Island Spear Co.

Regulations North Carolina

Spearfishing Regulations in North Carolina

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

Governing agency: North Carolina Wildlife Resources Commission (NCWRC) — inland/fresh waters; and NC Department of Environmental Quality (DEQ), Division of Marine Fisheries (DMF) — coastal/joint (salt) waters. Last verified July 5, 2026 by independent primary-source check.

Summary

North Carolina has a long Atlantic coast, and spearfishing is expressly legal in its salt (coastal and joint) waters — above and below the surface — under a Coastal Recreational Fishing License (CRFL) issued by the NC Division of Marine Fisheries. You may spear or gig most saltwater finfish subject to normal size and bag limits, but red drum, sharks, striped bass, tarpon, spiny lobster and stone crabs are off-limits to spears/gigs. In fresh (inland) waters, the Wildlife Resources Commission allows only NONGAME fish to be taken by gig, spear or bow — all inland game fish (bass, trout, crappie, sunfish, walleye, striped bass, white catfish and the bullheads, etc.) may be taken ONLY by hook and line — but note blue, channel and flathead catfish are NONGAME in NC and MAY be bowfished/gigged/speared with the proper license and season. A license is genuinely required and enforced in both jurisdictions.

License

What you need to be legal

LegalA license is required
License
Coastal Recreational Fishing License (CRFL) for salt/coastal/joint waters (NC DMF); Inland Fishing License for fresh/inland waters (NCWRC)
Who needs it
Anyone age 16 or older who gigs, spears or crossbow/bow fishes in North Carolina needs a license. In coastal and joint fishing waters that is a Coastal Recreational Fishing License (CRFL); in inland fishing waters it is a state Inland Fishing License (a Unified Inland/Coastal license covers both). Persons under 16 are exempt. (s1, s3, s4, s6)
Resident cost
Coastal (CRFL): resident annual $19, resident 10-day $8. Inland: resident annual $30, resident 10-day $11; a resident Unified Inland/Coastal annual is $49; resident age 70+ can buy a lifetime senior license for $19. (s3, s6)
Non-resident cost
Coastal (CRFL): nonresident annual $38, nonresident 10-day $14. Inland: nonresident annual $54, nonresident 10-day $28. (s3, s6)
Where to buy
Online at Go Outdoors North Carolina (gooutdoorsnorthcarolina.com), from WRC license agents statewide, and from DMF offices. (s3, s6)

Exemptions

  • Persons under age 16 do not need a license to fish (including spear/gig) in either jurisdiction (s3, s6)
  • Resident age 70+ may hold a $19 lifetime senior license instead of an annual license 6
  • Certain residents (legally blind, adult care home residents, some public-assistance recipients) qualify for free or reduced-cost inland licenses 6

The full story

The full story

North Carolina has no phantom-license problem — both licenses are real, issued through Go Outdoors North Carolina, and enforced. The nuance here is jurisdictional. The state draws a firm line between salt/coastal/joint waters (managed by the NC DEQ Division of Marine Fisheries) and inland fresh waters (managed by the Wildlife Resources Commission), and the two treat spearfishing very differently.

In SALT water the state is genuinely spearfishing-friendly. The DMF's own guide answers 'Is it legal to spear fish? Yes, both above and below the surface,' and its definition of a 'spear' explicitly names Hawaiian slings and band/pneumatic devices. A Coastal Recreational Fishing License (age 16+) lets you spear or gig most finfish under the normal size and bag limits. The hard 'no' list is short but strict: red drum, sharks (rod/reel or handline only), striped bass, tarpon, spiny lobster, American lobster and stone crabs — plus anything out of season. Even Cape Hatteras and Cape Lookout National Seashore waters are open to spearing.

