Island Spear Co.

Regulations Maryland

Spearfishing Regulations in Maryland

Checked against the primary source (DNR) on July 5, 2026state

Governing agency: Maryland Department of Natural Resources (DNR), Fishing and Boating Services. Last verified July 5, 2026 by independent primary-source check.

Summary

Spearfishing is legal in Maryland, a coastal state with Atlantic Ocean, coastal-bay, and Chesapeake Bay tidal waters plus non-tidal (freshwater) rivers, lakes, and ponds. Under Natural Resources Article § 4-510 you may use a speargun and spear only under DNR rules, and those rules (COMAR 08.02.25.03 for tidal waters, 08.02.25.02 for non-tidal) permit four projectile-gear types — archery equipment, gig, spear, and spear gun — with a mandatory retrieval line (except gigs, which must be hand-propelled with no more than three prongs). A recreational fishing license is required, and an enumerated list of game and protected species (striped bass, trout, walleye, bass, pike, muskellunge, snapping turtles, and — in tidal waters — all sharks and American lobster) may NEVER be taken by spear.

License

What you need to be legal

LegalA license is required
License
Maryland recreational fishing license — Chesapeake Bay & Coastal Sport Fishing License (tidal) or Non-tidal (freshwater) Fishing License
Who needs it
Anyone age 16 or older who fishes — including by spear or speargun — generally needs a license. Which one depends on the water: the Chesapeake Bay & Coastal Sport Fishing License covers tidal/marine waters, and the Non-tidal Fishing License covers freshwater. A trout stamp is additionally required to target trout (though trout may not be speared at all). Passengers fishing from a licensed charter/guide boat or in designated license-free areas may instead need only the free Maryland Angler's Registration.
Resident cost
Non-tidal (freshwater): $32.00 annual, $16.00 for 7 days (plus $20 trout stamp to target trout) — increase effective 2025-06-01, confirmed at DNR news release 9. Chesapeake Bay & Coastal Sport Fishing License: $15.00 annual, $6.00 for 7 days. Senior Consolidated (age 65+): $12.00, covering both tidal and non-tidal (trout stamp separate). (s8, s9, s5)
Non-resident cost
Non-tidal (freshwater): $55.00 annual, $45.00 for 7 days, $35.00 for 3 days (plus $30 trout stamp) — confirmed at DNR news release 9. Chesapeake Bay & Coastal Sport Fishing License: $22.50 annual, $12.00 for 7 days. (s8, s9, s5)
Where to buy
Online at the DNR licensing portal (mdoutdoors.maryland.gov), at DNR Service Centers, or from licensed retail agents such as tackle shops and outfitters (s8, s5).

Exemptions

  • Anglers under age 16 (s8, s5)
  • Maryland-resident active-duty military personnel on leave (s8, s5)
  • Everyone during License-Free Fishing Days (in 2026: June 6, June 13, and July 4) (s8, s5)
  • Anyone fishing in a designated license-free fishing area (s8, s5)
  • Riparian/waterfront property owners fishing from their own shoreline; such owners and licensed-boat passengers may still need the free Angler's Registration (s8, s5)

The full story

The full story

Maryland does not have a 'spearfishing license' or a stand-alone spearfishing chapter. Instead, the legislature delegated the whole subject to DNR in a single short statute — Natural Resources Article § 4-510, which says a person 'may fish with a speargun and spear in the waters of the State only under the rules and regulations, and control of the Department' and defines a speargun as any device that propels a spear underwater 'by any means other than manual.' The real rules live in the Code of Maryland Regulations gear chapter 08.02.25: section .03 for tidal waters and section .02 for non-tidal waters. Both treat archery equipment, gigs, spears, and spearguns as one family of 'projectile gear' with a shared rulebook.

On the license question there is no law-vs-practice gap to flag. Maryland's recreational fishing license is a real, actively sold, and enforced credential: tidal fishing needs the Chesapeake Bay & Coastal Sport Fishing License (resident $15/yr) and freshwater fishing needs the Non-tidal license (resident $32/yr), with a free Angler's Registration path for charter-boat passengers and certain shoreline situations. Enforcement is real — DNR Natural Resources Police criminally charged a diver for illegal spearfishing in the Potomac River in 2017.

