecks (e.g. Cirkewwa), designated swimmers'/bathing zones and protected archaeological zones at sea. EU minimum conservation reference sizes (Annex IX) apply to catch, recreational catch may not be sold, and bluefin tuna is effectively catch-and-release for recreational fishers. The national framework is the Fisheries Conservation and Management Act, Cap. 425.
最后更新 6月 23, 2026
管辖框架
- §Fisheries Conservation and Management Act, Chapter 425 of the Laws of Malta (Act II of 2001, as amended) - esp. Art. 36(2)(b),(e) regulation-making powers
- §Fishery Regulations, Subsidiary Legislation 425.01 (G.N. 206 of 1934, consolidated; same text also numbered S.L. 10.12) - Reg. 2 permits the fish spear without licence; Regs. 37-38 minimum sizes
- §Regulation (EU) 2019/1241 of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures - Art. 2(2) extends Arts. 7/10/11/12 to recreational fishing; Art. 7(1)(g) spear-gun rule; Annex IX Mediterranean minimum sizes
- §Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (Art. 8(4); now superseded by Reg. (EU) 2019/1241)
- §Fishing Vessels Regulations, Subsidiary Legislation 425.07
- §Notice to Mariners No. 5 of 2008 (Conservation Areas Around Wrecks)
- 需要许可证
- 无需
- 鱼枪
- 允许
- 水肺
- 禁止
- 外国人
- 欢迎
法律原文
法律条文
管辖此处鱼叉捕鱼的确切法律与法规条款,按发布原文引用,并附每个官方来源的链接。
Prohibited fishing gears and methods - projectiles and spear guns
Regulation (EU) 2019/1241
any type of projectile, with the exception of those used to kill caged or trapped tuna and of hand-held spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk.
Restriction on spear-guns with breathing apparatus and at night (superseded predecessor rule)
Council Regulation (EC) No 1967/2006 [predecessor of the in-force Reg. (EU) 2019/1241 Art. 7(1)(g) above]
Spear-guns shall be prohibited if used in conjunction with underwater breathing apparatus (aqualung) or at night from sunset to dawn.
Fisheries Conservation and Management Act - short title and scope
Fisheries Conservation and Management Act, Chapter 425 (Act II of 2001, as amended)
To make provision for the regulation, conservation and management of the fisheries of Malta and matters incidental thereto. ... 1. The short title of this Act is Fisheries Conservation and Management Act.
Definition of commercial fishing (catching/taking fish for sale)
Fisheries Conservation and Management Act, Chapter 425 (Act II of 2001)
"commercial fishing" means the catching or taking of fish for sale;
Recreational fishing rules apply to spear guns (EU technical measures bind recreational fishers)
Regulation (EU) 2019/1241
Articles 7, 10, 11 and 12 shall also apply to recreational fishing.
Power to regulate amateur and recreational fishing (national regulation-making power)
Fisheries Conservation and Management Act, Chapter 425 (Act II of 2001, as amended)
[such regulations may provide for:] ... (e) the regulation of amateur and recreational fishing;
Power to set closed areas, closed seasons, sizes and to prohibit fishing methods
Fisheries Conservation and Management Act, Chapter 425 (Act II of 2001, as amended)
[such regulations may provide for:] ... (b) the conservation, management and protection of fish resources including the establishment of closed areas and closed seasons, the prescription of the limits on the amounts, sizes and weights of fish caught, retained or traded, the prescription of mesh sizes of nets, the control and use of types of fishing gear, the control and prohibition of methods of fishing and the protection of fish stocks and their habitats ...
Fish spear permitted without any licence (no licence for hand-spear fishing)
Fishery Regulations, Subsidiary Legislation 425.01 (G.N. 206 of 1934, consolidated)
Subject to the provisions of regulations 10 and 11, the use of the following fishing implements and methods is permitted without any licence at all times and in all localities: (i) all methods of hook and line fishing ...; (ii) the fish spear or grains; ... [The 'fish spear or grains' is a traditional hand-thrown/hand-held spear (Maltese 'grains' = a multi-pronged gig); the legality of a modern powered speargun for recreational divers derives separately from Reg. (EU) 2019/1241 Art. 7(1)(g).]