In FRESH water the state flips: under NCWRC rules, inland GAME fish may be taken only with a hook and line, so it is illegal to spear, gig or bowfish any bass, trout, crappie, sunfish, walleye, muskellunge, striped bass, white catfish or bullhead in inland waters. What you CAN spear, gig or bowfish inland is NONGAME/rough fish (carp, suckers, gar, bowfin, and — importantly for bowfishers — blue, channel and flathead catfish, which are nongame in NC), and even that is fenced by a Public Mountain Trout Waters ban, county/season limits, a few closed impoundments, and a Special Fishing Device License for certain gigging and bow-net methods. The single biggest mistake a visiting diver could make is treating an inland reservoir like the ocean — the gear that is perfectly legal offshore is illegal on most game fish in a lake or river.

Where it's legal

Saltwater & freshwater

Saltwater

Legal

Spearfishing is expressly legal in North Carolina's coastal and joint fishing waters, both above and below the surface, under a Coastal Recreational Fishing License. CRFL holders may gig or spear any species EXCEPT red drum, sharks, spiny lobster, stone crabs, tarpon, and any species that is not in season; striped bass also may not be gigged, speared or gaffed. Speared fish are subject to the same size and bag limits as any other gear (per the NC Recreational Coastal Waters Guide). Sharks may be taken recreationally only by rod-and-reel or handline — never speared. American lobster may not be possessed if it has been speared. Spearfishing/gigging is permitted within Cape Hatteras and Cape Lookout National Seashore waters. (s1, s2)

Freshwater

Legal

In inland (fresh) waters governed by the NC Wildlife Resources Commission, INLAND GAME FISH may be taken ONLY with a hook and line — so it is illegal to spear, gig or bowfish any game fish (all black bass, mountain trout, crappie, sunfish/bream, walleye, muskellunge, striped bass, white bass/perch, and — among the catfishes — white catfish and the bullheads, per 15A NCAC 10C .0301, etc.). NONGAME fish (e.g., carp, suckers, gar, bowfin, and blue, channel and flathead catfish) MAY be taken by gig, spear or archery equipment (bowfishing) in most inland waters, subject to a prohibition in Public Mountain Trout Waters, county/season limits (nongame gig/spear-gun use is only allowed in counties/waters with an open season under 15A NCAC 10C .0407), a hook-and-line-only rule for channel/blue catfish in certain stocked game-land catfish waters (.0416(d)), and a Special Fishing Device License for certain gigging/bow-net methods. An inland fishing license is required. (s4, s5, s7)

Gear

What you can carry

Speargun
Legal in salt water. The DMF defines a 'spear' to include devices that 'propel pointed implements by mechanical means, including elastic tubing or bands, pressurized gas or similar means' — i.e., spearguns and band/pneumatic gear — used under a CRFL. In fresh water a speargun may be used only on nongame fish. (s1, s5)
Pole spear
Legal in salt water as a hand-propelled or mechanically-propelled 'gig'/'spear' under the DMF definitions; used under a CRFL. Fresh water: nongame fish only. (s1, s5)
Hawaiian sling
Expressly covered in salt water — the DMF definition of 'spear' explicitly names 'Hawaiian slings or similar devices, which propel pointed implements by mechanical means.' Used under a CRFL. Fresh water: nongame fish only. 1
Spearfishing on SCUBA
Not expressly addressed by DMF or NCWRC in the sources reviewed. Spearfishing is expressly legal both above and below the surface in salt water, which contemplates underwater diving, but neither agency's guide reviewed specifically permits or restricts compressed-gas (SCUBA/rebreather) diving for spearing. Verify with NC DMF before using SCUBA to spear. (s1 / unverified)

Gear restrictions

  • SALT: it is unlawful to remove, take or possess red drum taken with any boat hook, gaff, spear, gig or similar device 1
  • SALT: it is unlawful to take spiny lobster with a gaff, spear or similar device — a speared/pierced/punctured spiny lobster is prima facie evidence of prohibited gear 1
  • SALT: it is unlawful to possess American lobster whose outer shell has been speared 1
  • SALT: it is unlawful to take stone crabs with any device that can puncture, crush or injure the crab (gigs, spears, hooks, etc.) 1
  • SALT: sharks may be taken recreationally only by rod-and-reel or handline (no spearing) 1
  • FRESH: gigging/spearing/bowfishing is limited to nongame fish; gigs may not be used in Public Mountain Trout Waters; a Special Fishing Device License is required for certain gigging and bow-net methods and seasons vary by county 5