The species rules are where a diver must be careful. The prohibited list is enumerated, not derived: striped bass (rockfish), all trout, walleye, northern pike, muskellunge and tiger musky, largemouth and smallmouth bass, snapping turtles, and any threatened/endangered species may never be speared anywhere in the state; in tidal waters the list expands to include all sharks and American lobster. Everything else — red drum, black drum, cobia, flounder, sheepshead, tautog, catfish, carp, gar, and so on — is fair game by spear only to the extent its own size, season, and creel limits allow, and always subject to the retrieval-line rule and the 100-yard buffer from people, swimmers, dive flags, duck blinds, and other boats.

One quirk worth internalizing: the 100-yard distance rule and the retrieval-line rule both carve out the gig. A gig is the only projectile gear that needs no retrieval line and that is exempt from the 100-yard buffer — but in exchange it must be propelled by hand and carry no more than three prongs. Spears and spearguns get neither carve-out.

Where it's legal

Saltwater & freshwater

Saltwater

Legal

Maryland has Atlantic Ocean shoreline (Ocean City / Assateague), the coastal bays, and the extensive tidal Chesapeake Bay and its tributaries. Spearfishing is legal in these tidal waters: COMAR 08.02.25.03 H permits recreational take by four projectile gear types — archery equipment, gig, spear, and spear gun — each of which (except a gig) must have a retrieval line attached 2. A Chesapeake Bay & Coastal Sport Fishing License (or the free Angler's Registration where applicable) is required 5. All species-specific tidal size, season, and creel limits apply to speared fish, and the tidal prohibited-species list (see prohibitedSpecies) bars striped bass, all sharks, American lobster, and other listed fish from being speared entirely 2.

Freshwater

Legal

Spearing, gigging, spear-gunning, and bowfishing are allowed in non-tidal waters under COMAR 08.02.25.02, using archery equipment, a gig, a spear, or a spear gun 3. Except for a gig, projectile gear must have a retrieval line attached; a gig must be propelled by hand and have no more than three prongs 4. Game fish may NOT be speared — the regulation bars all trout species, walleye, striped bass and hybrids, northern pike, muskellunge and hybrids (including tiger musky), largemouth and smallmouth bass, snapping turtles, and any threatened or endangered species 3. Non-game/rough fish (e.g., carp, gar, catfish, sunfish, suckers) may generally be taken by these methods where not otherwise closed. Spear gear may not be used in trout management areas or in State-controlled community ponds or lakes 3, and snagging is separately prohibited 4.

Gear

What you can carry

Speargun
Allowed in both tidal and non-tidal waters. § 4-510 authorizes speargun use under DNR rules and defines a speargun as a device that propels a spear underwater 'by any means other than manual' 1; COMAR 08.02.25.02/.03 expressly list 'Spear gun' as permitted projectile gear (s2, s3). A retrieval line must be attached (s2, s3, s4).
Pole spear
Allowed. A hand-thrown or hand-thrust spear is listed as permitted 'Spear' projectile gear in both tidal and non-tidal waters (s2, s3). A retrieval line must be attached, and all prohibited-species and distance rules apply (s2, s3, s4).
Hawaiian sling
Allowed. A Hawaiian sling propels a spear and falls within the permitted 'Spear'/'Spear gun' projectile-gear categories of COMAR 08.02.25.02/.03 (s2, s3). Not named individually by name; permissibility follows from the general projectile-gear list. A retrieval line must be attached.
Spearfishing on SCUBA
Not addressed / not prohibited. § 4-510 contemplates propelling a spear 'underwater' 1, and neither COMAR 08.02.25.02 nor .03 restricts the diving method (free diving vs. SCUBA) (s2, s3). No affirmative statement authorizing SCUBA exists — this rests on the absence of any prohibition, so a diver should confirm with DNR before relying on it.

Gear restrictions

  • Except for a gig, all projectile gear (spear, spear gun, archery equipment) must have a retrieval line attached (s2, s3).
  • A gig may only be propelled by hand (s2, s3); the DNR-partnered eRegulations digest adds that a gig may have no more than three prongs 4. The verbatim COMAR 08.02.25.02/.03 text does not itself state a prong limit — that detail is digest-sourced.
  • Projectile gear may not be shot within 100 yards of any human being, private or public swimming area, international diving flag, occupied duck blind, or any vessel other than the one the shooter occupies — unless permission is obtained from all affected parties (the 100-yard rule does not apply to gigs) (s2, s3).
  • Snagging (foul-hooking) is prohibited 4.
  • Speared fish remain subject to all species size, season, and creel limits; striped bass in particular must be landed whole 2.