Licence required for any fishing implement not listed in Regulation 2
Fishery Regulations, Subsidiary Legislation 425.01 (G.N. 206 of 1934, consolidated)
The use of any fishing implement which is not mentioned in regulation 2 is subject to a licence from the Director of Fisheries.
National minimum landing sizes (schedule)
Fishery Regulations, Subsidiary Legislation 425.01 (G.N. 206 of 1934, consolidated; schedule substituted by L.N. 58 of 1979)
37. It shall not be lawful to sell or buy or be on land in possession of any fishes or cephalopods of a size less than is prescribed in regulation 38 ... 38. The minimum sizes of fishes, measured overall, shall be according to the following schedule: Voparella and Vopa (Box boops) 90 millimetres; Ar[g]nella and Munqara (Smaris vulgaris) 90 millimetres; Trilja or Red Mullets (Mullus barbatus and Mullus surmuletus) including Triljetta 100 millimetres; All other fishes except those mentioned in regulation 37 - 115 millimetres; Cephalopods ...: Cuttlefish 75 millimetres; Squid 100 millimetres. [These national minima sit alongside the EU Mediterranean minimum conservation reference sizes in Annex IX of Reg. (EU) 2019/1241, which are directly applicable; the stricter rule applies.]
何时可以潜水
季节与时间限制
全年的禁渔、开放与受限期。请务必向当地确认针对特定鱼种的禁渔期。
- 受限All spearfishing (time-of-day restriction)sunset – dawn
Spearfishing with spear guns is prohibited at night, from sunset/dusk until dawn; spear guns may only be used in daylight (dawn until dusk). Basis: Reg. (EU) 2019/1241 Art. 7(1)(g); Council Reg. (EC) 1967/2006 Art. 8(4).
- 受限Designated bathing / swimmers' zones (seasonal, typically summer)unknown – unknown
Fishing, including spearfishing, is not allowed in designated swimming zones; these are set seasonally (mainly summer) and change year to year, so local notices must be checked.
捕鱼许可
许可证
下水所需具备的条件、费用,以及如何办理。
- 类型
- No dedicated spearfishing licence; recreational shore/underwater fishing requires no permit
- 费用
- None for recreational spearfishing
- 有效期
- n/a
- 如何办理
- No licence is required to spearfish recreationally in Malta: the fish spear is among the implements that Fishery Regulations S.L. 425.01 Reg. 2 permits 'without any licence at all times and in all localities'; only an implement NOT listed in Reg. 2 needs a licence from the Director of Fisheries (Reg. 3). A separate recreational permit from the Department of Fisheries and Aquaculture is required for recreational bluefin tuna fishing (registration is free; catch limit 1 fish per boat per trip, may not be sold).
- 主管机构
- Department of Fisheries and Aquaculture (DFA), Malta
装备与技术
装备规则
允许使用哪些装备、如何使用,以及附带的条件。
限制
- Spear guns may NOT be used in conjunction with underwater breathing apparatus (aqualung/scuba); free-diving / breath-hold only
- Spear guns may only be used by day, from dawn until dusk; night spearfishing is prohibited
- Spear gun defined in EU law as a pneumatic or mechanically powered hand-held gun that shoots a spear for the purpose of underwater fishing
Restrictions derive from directly-applicable EU law (Reg. (EU) 2019/1241 Art. 7(1)(g), formerly Council Reg. (EC) 1967/2006 Art. 8(4)). No specific national cap on number of spears was identified.
可捕获什么
捕获限制与受保护鱼种
每日配额、最小尺寸,以及绝不可捕捞的鱼种。
每日限额
No specific recreational daily bag limit identified for general species; recreational catch may NOT be sold. Bluefin tuna effectively catch-and-release (retain only if over 115 cm / 30 kg and may not be marketed).