What you'll see

Target species

A field guide to the fish a spearo may actually encounter along the North Carolina coast — the temperate reefs, nearshore structure and the Gulf Stream wrecks of the 'Graveyard of the Atlantic'. This is not exhaustive, and it is not a legality ruling. In NC's salt water spearing is genuinely legal under a Coastal Recreational Fishing License, but a short list of fish may NEVER be speared or gigged — red drum, striped bass, tarpon, sharks, and lobster — and inland (fresh) game fish are hook-and-line only. Confirm current NC DMF sizes, seasons and the prohibited-species list before taking anything. Unlike Florida and Puerto Rico, ciguatera is largely a non-issue in NC's cool temperate water.

Black Sea Bass

Sea bass

Centropristis striata

Restricted — verify
reef0.3-1.5 kg, up to ~3 kg
Edibility & ciguatera
Excellent — sweet, firm white meat; one of the best table fish on the NC coast. No ciguatera concern in NC's temperate water.
Where you'll see it
The bread-and-butter NC reef fish — abundant on nearshore and offshore wrecks, ledges, artificial reefs and hard bottom. Curious and structure-bound, so an easy, common spear target.
Legal status
Legal to spear under a CRFL. 13 in total-length minimum. South of Cape Hatteras 7/day (federal snapper-grouper rules); north of Cape Hatteras 15/day with a May 1-Dec 31 season. Verify which side of Cape Hatteras you are on.
Sheepshead (Archosargus probatocephalus)
Photo: FDA

Sheepshead

Convict fishSheephead

Archosargus probatocephalus

Restricted — verify
inshore0.5-4 kg, up to ~5 kg
Edibility & ciguatera
Very good eating — clean white meat; no ciguatera concern in NC.
Where you'll see it
Docks, bridges, jetties, nearshore wrecks and reefs — anywhere with barnacles and oysters. A prime nearshore spear target, best in the cooler months when they stack on structure.
Legal status
Legal to spear under a CRFL. As of March 1, 2026 the minimum is 14 in TOTAL length (measured with the tail pinched closed) and the bag limit is 5/day — a tightening from the old 10 in / 10-fish rule. Verify the current DMF sheepshead rule.
Gray Triggerfish (Balistes capriscus)
Photo: Diego Delso / CC-BY-SA 4.0

Gray Triggerfish

Trigger

Balistes capriscus

Restricted — verify
reef0.5-2 kg, up to ~35 cm
Edibility & ciguatera
Excellent — dense, sweet white meat; no ciguatera concern in NC.
Where you'll see it
Reefs, wrecks and hard bottom, often hovering just off structure. A reliable offshore spear target that holds tight to cover.
Legal status
Legal to spear under a CRFL. 12 in fork-length minimum, counted within the 20-fish South Atlantic aggregate (with jacks, porgies, grunts, etc.). Verify current federal season/aggregate.
Hogfish (Lachnolaimus maximus)
Photo: Brian Gratwicke / CC-BY 2.0

Hogfish

Hog snapperHog

Lachnolaimus maximus

Restricted — verify
reef0.5-3 kg, up to ~9 kg
Edibility & ciguatera
Excellent — one of the most prized table fish; low ciguatera concern in NC's temperate range.
Where you'll see it
Hard bottom, reef and rubble, most common off southern NC. A classic sight-hunted spear target because it rarely takes a hook — worked along ledges.
Legal status
Legal to spear under a CRFL. In NC (the Georgia-through-NC stock) the minimum is 17 in fork length with 2/day — a stricter size than Florida's rule. Verify the current federal size and any season.
Gag Grouper (Mycteroperca microlepis)
Photo: FDA

