Island Spear Co.

Regulations Massachusetts

Spearfishing Regulations in Massachusetts

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

Governing agency: Massachusetts Division of Marine Fisheries (DMF) for coastal/saltwater; Massachusetts Division of Fisheries & Wildlife (MassWildlife) for inland/freshwater. Last verified July 5, 2026 by primary-source research.

Summary

Massachusetts is a coastal state where spearfishing is legal in marine waters and treated as a form of recreational fishing: it is defined as taking fish with a speargun and is subject to all size, season, and bag limits for the target species 1. A Recreational Saltwater Fishing Permit is required for anyone 16 or older and is a real, actively issued and enforced permit 2. Striped bass, smelt, shad, and lobster may NOT be taken by spearfishing 1. In fresh water the rules are far more restrictive: state law allows fish to be taken only by angling, with a narrow exception permitting spearing or bow-and-arrow only for eels, carp, and suckers, so game fish may never be speared 34.

License

What you need to be legal

LegalA license is required
License
Recreational Saltwater Fishing Permit (marine); Freshwater Fishing License (inland)
Who needs it
Marine: anyone 16 or older spearfishing in Massachusetts coastal waters needs a Recreational Saltwater Fishing Permit 2. Inland: anyone 15 or older needs a Freshwater Fishing License to take fish (including by legal spearing/bow-and-arrow) in inland waters 37. Divers taking lobster additionally need a Recreational Lobster Permit endorsed for diving 6.
Resident cost
Saltwater permit: $10 (under 60), free (60+) — same price for residents and non-residents 2. Freshwater license (resident): $40 annual; free for minors 15-17; $20 for ages 65-69; free 70+; free for qualifying disabled residents (a one-time $5 Wildlands Conservation Stamp applies to the first license purchase) 7. Recreational lobster diving permit (resident): $55 6.
Non-resident cost
Saltwater permit: $10 (under 60), free (60+) — Massachusetts charges the same for non-residents, and honors valid CT, NH, or RI recreational saltwater permits by reciprocity 2. Freshwater license (non-resident): $50 annual; $8 for minors 15-17; $30.50 for a 3-day license 7. Recreational lobster diving permit (non-resident): $75 6.
Where to buy
Online through MassFishHunt (the state's official licensing system), at DMF/MassWildlife offices, and at participating license agents and town offices 267.

Exemptions

  • Saltwater: anglers under 16; anglers fishing from a permitted for-hire (charter/party) vessel; persons meeting the state definition of disabled; and non-residents holding a valid CT, NH, or RI recreational saltwater permit (reciprocity) 2
  • Freshwater: resident minors under 15 fish free; residents 70 and older fish free; qualifying disabled and certain other residents fish free 7

The full story

The full story

There is no law-vs-practice gap on licensing in Massachusetts: both the Recreational Saltwater Fishing Permit and the Freshwater Fishing License are real, actively sold through MassFishHunt, and enforced by the Environmental Police. A spearo diving Massachusetts coastal waters at 16 or older needs the saltwater permit in hand, unless they hold a valid CT, NH, or RI permit (which Massachusetts honors by reciprocity) 2.

The real divide for divers is saltwater vs. fresh water. In the ocean, spearfishing is an accepted method for most finfish (tautog and black sea bass are popular), bound only by the same size/season/bag limits as rod-and-reel — with striped bass and lobster carved out as no-spear species 1. In fresh water the default flips: state law (Ch. 131 Sec. 50) allows fish to be taken only by angling, and the ONLY spearing/bow-and-arrow exception is for eels, carp, and suckers. Game fish can never be speared inland 3.

One genuine wording gap worth flagging: the governing statute (Ch. 131 Sec. 50) lists eels, carp, AND suckers as the species that may be speared or taken by bow and arrow 3, while the specific text of the Division's regulation 321 CMR 4.01 as read here names only carp and suckers by spears or archery 4. The statute is the higher authority and clearly includes eels, but a cautious diver should confirm the current eel rule with MassWildlife before spearing eels inland. Either way, no game fish may be speared.

