Island Spear Co.

Regulations New Hampshire

Spearfishing Regulations in New Hampshire

Checked against the primary source (New Hampshire Fish and Game Department) on July 5, 2026state

Governing agency: New Hampshire Fish and Game Department. Last verified July 5, 2026 by independent primary-source check.

Summary

New Hampshire has a short Atlantic coast, and recreational spearfishing IS legal in its marine (coastal and estuarine) waters for open marine finfish, with a NH Saltwater Recreational Fishing License required for anyone 16 or older (spearfishers are named explicitly) (s1, s2). In fresh water the picture flips: state statute (RSA 211:13) prohibits spears and similar killing/stunning devices for taking fish, so game fish are rod-and-reel only; the sole spear-type exception is bowfishing for carp on Mascoma Lake with a long bow, arrow and attached cord (RSA 211:2) (s5, s6). Several marine species are closed to all take and therefore may not be speared 3.

License

What you need to be legal

LegalA license is required
License
New Hampshire Saltwater Recreational Fishing License (marine/coastal spearfishing); a freshwater fishing license does not authorize freshwater spearing, which is banned
Who needs it
All persons age 16 and older who take, possess, or transport marine finfish from NH coastal and estuarine waters, including anglers, spearfishers, and persons using other gear types, must hold the NH Saltwater Recreational Fishing License (s1, s2).
Resident cost
$11 (includes $1 agent fee) (s8, s2).
Non-resident cost
$11 (same as resident; cost does not vary by residency or method) (s8, s2).
Where to buy
Online at the NH Fish and Game licensing system (FishNH.com) or through 150+ NH license agents statewide (s8, s2).

Exemptions

  • Under 16 years of age (s8, s2)
  • Persons fishing from a licensed charter or party boat are covered under the vessel's license and do not need an individual license (s8, s2)
  • There is NO age-68/senior exemption for the saltwater license, because of federal National Saltwater Angler Registry data-collection requirements (s8, s2)

The full story

The full story

New Hampshire is easy to overlook as a spearfishing state because its coastline is only about 18 miles long, but it does have real marine waters and recreational spearfishing is genuinely legal there. NH Fish and Game lists 'spearfishers' by name among the people who may take marine finfish, and the requirement to hold a Saltwater Recreational Fishing License is real and enforced: anyone 16 or older needs it, it costs $11 for residents and nonresidents alike, and unusually there is no senior exemption because the state must report anglers to the federal National Saltwater Angler Registry. So the saltwater license is a true, active requirement, not a paper one, but it is inexpensive and covers all take methods including spearing (s1, s2).

Fresh water is the opposite story. New Hampshire statute RSA 211:13 (Prohibited Devices) flatly bans using or even possessing a spear - alongside nets, set lines, grapples, jacks and electrical stunning devices - to take fish in inland waters, and simply having a spear on the water or its shores is prima facie a violation. That means the classic freshwater pattern holds: game fish such as trout, salmon and bass are strictly rod-and-reel and can never be speared. Unlike some states, New Hampshire does not even offer a general sucker-spearing or rough-fish gigging season. The single exception is a narrow bowfishing allowance - RSA 211:2 lets carp be taken from Mascoma Lake with a long bow and a cord-attached arrow - which is bow-and-arrow, not a spear, and is limited to that one lake (s5, s6).

One nuance worth flagging honestly on the marine side: New Hampshire's striped bass rule (Fis 603.08) prohibits taking striped bass by netting and by gaffing and sets circle-hook requirements for bait angling, but the rule reviewed does not explicitly address spearing striped bass one way or the other. Neighboring states such as Massachusetts flatly prohibit spearing striped bass, so a diver should not assume NH allows it; whether striped bass may lawfully be speared in NH was not confirmable from the primary sources reviewed and is listed as unverified. When in doubt, call the NH Fish and Game Marine Division before targeting striped bass with a spear 7.