Gag Grouper

GagGrey grouper

Mycteroperca microlepis

Restricted — verify
reef2-12 kg, up to ~23 kg
Edibility & ciguatera
Excellent eating; no ciguatera concern in NC.
Where you'll see it
Ledges, live bottom and wrecks in 60-120 ft; a strong fighter that bolts to structure — a bucket-list NC grouper.
Legal status
Legal to spear in season under a CRFL. 24 in total-length minimum. Shallow-water grouper season is open only May 1-Dec 31 (CLOSED Jan 1-Apr 30). Within the 3-fish grouper aggregate, only ONE gag OR black grouper (not both) per person per day, and no more than 2 gag + 2 black per vessel. Verify current dates.

Scamp

Scamp grouper

Mycteroperca phenax

Restricted — verify
reef1-5 kg, up to ~14 kg
Edibility & ciguatera
Excellent — widely rated the best-eating of the NC groupers; no ciguatera concern in NC.
Where you'll see it
Deeper live bottom, ledges and wrecks (often 100+ ft — deep for freedivers). A prized but wary offshore target.
Legal status
Legal to spear in season under a CRFL. 20 in total-length minimum. As a shallow-water grouper the season is open only May 1-Dec 31 (CLOSED Jan 1-Apr 30) and it counts in the 3-fish grouper aggregate. Verify current dates.
Red Grouper (Epinephelus morio)
Photo: Simões, N.; Zarco Perello, S.; Moreno Mendoza, R. / CC-BY 4.0

Red Grouper

Epinephelus morio

Restricted — verify
bottom2-7 kg, up to ~18 kg
Edibility & ciguatera
Excellent eating; no ciguatera concern in NC.
Where you'll see it
Hard bottom and rocky ledges, often solitary; less common off NC than gag but present on offshore live bottom.
Legal status
Legal to spear in season under a CRFL. 20 in total-length minimum, within the 3-fish grouper aggregate. Red grouper has its OWN narrower season — open only June 1-Dec 31 (closed Jan-May). Verify current dates.
Black Grouper (Mycteroperca bonaci)
Photo: R Vasconcellos / CC-BY 4.0

Black Grouper

Black

Mycteroperca bonaci

Restricted — verify
reef5-18 kg, up to ~45 kg
Edibility & ciguatera
Excellent eating; no ciguatera concern in NC's temperate range (a tropical-water caution elsewhere).
Where you'll see it
Deeper reefs, ledges and wrecks; a wary trophy grouper, more common off southern NC near the Gulf Stream edge.
Legal status
Legal to spear in season under a CRFL. 24 in total-length minimum. Shallow-water grouper season open only May 1-Dec 31 (CLOSED Jan 1-Apr 30); within the 3-fish grouper aggregate only ONE gag OR black (not both) per person per day. Verify current dates.
Greater Amberjack (Seriola dumerili)
Photo: Diego Delso / CC-BY-SA 4.0

Greater Amberjack

AJReef donkey

Seriola dumerili

Restricted — verify
reef9-27 kg, up to ~45 kg
Edibility & ciguatera
Good eating (watch for harmless cosmetic flesh worms); no ciguatera concern in NC.
Where you'll see it
Found on virtually every offshore wreck and ledge, often in aggressive schools — a hard-fighting NC spear brawl.
Legal status
Legal to spear under a CRFL. 28 in fork-length minimum, 1/day, and CLOSED Apr 1-30 each year. Verify current federal dates.
Cobia (Rachycentron canadum)
Photo: D Ross Robertson · Public domain