Lobster deserves its own caution: divers CAN take lobster, but only by hand or tickle stick and only with a Recreational Lobster Permit endorsed for diving (each diver needs their own). Lobster may never be speared, and egg-bearing or V-notched females must be released. Divers must also fly a diver's flag and stay within 100 feet of it 56.

Where it's legal

Saltwater & freshwater

Saltwater

Legal

Massachusetts has an extensive Atlantic coastline (Cape Cod, the Islands, Buzzards Bay, Massachusetts Bay). DMF defines spearfishing as 'the taking of fish by use of a speargun,' and spearfishers must comply with all recreational size limits, seasons, and bag limits for each species 1. A Recreational Saltwater Fishing Permit is required for anyone 16+ 2. Several species are off-limits to spearing: striped bass, smelt, and shad may not be taken by spear (hook-and-line only), and lobster may not be speared 1. Popular legal targets named by DMF include tautog and black sea bass 1. Federally managed species in federal (offshore) waters are governed by NOAA Fisheries rules, and federal law bars taking certain billfish (e.g., marlin, sailfish) by any method other than hook and line 1.

Freshwater

Legal

Freshwater spearing is very limited. By statute a person may not take fish in inland waters 'in any other manner than by angling,' except that spearing or taking by bow and arrow is permitted for eels, carp, and suckers only 3. The Division's regulation 321 CMR 4.01 permits carp and suckers to be taken by spears or archery 4. All game fish (bass, trout, pike, pickerel, perch, etc.) may NOT be speared. A Freshwater Fishing License is required 37. Note the statute-vs-regulation wording gap on eels — see 'The full story'.

Gear

What you can carry

Speargun
Marine: legal — DMF defines spearfishing itself as taking fish with a speargun, and it is a recognized recreational method subject to all species/size/season/bag rules 1. Inland: a speargun may lawfully be used only to take eels, carp, or suckers (the only species state law permits to be speared); using it on any game fish in fresh water is illegal 34.
Pole spear
Not named as a separate category in Massachusetts regulation. In marine waters any speargun-type/hand-propelled spear is treated as spearfishing gear and is permitted subject to the same rules as spearguns 1. In fresh water any spearing is limited to eels, carp, and suckers regardless of the spear type 3.
Hawaiian sling
Not named separately in Massachusetts regulation. In marine waters it is treated as ordinary spearfishing gear, permitted subject to all recreational rules 1. In fresh water it would fall under 'spearing' and be limited to eels, carp, and suckers 3. (Not confirmed as a distinct named category by DMF or MassWildlife.)
Spearfishing on SCUBA
SCUBA is permitted for marine spearfishing; Massachusetts imposes no general ban on diving to spearfish, and it explicitly protects diver access to commonwealth tidelands during daylight where the public may swim/recreate 5. Any diver on or below the surface must display a diver's flag (red with a white diagonal stripe, at least 12 x 15 inches, extending 3 feet above the water on a boat or float) and must remain within 100 feet of it while at or near the surface 5. Divers taking lobster also need a lobster permit endorsed for diving 6.

Gear restrictions

  • Striped bass, smelt, shad, and lobster may not be taken by spearfishing in marine waters (striped bass, smelt, and shad are hook-and-line only; lobster is hand/tickle-stick only) 1
  • Inland spearing/bow-and-arrow is limited to eels, carp, and suckers; all other (game) fish must be taken by angling only 34
  • No arrows may be released within 150 feet of any state or hard-surfaced highway for the purpose of taking fish 3
  • SCUBA/skin divers must display a diver's flag and stay within 100 feet of it while at or near the surface 5
  • Lobster taken by divers may be caught only by hand or with a tickle stick — never speared or by any device that pierces the shell — and must meet the area-specific carapace minimum measured with a lobster gauge: 3-5/16 inch in the Gulf of Maine Recreational Area (raised from 3-1/4 inch effective May 1, 2025) and 3-3/8 inch in the Outer Cape Cod Recreational Area 68