Where it's legal

Saltwater & freshwater

Saltwater

Legal

Recreational spearfishing is legal in New Hampshire's coastal and estuarine marine waters (state waters extend 3 miles from the coastline) for open marine finfish; NH Fish and Game explicitly lists spearfishers among those who may take marine finfish with a saltwater license (s1, s2). Species-specific size, bag, and season limits apply to speared fish just as to hook-and-line, and certain species are closed to all take (see prohibited species) 3.

Freshwater

Not permitted

Spearing is prohibited in New Hampshire fresh waters. RSA 211:13 (Prohibited Devices) makes it unlawful to use, possess for use, or furnish a spear (along with nets, set lines, grapples, jacks/jacklights, and electrical or other killing/stunning devices) for taking fish in fresh water, except as specifically permitted in the title; mere possession of such a device on the water is prima facie a violation 5. Snagging is also prohibited and accidentally snagged fish must be released 4. The only spear-type carve-out is bowfishing: carp may be taken from Mascoma Lake with a long bow and arrow with a cord attached (RSA 211:2). Game fish (trout, salmon, bass, etc.) are rod-and-reel only 6.

Gear

What you can carry

Speargun
Permitted for marine spearfishing in coastal/estuarine waters with a saltwater license (s1, s2). Prohibited in fresh water, where 'spear' is a named prohibited device under RSA 211:13 5.
Pole spear
Hand spears/pole spears are permitted for marine spearfishing under the saltwater license (s1, s2). Prohibited in fresh water under the RSA 211:13 spear ban 5.
Hawaiian sling
Not specifically named in NH marine rules; NH Fish and Game does not restrict spear type for open marine finfish, so a Hawaiian sling would fall under general marine spearfishing gear in saltwater. No primary-source language names slings, so treat the specific term as unverified (see unverified). Prohibited in fresh water under RSA 211:13 5.
Spearfishing on SCUBA
NH marine rules reviewed do not address the use of SCUBA while spearfishing; no primary-source confirmation was found (see unverified).

Gear restrictions

  • Fresh water: spears and spear-type devices are banned outright (RSA 211:13); the only bow/spear-type exception is a long bow with cord-attached arrow for carp on Mascoma Lake (RSA 211:2) (s5, s6).
  • Marine size, bag, and season limits apply to speared fish the same as to other gear and change frequently; verify current NH eRegulations before diving 3.

Do not spear

Prohibited species

  • Atlantic salmon (sea-run) - closed year-round, possession prohibited; may not be speared (marine) (s9, s3)
  • Atlantic wolffish - closed, possession prohibited; may not be speared (marine) (s9, s3)
  • Ocean pout - closed, possession prohibited; may not be speared (marine) (s9, s3)
  • Shortfin mako shark - closed, possession prohibited; may not be speared (marine) (s9, s3)
  • Sturgeon - closed, possession prohibited; may not be speared (marine) (s9, s3)
  • Windowpane flounder - closed, possession prohibited; may not be speared (marine) (s9, s3)
  • All freshwater game fish (trout, salmon, bass, etc.) - spearing prohibited in fresh water under RSA 211:13; only carp on Mascoma Lake may be taken, and only by long bow with cord-attached arrow, not by spear (s5, s6)

Where you can't

Area restrictions

  • Marine spearfishing applies within NH state waters (out to 3 miles from the coastline); beyond that, federal rules govern 1.
  • Freshwater spear use is banned statewide (RSA 211:13); the only location where bow-and-arrow take of carp is allowed is Mascoma Lake (RSA 211:2) (s5, s6).
  • A Cod Spawning Protection Area and species-specific closed seasons/areas set by NH Fish and Game apply in marine waters and change; verify current NH eRegulations before diving 3.
  • No spearfishing-specific setback distance from swimmers, beaches, piers, or docks was found in NH primary sources (see unverified).

Worth knowing

Notable rules, seasons & limits

  • One agency, two very different regimes: marine spearfishing is legal and licensed, while freshwater spearing is banned by statute (s1, s5).
  • Spearfishers are explicitly named as license holders in NH's saltwater licensing language - there is no separate spearfishing permit, just the $11 saltwater recreational license 2.
  • The freshwater ban is broad: merely possessing a spear on inland waters or their shores/islands is prima facie a violation of RSA 211:13 5.
  • The only spear-type freshwater harvest allowed is bowfishing for carp on Mascoma Lake with a long bow and cord-attached arrow (RSA 211:2) 6.
  • Marine size/bag/season limits apply to speared fish and change frequently; several species are closed to all take 3.