最小尺寸
- European sea bass (Dicentrarchus labrax)最小 25 cm
- Groupers (Epinephelus spp.)最小 45 cm
- White sea-bream (Diplodus sargus)最小 23 cm
- Gilt-head sea-bream (Sparus aurata)最小 20 cm
- Common sea bream / red porgy (Pagrus pagrus)最小 18 cm
- Red mullets (Mullus spp.)最小 11 cm
- Bluefin tuna (Thunnus thynnus)最小 115 cm
受保护鱼种——禁止捕捞
- 受保护Atlantic bluefin tuna (Thunnus thynnus) - recreational catch effectively catch-and-release, may not be marketed
- 受保护Dusky grouper / groupers (Epinephelus spp.) - minimum size and conservation concern
- 受保护Dentex and amberjack - minimum legal sizes apply
Minimum sizes are the EU Mediterranean minimum conservation reference sizes set in Annex IX of Regulation (EU) 2019/1241. Bluefin tuna minimum landing reference is 115 cm or 30 kg. Recreational anglers may not sell any part of their catch.
谁可以捕鱼
访客与居民
针对外国访客与当地居民的规则有何不同。
外国访客
允许限制
- Same rules as residents: no scuba, daylight only, respect protected/swimmer/conservation zones, EU minimum sizes, no sale of catch
No spearfishing licence is required in Malta for residents or tourists, so foreigners may spearfish recreationally under the same EU and national rules. No nationality-specific restriction was identified.
居民
No recreational spearfishing licence required
Recreational spearfishing requires no permit for residents. Owning/operating a fishing vessel is separately regulated under the Fishing Vessels Regulations (S.L. 425.07).
海岸何处
允许与禁止区域
对鱼叉捕鱼开放或关闭的命名区域。在互动地图上查看全貌。
允许区域
Recreational shore and boat spearfishing is generally permitted in Maltese coastal waters by daylight without scuba, subject to EU minimum sizes and no-sale rules, provided the area is not a marine conservation area, voluntary marine reserve, archaeological zone or designated bathing zone.
No scuba/aqualung; daylight only; EU Annex IX minimum sizes; catch may not be sold; bluefin tuna catch-and-release for recreational fishers.
禁止区域
- Cirkewwa Voluntary Marine Reserve (P29 and Rozi wrecks area)voluntary marine reserve / conservation area around wrecks
Conservation area around wreck/dive sites near Cirkewwa where spearfishing and bottom-touching fishing gear are prohibited; covers roughly a 200 m coastal stretch around the wreck sites. Established via Notice to Mariners No. 5 of 2008 (Conservation Areas Around Wrecks).
- Marine conservation areas (general)marine conservation area
Within conservation areas, spear fishing and the use of fishing gear such as set bottom lines, trammel nets, gill nets and entangling nets are prohibited.
- Designated swimmers' / bathing zonesswimming / bathing zone
Any type of fishing gear/implements, including spearfishing equipment, is banned within designated bathing areas (seasonal swimmer zones).
- Protected archaeological zones at seaarchaeological protection zone
Spear fishing and the use of fishing gear such as set bottom lines, trammel nets, gill nets are prohibited in archaeological zones at sea; only surface fishing and trolling are allowed.
- Commercial dive sites and marine parksmarine park / commercial dive site
Spearfishing is prohibited in Malta's marine parks and at commercial dive sites.
- Conservation Area around the Um El Faroud wreck (Wied iż-Żurrieq)marine conservation area around wreck / dive site
Conservation area declared by the Department of Fisheries and Aquaternaculture around the Um El Faroud wreck off Wied iż-Żurrieq on Malta's south coast. This is one of the highest-protection (Category A) zones where spearfishing, trolling, set bottom lines, trammel/gill/entangling nets, demersal pots and traps are prohibited and no navigation or fishing of any type is allowed. Listed in the Conservation Areas Around Wrecks Notice to Mariners.
- Conservation Area around the Xatt l-Aħmar wrecks (Gozo)marine conservation area around wrecks / dive site
Conservation area off Xatt l-Aħmar (Red Bay) on the south-eastern coast of Gozo, covering the scuttled wrecks MV Karwela, MV Cominoland and MV Xlendi. A Category A no-fishing/no-navigation conservation zone where spearfishing and the listed fishing gears are prohibited per the Conservation Areas Around Wrecks Notice to Mariners.