Do not spear

Prohibited species

  • Striped bass — may not be taken by spearfishing (angling/hook-and-line only) 1
  • Smelt and shad — may not be taken by spearfishing in marine waters; DMF names them alongside striped bass as species that may only be taken by hook and line, not by spear 1
  • Lobster — may not be speared; recreational divers may take lobster only by hand or tickle stick with a lobster permit endorsed for diving, subject to the area-specific carapace minimum (3-5/16 inch Gulf of Maine Recreational Area as of May 1, 2025; 3-3/8 inch Outer Cape Cod Recreational Area) 168
  • In fresh water, all game fish (largemouth/smallmouth bass, trout, salmon, northern pike, chain pickerel, walleye, perch, etc.) — spearing and bow-and-arrow are permitted only for eels, carp, and suckers, so every other freshwater species is off-limits to spearing 34

Where you can't

Area restrictions

  • Inland: no arrows may be released within 150 feet of any state or hard-surfaced highway for the purpose of taking fish 3
  • Marine: divers must remain within 100 feet of a displayed diver's flag while at or near the surface 5
  • Marine: diver access to commonwealth tidelands for skin/scuba diving is protected during daylight hours across public swimming/recreation land owned or controlled by the commonwealth, unless the area is closed to the general public 5
  • Federal (offshore) waters: species managed by NOAA Fisheries are subject to federal rules in addition to state limits 1

Worth knowing

Notable rules, seasons & limits

  • Spearfishing is defined by DMF as taking fish with a speargun and is fully legal in marine waters (including on SCUBA — Massachusetts imposes no general ban on scuba spearfishing), but several species may not be speared at all: the marquee gamefish striped bass, plus smelt and shad, are hook-and-line only 1.
  • Lobster is a hand-only fishery for divers: no spears or shell-piercing devices, a separate dive-endorsed lobster permit is required, and V-notched or egg-bearing females must be released 6.
  • The marine saltwater permit is genuinely required and enforced, but Massachusetts honors CT, NH, and RI saltwater permits by reciprocity, so a visiting diver with a valid permit from those states need not buy a Massachusetts one 2.
  • Fresh water is angling-only except for eels, carp, and suckers, which may be speared or taken with bow and arrow — bring a speargun to a Massachusetts pond for bass or trout and you are breaking the law 34.
  • Every diver on or below the surface must fly a diver's flag and stay within 100 feet of it 5.

What divers here typically use

Gear up for Massachusetts spearfishing

Massachusetts's water runs cold, so divers here tend to reach for a thicker open-cell wetsuit before anything else. Our honest guide to the Best Spearfishing Wetsuit walks through what to look for — curated from published specs and community consensus, not paid placement.

If you break them

Penalties

Violations of the marine fisheries laws (Title I, Chapter 130) and the inland fish and game laws (Chapter 131) can result in fines, and DMF/MassWildlife Environmental Police enforce size, season, method, and permit requirements; illegally taken fish must be released. Specific fine amounts vary by offense and are set by statute and regulation 136.

Not yet independently confirmed — verify directly

  • Exact statutory fine amounts and penalty tiers for spearfishing/fisheries/permit violations were not read line-by-line from Chapters 130 and 131; the penalties summary is generalized from the agency pages and the statutes' existence.
  • Whether pole spears and Hawaiian slings are treated as distinct legal categories — neither DMF nor MassWildlife names them; they are inferred to fall under 'spearfishing/speargun' (marine) and 'spearing' (inland).
  • The eel discrepancy: the statute (Ch. 131 Sec. 50) lists eels among species that may be speared, but the specific 321 CMR 4.01 text read here named only carp and suckers by spears/archery; the current inland eel-spearing rule should be confirmed directly with MassWildlife.
  • Precise 2026 resident/non-resident freshwater and lobster fee figures were taken from search extraction of the Mass.gov fee pages rather than a directly rendered fetch (mass.gov returned HTTP 403 to the fetch tool); dollar amounts should be reconfirmed at purchase.
  • The lobster carapace minimum is on a multi-year phased schedule (Gulf of Maine Recreational Area 3-5/16 inch since May 1, 2025, with a further increase to 3-3/8 inch scheduled for July 1, 2027) and differs by recreational management area; the exact current minimum for the area being dived should be reconfirmed with DMF before harvesting lobster. This is peripheral to spearfishing, since lobster may never be speared in any case.
  • Whether any specific distance-from-swimmers/beach/pier setback (beyond the diver's-flag 100-foot rule and the 150-foot no-arrows-near-highway rule) applies to marine spearfishing was not found in a primary source.
  • The smelt/shad spearing prohibition (added in this QA pass) is confirmed from DMF content via search-index extraction of the mass.gov page and a quoted DMF email response, because mass.gov returns HTTP 403 to direct automated fetch; the exact current DMF wording should be reconfirmed on the live Recreational Saltwater Fishing Regulations page.
  • CITATION HEALTH (transient, not a content issue): the government statute host malegislature.gov is currently returning HTTP 500 site-wide, so the canonical primary URLs for s3 (Ch. 131 §50) and s5 (Ch. 90B §13A) do not resolve for automated checks as of 2026-07-05. The URLs are correct and the statutory text was independently confirmed via search extraction; the links should be re-tested once the Massachusetts Legislature site recovers.