What divers here typically use

Gear up for New Hampshire spearfishing

New Hampshire'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

Freshwater violations of RSA 211:13 are Fish and Game law violations, and possession of a prohibited device (including a spear) on inland waters is prima facie evidence of a violation 5. Marine violations carry penalties under NH Fish and Game marine law and can include fines and license consequences. Specific monetary fine amounts for spearfishing-specific violations were not confirmed from a primary source (see unverified); contact the NH Fish and Game Marine Division at (603) 868-1095 for enforcement questions 3.

Not yet independently confirmed — verify directly

  • Whether striped bass may lawfully be speared in NH marine waters - Fis 603.08 prohibits netting and gaffing and addresses bait angling, but does not explicitly permit or prohibit spearing striped bass.
  • Whether SCUBA/self-contained underwater breathing apparatus is permitted while spearfishing in NH marine waters - not addressed in the NH primary sources reviewed.
  • Explicit legality or naming of Hawaiian slings as a marine gear type - NH marine rules do not name sling-type gear; only general spearfishing language was found.
  • Any spearfishing-specific setback distance from swimmers, swimming beaches, piers, or docks in NH marine or fresh waters - no such rule was found in the sources reviewed.
  • Specific monetary fine amounts and penalty classes for spearfishing-specific violations - general Fish and Game enforcement exists but exact spearfishing penalty figures were not confirmed from a primary source.
  • Current numeric marine size, bag, and season limits for individual speared species - NH states limits apply and change; live NH eRegulations should be consulted before diving.

Confirm these points directly with New Hampshire Fish and Game Department 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.

  1. Source 1: NH Fish and Game - Recreational Saltwater Fishing (state waters 3-mile limit; spearfishing in coastal/estuarine waters)

    Retrieved July 5, 2026https://www.wildlife.nh.gov/saltwater-fisheries-new-hampshire/recreational-saltwater-fishing

  4. Source 4: NH Fish and Game official eRegulations - Freshwater Important Laws & Rules (snagging prohibited; prohibited devices list including spear)

    Retrieved July 5, 2026https://www.eregulations.com/newhampshire/fishing/freshwater/important-laws-rules

  6. Source 6: NH Revised Statutes RSA 211:2 Carp (Mascoma Lake long bow and cord-attached arrow exception)

    Retrieved July 5, 2026https://gc.nh.gov/rsa/html/XVIII/211/211-mrg.htm

Quick answers

Frequently asked questions

Is spearfishing legal in New Hampshire?
Yes — spearfishing is legal in New Hampshire's saltwater, but it is not permitted in fresh water, subject to license, gear, species, and area rules. Recreational spearfishing is legal in New Hampshire's coastal and estuarine marine waters (state waters extend 3 miles from the coastline) for open marine finfish; NH Fish and…
Do you need a license to spearfish in New Hampshire?
Yes. New Hampshire requires the New Hampshire Saltwater Recreational Fishing License (marine/coastal spearfishing); a freshwater fishing license does not authorize freshwater spearing, which is banned. Resident cost: $11 (includes $1 agent fee) (s8, s2). Non-resident cost: $11 (same as resident; cost does not vary by residency or method) (s8, s2).
Can you spearfish on scuba in New Hampshire?
NH marine rules reviewed do not address the use of SCUBA while spearfishing; no primary-source confirmation was found (see unverified).
What can't you spear in New Hampshire?
Protected or no-take species you may not spear in New Hampshire include: Atlantic salmon, Atlantic wolffish, Ocean pout, Shortfin mako shark, Sturgeon, Windowpane flounder, All freshwater game fish. Always check the full prohibited-species list and current seasons before diving, and confirm with New Hampshire Fish and Game Department.

Stay current

Get an email when New Hampshire's size & bag limits change

Regulations shift between seasons. We re-check New Hampshire'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 New Hampshire Fish and Game Department before you dive.

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