Cobia

LingCrab eater

Rachycentron canadum

Restricted — verify
pelagic9-27 kg, up to ~45 kg
Edibility & ciguatera
Excellent eating; no ciguatera concern in NC.
Where you'll see it
A spring/summer NC favourite — cruises near the surface following rays and turtles and hangs on wrecks, buoys and nearshore structure. Often shot as a surprise cruising target off Cape Lookout and the Outer Banks.
Legal status
Legal to spear under a CRFL, but size, bag and season are set annually by DMF proclamation (recently roughly 36 in fork length, ~1/person with a vessel cap, open about May-Sept). ALWAYS check the current cobia proclamation before targeting.
King Mackerel (Scomberomorus cavalla)
Photo: ScubaBear68 / CC BY 2.0

King Mackerel

KingKingfishSmoker

Scomberomorus cavalla

Legal to spear
pelagic2-14 kg, up to ~23 kg
Edibility & ciguatera
Good eating; no ciguatera concern in NC (a tropical-water caution farther south). Ice quickly to avoid scombroid/histamine.
Where you'll see it
Nearshore to offshore over wrecks and reefs, fast-moving in the water column — usually a mid-water reef or bluewater spear target through the warmer months.
Legal status
Legal to spear year-round under a CRFL. 24 in fork-length minimum, 3/day.

Southern Flounder

FlatfishDoormat

Paralichthys lethostigma

Restricted — verify
bottom30-50 cm, 'doormats' to ~63 cm
Edibility & ciguatera
Excellent eating; no ciguatera concern in NC.
Where you'll see it
Sand/mud bottom near structure, inlets and channel edges — the classic NC gigging/spearing flatfish (summer and Gulf flounder are also present nearshore). Gigging is expressly a legal salt-water method under a CRFL.
Legal status
Flounder is CLOSED to harvest most of the year in NC ('unlawful to possess'). In 2026 the only open recreational window was a short southern-flounder season, Sept 1-14, 15 in total-length minimum, 1/day, in coastal and joint waters. The season is set annually and is often only days long — ALWAYS confirm the current DMF flounder proclamation before taking one.

Tautog

BlackfishTog

Tautoga onitis

Restricted — verify
reef1-4 kg, up to ~10 kg
Edibility & ciguatera
Very good eating — firm, sweet white meat; no ciguatera concern in NC.
Where you'll see it
Cool-water wreck and rock fish at the southern edge of its range off northern NC (Outer Banks wrecks); most catchable in the colder months when warm-water species have thinned out.
Legal status
Legal to spear under a CRFL, but tautog is ASMFC-managed with a minimum size and a limited season that is set by DMF proclamation. Confirm the current NC tautog size, bag and open dates before targeting.
Lionfish (Pterois volitans)
Photo: Jens Petersen / CC-BY 2.5

Lionfish

Zebrafish?

Pterois volitans

Legal to spear
reef15-45 cm
Edibility & ciguatera
Excellent, delicate white flesh. The spines are venomous but the flesh is not — handle with care.
Where you'll see it
Reefs, wrecks and ledges from nearshore out to the Gulf Stream — an established invasive that NC divers are encouraged to remove. A staple of NC spearfishing tournaments.
Legal status
TAKE ENCOURAGED (invasive). No size or bag limit. Still taken under a CRFL and normal spearing gear rules; confirm any local or artificial-reef area restrictions.
Red Drum (Sciaenops ocellatus)
Photo: Geeklikepi / CC-BY-SA 3.0

Red Drum

RedfishPuppy drumChannel bass

Sciaenops ocellatus

Protected — do not take
inshoreslot 18-27 in, adults to ~1.5 m
Edibility & ciguatera
Good in the slot on hook-and-line, but do NOT spear — it is off-limits to spears in NC.
Where you'll see it
The NC state saltwater fish — flats, inlets, surf, oyster bars and nearshore structure. You will see them constantly, but they cannot be speared.
Legal status
PROHIBITED TO SPEAR. It is unlawful to gig, spear or gaff red drum in NC. A hook-and-line-only gamefish (18-27 in slot, 1/day). Illegal to take by spear.