- Conservation Area at Marsascala / Żonqor Pointmarine conservation area around wrecks / dive site
Conservation area off Marsascala (Żonqor Point) on Malta's south-east coast, covering scuttled tugboat wrecks (St Michael / Tug 10). One of the Category A zones where spearfishing, trolling and other fishing gears are prohibited and no fishing of any type is allowed; the dive-flag exception does not apply here.
- Conservation Area at Il-Ponta ta' San Ġiljan (St Julian's)marine conservation area around wreck / dive site
Conservation area off Il-Ponta ta' San Ġiljan (St Julian's Point) on Malta's east coast where spearfishing is prohibited under the Conservation Areas Around Wrecks Notice to Mariners. Classified as a benthic-protection (Category B) zone with a limited trolling exception when no diving vessel displays the Alpha flag, but spearfishing remains banned.
- Conservation Area around the P31 wreck (Comino)marine conservation area around wreck / dive site
Conservation area around the scuttled patrol-boat wreck P31 off the west coast of Comino (between Lantern Point and Cominotto). A conservation area around a wreck where spearfishing and benthic fishing gears are prohibited per the Conservation Areas Around Wrecks Notice to Mariners (200 m buffer).
- Rdum Majjiesa to Ras ir-Raħeb marine protected areamarine SAC / marine protected area (Natura 2000)
Malta's first marine protected area (designated 2005), a Natura 2000 marine Special Area of Conservation on the north-west coast of Malta between Rdum Majjiesa (Mellieħa) and Ras ir-Raħeb, protecting Posidonia oceanica meadows and reef habitat. As a marine conservation area, spearfishing and benthic fishing gears are subject to conservation measures.
- Żona fil-Baħar bejn Il-Ponta ta' San Dimitri (Għawdex) u Il-Qaliet — north-west Gozo marine SACmarine SAC / marine protected area (Natura 2000)
Marine Natura 2000 Special Area of Conservation (site code MT0000105, ~159 km², 100% marine) along the north-western and northern coast of Gozo from Il-Ponta ta' San Dimitri eastward. Protects Posidonia oceanica beds, reefs and the loggerhead turtle. As a marine conservation area, spearfishing and benthic fishing gears are subject to conservation measures.
水上水况
实时水况
来自 Open-Meteo 的 Malta 沿海参考点附近的实时海洋与天气快照。沿海各处水况各异——仅供参考。
Cirkewwa Voluntary Marine Reserve (P29 and Rozi wrecks area) 附近的实时海洋与天气。
向谁咨询
主管机构
负责渔业与许可证的官方机构。
Department of Fisheries and Aquaculture (DFA)
fisheries authority
dfa.gov.mtGhammieri Government Farm, Triq l-Ingiered, Marsa MRS 3303, Malta; email infofisheries.mafa@gov.mt; tel +356 2292 6990Ministry for Agriculture, Fisheries and Animal Rights
environment / agriculture ministry
agric.gov.mtMaltaTransport Malta (Ports and Yachting / Notices to Mariners)
maritime authority
transport.gov.mtRescue Coordination Centre tel 21809279 / 22494202
信息来源
来源
本页的每一项陈述均可追溯至以下参考资料之一。
- [01]
Laws related to diving and the marine environment in Malta - divinginfo.mt
二手divinginfo.mt访问于 6月 15 - [02]
Spearfishing Malta - Regulations, Rules, Prohibited Zones
communityspearfishing.mt访问于 6月 15 - [03]
Regulation (EU) 2019/1241, Article 7 (Prohibited fishing gears and methods)
官方legislation.gov.uk访问于 6月 15 - [04]
Regulation (EU) 2019/1241, Annex IX (minimum conservation reference sizes, Mediterranean)
官方legislation.gov.uk访问于 6月 15 - [05]
Fisheries Conservation and Management Act, Chapter 425 of the Laws of Malta (UN DOALOS copy)
官方un.org访问于 6月 15 - [06]
Cirkewwa Voluntary Marine Reserve - spearfishing illegal; cites EC 1967/2006 Art 8(4)
community - [07]
Department of Fisheries and Aquaculture (DFA) - official website
官方dfa.gov.mt访问于 6月 15 - [08]
Malta Fishing Forum - Local Fishing Regulations (cites S.L. 10.12, EC 1967/2006, EC 302/2009; recreational bluefin permit 1/boat/trip, no sale)
