The specific byelaw referred to is the “Skin-diving for Shellfish Byelaw” - No. 533 of 1966 which prohibited diving, with and without aided breathing apparatus, for the taking of shellfish principally scallops but also other shellfish such as lobsters or crayfish. It is considered that removing the prohibition would disadvantage long standing fishermen who employ established harvest methods, many of whom have invested very significantly in ensuring their fishing vessels meet exacting licencing and safety standards.
These fishermen are involved in a recognised commercial activity and catch scallops and other shellfish by dredges or pots in many cases as one of their principal sources of income. It should also be noted that such a change would completely alter the dynamic of the long standing small scale commercial activity which is important in many peripheral coastal communities.
Any such change could result in a significant take of this prized fish product by recreational divers as opposed to commercial fishermen who make their living from the sea. On this basis no consideration has been given to seeking a revision of this byelaw.