Striped Bass

RockfishStriper

Morone saxatilis

Protected — do not take
inshoreslot 28-31 in (Atlantic Ocean), up to ~1.8 m
Edibility & ciguatera
Prized on hook-and-line in season, but do NOT spear — it is off-limits to spears in NC.
Where you'll see it
Nearshore ocean, inlets, sounds and rivers, especially in cooler months; a heavily-managed sport fish you will encounter but cannot spear.
Legal status
PROHIBITED TO SPEAR. It is unlawful to gig, spear or gaff striped bass in NC. Coastal take is hook-and-line only (Atlantic Ocean 28-31 in slot, 1/day; several management areas closed). In inland waters striped bass is a game fish, also hook-and-line only. Illegal to take by spear.
Tarpon (Megalops atlanticus)
Photo: Citron / CC-BY-SA 3.0

Tarpon

Silver king

Megalops atlanticus

Protected — do not take
inshoreup to ~2.4 m
Edibility & ciguatera
Not eaten; a catch-and-release gamefish.
Where you'll see it
A summer visitor to southern NC sounds, inlets and nearshore waters (notably around Pamlico Sound); large, silver and unmistakable.
Legal status
PROHIBITED — unlawful to possess tarpon in NC, which bars taking it by spear (a speared fish cannot be released alive). Catch-and-release only.
Goliath Grouper (Epinephelus itajara)
Photo: Albert kok / CC-BY-SA 3.0

Goliath Grouper

Jewfish

Epinephelus itajara

Protected — do not take
reefup to ~2.5 m / 360 kg
Edibility & ciguatera
Do not take — protected.
Where you'll see it
A massive, curious grouper that occasionally shadows divers on deeper southern-NC wrecks and Gulf Stream structure; rare this far north but present.
Legal status
PROHIBITED — unlawful to possess goliath grouper in NC (as are Nassau grouper, Warsaw grouper and speckled hind). No harvest by any method, including spear. Must be released.

Local names & details still being verified

  • 'Blackfish' in NC properly means TAUTOG (Tautoga onitis) — we deliberately did NOT use it as a nickname for black sea bass to avoid a dangerous ID mix-up. Black sea bass is only labelled 'sea bass' here. A local should confirm the everyday nicknames divers use for each.
  • Cobia size, bag and season are set every year by a separate DMF proclamation (ASMFC-managed) — the ~36 in fork / ~1 per person / ~May-Sept figures are typical recent values, not a guarantee. Confirm the current cobia proclamation.
  • Tautog NC size and open-season dates come from DMF proclamation and were not pinned to an exact 2026 number this pass — confirm the current NC tautog rule before targeting.
  • Grouper and red snapper seasons move: shallow-water grouper (gag/black/scamp) is open only May 1-Dec 31, red grouper only June 1-Dec 31, red snapper is closed except a very short annual proclamation season, and greater amberjack closes Apr 1-30. Confirm current federal/DMF dates each year.
  • Hogfish minimum size is 17 in fork length for NC (the Georgia-through-North-Carolina stock) — this is stricter than Florida's 16 in Keys/east-coast rule, so don't apply a Florida number in NC.
  • Sharks may NOT be speared in NC (recreational take is rod-and-reel or handline only), and spiny/American lobster and stone crabs may not be taken with a spear or gig — these are not listed as target cards here but are common encounters; see the regulations page.

A guide, not a ruling

Species identification and regional names are a guide, not a substitute for local knowledge or the current rules. North Carolina splits jurisdiction: in SALT (coastal/joint) waters spearing is legal under a Coastal Recreational Fishing License, but red drum, striped bass, tarpon, sharks, spiny lobster, American lobster and stone crabs may NEVER be speared or gigged, and anything out of season is off-limits; in FRESH (inland) waters all game fish are hook-and-line only. Confirm the current NC DMF (coastal) and NC Wildlife Resources Commission (inland) sizes, seasons and prohibited-species lists before taking any fish. Ciguatera is not a meaningful concern in NC's cool temperate water, but stay cautious with any large tropical reef fish that stray in on the Gulf Stream.