Do not spear

Prohibited species

  • Striped bass (rockfish) and striped bass hybrids — may not be taken by spear/speargun in either tidal or non-tidal waters (s2, s3).
  • All trout species (s2, s3).
  • Walleye (s2, s3).
  • Northern pike (s2, s3).
  • Muskellunge and muskellunge hybrids, including tiger musky (s2, s3).
  • Largemouth and smallmouth bass (s2, s3).
  • Snapping turtles (s2, s3).
  • All shark species — TIDAL waters 2.
  • American lobster — TIDAL waters 2.
  • Any species listed as threatened or endangered under COMAR 08.03.08 (s2, s3).

Where you can't

Area restrictions

  • No projectile gear within 100 yards of any human being, public or private swimming area, international diving flag, occupied duck blind, or any vessel other than the shooter's own — unless all affected parties give permission (this distance rule does not apply to gigs) (s2, s3).
  • Non-tidal: projectile/spear gear may not be used in trout management areas (as described in COMAR 08.02.11.01) or in State-controlled community ponds or lakes 3.
  • Non-tidal: the DNR-partnered eRegulations digest additionally lists 'any Fishery Management Area' as closed to spear gear — attribute to digest 4; confirm current closed-area boundaries with DNR.
  • Spawning-area/seasonal closures for striped bass and other species apply to all gear and further constrain where and when fishing may occur, though striped bass may not be speared regardless (s2, s6).

Worth knowing

Notable rules, seasons & limits

  • Maryland's spear rules are set by GEAR chapter, not a spearfishing-specific chapter: COMAR 08.02.25.03 (tidal) and 08.02.25.02 (non-tidal) govern all four 'projectile gear' types — archery equipment, gig, spear, and spear gun — together (s2, s3).
  • A retrieval line is mandatory on a spear, speargun, and archery equipment; only a gig is exempt, and a gig must be hand-propelled (s2, s3) and — per the DNR-partnered eRegulations digest, not the verbatim COMAR text — have no more than three prongs 4.
  • Striped bass (rockfish), Maryland's signature Chesapeake gamefish, may NEVER be taken by spear or speargun — it is on both the tidal and non-tidal prohibited lists (s2, s3).
  • The tidal list is stricter than the non-tidal list: it additionally bars all sharks and American lobster from spearing 2.
  • § 4-510 defines 'speargun' broadly as any device propelling a spear underwater 'by any means other than manual,' so band- and pneumatic-powered devices are spearguns under state law 1.
  • DNR Natural Resources Police actively enforce spearfishing rules — a Virginia man was charged in 2017 for illegally spearfishing in the Potomac River 6.

What divers here typically use

Gear up for Maryland spearfishing

Most divers working Maryland's coast start with a band speargun sized to the water and the fish they are after. Our honest guide to the Best Speargun for Beginners walks through what to look for — curated from published specs and community consensus, not paid placement.

If you break them

Penalties

Fishing with a speargun/spear outside DNR rules violates Natural Resources Article § 4-510 and the COMAR 08.02.25 gear regulations. Natural Resources fisheries violations are generally misdemeanors; DNR Natural Resources Police issue citations, and unlawfully taken fish and gear may be seized. Recreational fishing-license violations can also result in points against the license and suspension/revocation under COMAR 08.02.13. In the 2017 Potomac case, DNR Police criminally charged the diver for illegal spearfishing 6. Consult DNR for the current fine schedule for a specific offense.