communitymaltafishingforum.com访问于 6月 23 - [09]
Fisheries Conservation and Management Act, Chapter 425 (FAOLEX official PDF, Act II of 2001 as amended) - verbatim Arts. 1, 2, 36(2)
官方faolex.fao.org访问于 6月 23 - [10]
Fishery Regulations, Subsidiary Legislation 425.01 (FAOLEX official PDF) - verbatim Regs. 2, 3, 37, 38 (fish spear without licence; minimum sizes)
官方faolex.fao.org访问于 6月 23 - [11]
Fishery Regulations S.L. 10.12 (consolidated English text) - same provisions as S.L. 425.01
官方maltafishingforum.com访问于 6月 23 - [12]
Regulation (EU) 2019/1241 body (legislation.gov.uk retained-EU-law) - Art. 2(2): Arts. 7,10,11,12 also apply to recreational fishing
官方legislation.gov.uk访问于 6月 23 - [13]
MaltaToday - recreational lampuki bag limits (confirms recreational catch is personal use, not for sale)
二手maltatoday.com.mt访问于 6月 23
研究员备注
Malta has no standalone spearfishing statute; recreational spearfishing legality is governed by (a) directly-applicable EU technical-measures law - Regulation (EU) 2019/1241 (replacing Council Reg. (EC) 1967/2006): Art. 2(2) makes Arts. 7, 10, 11 and 12 apply to recreational fishing, and Art. 7(1)(g) permits hand-held spears and spear guns in recreational fishing only WITHOUT an aqualung and only from dawn until dusk; and (b) the national Fisheries Conservation and Management Act, Cap. 425 (Art. 36(2) empowers regulations on closed areas/seasons, sizes, gear, and on amateur/recreational fishing), implemented chiefly by the Fishery Regulations S.L. 425.01 (= S.L. 10.12). Net effect: spearfishing is allowed but restricted (no scuba, daylight only, no protected/swimmer/conservation/archaeological zones, EU + national minimum sizes, no sale of catch). NO recreational spearfishing licence is required - confirmed verbatim by S.L. 425.01 Reg. 2, which lists 'the fish spear or grains' among implements usable 'without any licence at all times and in all localities'; only implements not listed in Reg. 2 need a Director-of-Fisheries licence (Reg. 3). A separate recreational permit applies to bluefin tuna (free registration; 1 fish/boat/trip; not for sale). Confidence upgraded medium -> high: the no-licence finding, the recreational-applicability clause (Reg. (EU) 2019/1241 Art. 2(2)), Art. 7(1)(g), the Cap. 425 regulation-making powers (Arts. 36(2)(b),(e)) and the national minimum-size schedule (S.L. 425.01 Regs. 37-38) were all re-fetched verbatim from official primary PDFs (FAOLEX consolidated Cap. 425 and S.L. 425.01) or the legislation.gov.uk retained-EU-law mirror. The 'fish spear or grains' wording is a traditional hand spear; the modern powered speargun's recreational legality rests on EU Art. 7(1)(g), so the two are cited together. Caveats: EUR-Lex pages (and the Maltese government agricultureservices.gov.mt fisheries page) would not render via the fetch tool, so EU texts are cited from the legislation.gov.uk official mirror; the superseded EC 1967/2006 Art. 8(4) verbatim remains sourced only to a community page (kept as historical context, clearly labelled superseded). Cirkewwa coordinates are approximate (wreck/reserve location, not an official boundary). The full named list of seasonal swimmer zones changes yearly and is set by local notices, not captured here. Inland/freshwater spearfishing: Malta has no permanent rivers or natural lakes; it is a small island that relies on desalination, and its only inland water features are seasonal valley streams (widien) and a few small artificial reservoirs/pools - there are effectively no inland water bodies where freshwater spearfishing is practiced or regulated, making the question moot in practice.
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