Confirm these points directly with Massachusetts Division of Marine Fisheries (DMF) for coastal/saltwater; Massachusetts Division of Fisheries & Wildlife (MassWildlife) for inland/freshwater 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.

Quick answers

Frequently asked questions

Is spearfishing legal in Massachusetts?
Yes — spearfishing is legal in Massachusetts's saltwater, and it is permitted in fresh water, subject to license, gear, species, and area rules. Massachusetts has an extensive Atlantic coastline (Cape Cod, the Islands, Buzzards Bay, Massachusetts Bay). DMF defines spearfishing as 'the taking of fish by use of a speargun,'…
Do you need a license to spearfish in Massachusetts?
Yes. Massachusetts requires the Recreational Saltwater Fishing Permit (marine); Freshwater Fishing License (inland). Resident cost: Saltwater permit: $10 (under 60), free (60+) — same price for residents and non-residents. Freshwater license (resident): $40 annual; free for minors 15-17; $20 for ages 65-69; free 70+; free for qualifying disabled residents (a one-time $5 Wildlands Conservation Stamp applies to the first license purchase). Recreational lobster diving permit (resident): $55. Non-resident cost: Saltwater permit: $10 (under 60), free (60+) — Massachusetts charges the same for non-residents, and honors valid CT, NH, or RI recreational saltwater permits by reciprocity. Freshwater license (non-resident): $50 annual; $8 for minors 15-17; $30.50 for a 3-day license. Recreational lobster diving permit (non-resident): $75.
Can you spearfish on scuba in Massachusetts?
SCUBA is permitted for marine spearfishing; Massachusetts imposes no general ban on diving to spearfish, and it explicitly protects diver access to commonwealth tidelands during daylight where the public may swim/recreate. Any diver on or below the surface must display a diver's…
What can't you spear in Massachusetts?
Protected or no-take species you may not spear in Massachusetts include: Striped bass — may not be taken by spearfishing, Smelt and shad — may not be taken by spearfishing in marine waters; DMF names them alongside striped bass as species that may only be taken by hook and line, not by spear, Lobster — may not be speared; recreational divers may take lobster only by hand or tickle stick with a lobster permit endorsed for diving, subject to the area-specific carapace minimum, In fresh water, all game fish. Always check the full prohibited-species list and current seasons before diving, and confirm with Massachusetts Division of Marine Fisheries (DMF) for coastal/saltwater; Massachusetts Division of Fisheries & Wildlife (MassWildlife) for inland/freshwater.

Stay current

Get an email when Massachusetts's size & bag limits change

Regulations shift between seasons. We re-check Massachusetts's rules against the primary source and send a short note when the limits, seasons, or licensing move — nothing else.

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Last verified July 5, 2026. Regulations change — always confirm the current rules with Massachusetts Division of Marine Fisheries (DMF) for coastal/saltwater; Massachusetts Division of Fisheries & Wildlife (MassWildlife) for inland/freshwater before you dive.

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