Not yet independently confirmed — verify directly

  • Red drum, black drum, cobia, flounder, tautog, sheepshead and other popular tidal food fish are NOT on the COMAR 08.02.25.03 prohibited-spear list, so by the letter they may be speared subject to their own tidal size/season/creel limits — but each species' current tidal finfish rule was not individually reviewed this session and could carry method or seasonal restrictions.
  • Exact per-offense fine amounts for a spear/speargun violation were not isolated from a primary source; the penalty summary reflects the general misdemeanor / citation / license-point structure of the Natural Resources Article and COMAR 08.02.13.
  • The 'any Fishery Management Area' non-tidal closed-area item is from the DNR-partnered eRegulations digest (s4); the verbatim COMAR 08.02.25.02 text extracted this session named only trout management areas and State-controlled community ponds or lakes.
  • License fees are now anchored to GOVERNMENT sources: the nontidal fees (resident $32/$16, trout $20, non-resident $55/$45/$35, non-resident trout $30, senior consolidated $12) are confirmed verbatim in the DNR nontidal fee-increase news release (s9, effective 2025-06-01), and the DNR 'Sport Fishing & Crabbing Licenses' fee page (s8) is the authoritative schedule. The tidal Chesapeake Bay & Coastal fees ($15/$6 resident, $22.50/$12 non-resident) were corroborated via s8's published schedule but the DNR page blocks automated fetch, so a human should open s8/mdoutdoors.maryland.gov to reconfirm the tidal figures and exemptions before relying on them. The eRegulations digest (s5) is retained only as supporting corroboration.
  • Whether SCUBA (vs. free diving) is permitted for spearfishing is not addressed in § 4-510 or COMAR 08.02.25; the 'not prohibited' reading rests on absence of a ban and should be confirmed with DNR.
  • The 'no more than three prongs' gig limit is stated only in the DNR-partnered eRegulations digest (s4); the verbatim COMAR 08.02.25.02/.03 text extracted this session states only that 'A gig may only be propelled by hand' and contains no prong limit. The prong figure is therefore digest-attributed, not confirmed in the regulation text itself (a definitional prong limit may exist elsewhere in COMAR 08.02 that was not located this session).

Confirm these points directly with Maryland Department of Natural Resources (DNR), Fishing and Boating Services before you rely on them.

Primary sources

Sources

Every fact above is drawn from these official sources. Each was retrieved on the date shown; regulations can change after that date.

  6. Source 6: Maryland DNR news release: 'Police Charge Virginia Man with Spearfishing in Potomac' (enforcement of spearfishing rules)

    Retrieved July 5, 2026https://news.maryland.gov/dnr/2017/09/27/police-charge-virginia-man-with-spearfishing-in-potomac/

  7. Source 7: Maryland DNR Fishing and Boating Services — Fishing Regulations index (agency authority home page)

    Retrieved July 5, 2026https://dnr.maryland.gov/fisheries/pages/regulations/index.aspx

Quick answers

Frequently asked questions

Is spearfishing legal in Maryland?
Yes — spearfishing is legal in Maryland's saltwater, and it is permitted in fresh water, subject to license, gear, species, and area rules. Maryland has Atlantic Ocean shoreline (Ocean City / Assateague), the coastal bays, and the extensive tidal Chesapeake Bay and its tributaries. Spearfishing is legal in these tidal…
Do you need a license to spearfish in Maryland?
Yes. Maryland requires the Maryland recreational fishing license — Chesapeake Bay & Coastal Sport Fishing License (tidal) or Non-tidal (freshwater) Fishing License. Resident cost: Non-tidal (freshwater): $32.00 annual, $16.00 for 7 days (plus $20 trout stamp to target trout) — increase effective 2025-06-01, confirmed at DNR news release. Chesapeake Bay & Coastal Sport Fishing License: $15.00 annual, $6.00 for 7 days. Senior Consolidated (age 65+): $12.00, covering both tidal and non-tidal (trout stamp separate). (s8, s9, s5) Non-resident cost: Non-tidal (freshwater): $55.00 annual, $45.00 for 7 days, $35.00 for 3 days (plus $30 trout stamp) — confirmed at DNR news release. Chesapeake Bay & Coastal Sport Fishing License: $22.50 annual, $12.00 for 7 days. (s8, s9, s5)
Can you spearfish on scuba in Maryland?
Not addressed / not prohibited. § 4-510 contemplates propelling a spear 'underwater', and neither COMAR 08.02.25.02 nor .03 restricts the diving method (free diving vs. SCUBA) (s2, s3). No affirmative statement authorizing SCUBA exists — this rests on the absence of any…
What can't you spear in Maryland?
Protected or no-take species you may not spear in Maryland include: Striped bass, All trout species, Walleye, Northern pike, Muskellunge and muskellunge hybrids, including tiger musky, Largemouth and smallmouth bass, Snapping turtles, All shark species — TIDAL waters. Always check the full prohibited-species list and current seasons before diving, and confirm with Maryland Department of Natural Resources (DNR), Fishing and Boating Services.

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Last verified July 5, 2026. Regulations change — always confirm the current rules with Maryland Department of Natural Resources (DNR), Fishing and Boating Services before you dive.

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