Do not spear

Prohibited species

  • SALT WATER — may NOT be gigged, speared or gaffed: red drum 1
  • SALT WATER — may NOT be speared; recreational take by rod-and-reel or handline only: sharks 1
  • SALT WATER — may NOT be gigged, speared or gaffed: striped bass 2
  • SALT WATER — may NOT be speared/gigged: tarpon 1
  • SALT WATER — may NOT be taken by spear/gaff or possessed if speared: spiny lobster 1
  • SALT WATER — may NOT be possessed if speared: American lobster 1
  • SALT WATER — may NOT be taken with any puncturing/crushing device: stone crabs 1
  • SALT WATER — any species that is not currently in season may not be gigged or speared 1
  • FRESH WATER — ALL inland game fish may be taken ONLY by hook and line, so may NOT be speared/gigged/bowfished: all black bass (largemouth, smallmouth, spotted, Alabama, redeye), mountain trout (brook/brown/rainbow), crappie, sunfish/bream, walleye, sauger, muskellunge, striped/white/hybrid bass, white perch, yellow perch, white catfish and the bullheads (black/brown/flat/snail/yellow bullhead), shad, pickerel, kokanee — NOTE: blue, channel and flathead catfish are NOT game fish; they are NONGAME and MAY be gigged/speared/bowfished with the proper license during an open season (except hook-and-line-only in certain stocked game-land catfish waters) (s4, s7)

Where you can't

Area restrictions

  • Public Mountain Trout Waters (inland) — gigs may not be used there 5
  • Impounded waters on Sandhills Game Land, and reservoirs with grass-carp restrictions — bowfishing/archery taking of nongame fish is not allowed there 5
  • Pee Dee River downstream of Blewett Falls Dam — archery equipment may take catfish only 5
  • Cape Hatteras National Seashore and Cape Lookout National Seashore — gig/spear/bow fishing IS permitted in these coastal waters 1
  • Gigging seasons and eligible counties for inland nongame gigging/bow-net methods vary and may require a Special Fishing Device License 5

Worth knowing

Notable rules, seasons & limits

  • North Carolina splits jurisdiction: salt/coastal/joint waters = NC DMF (permissive for spearing under a CRFL); inland/fresh waters = NCWRC (game fish are hook-and-line ONLY) — know which waters you are in (s1, s4)
  • In salt water, spearfishing is legal both above AND below the surface, and crossbows/archery equipment are also legal for taking fish 1
  • The DMF definition of 'spear' expressly includes Hawaiian slings and mechanically-propelled devices, so band guns, pneumatic guns and slings are clearly covered gear 1
  • Striped bass is off-limits to spears/gigs even though it is a popular sport fish — it may be taken only by hook and line in inland waters and may not be gigged/speared/gaffed in coastal waters (s2, s4)
  • Speared saltwater finfish are subject to the same size and creel/bag limits as fish taken by any other gear — follow the NC Recreational Coastal Waters Guide (s1, s2)
  • Possession of a speared spiny lobster (or a speared-shell American lobster) is itself evidence of a violation — lobsters are strictly hand/trap gear, not spear 1

What divers here typically use

Gear up for North Carolina spearfishing

Most divers working North Carolina'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

Gigging or spearing a prohibited species (red drum, sharks, striped bass, tarpon, lobster, stone crab), spearing an inland game fish, spearing out of season or over the bag/size limit, or fishing without the required CRFL or inland license, violates NC marine-fisheries rules (15A NCAC Chapter 03) or inland fishing rules (15A NCAC Chapter 10C) and Chapter 113 of the General Statutes, enforceable by citation, fines and possible license revocation; for lobster and spiny lobster, possession of a speared animal is prima facie evidence of illegal gear. Exact 2026 fine amounts were not itemized in the sources reviewed. (s1 / unverified)

Not yet independently confirmed — verify directly

  • SCUBA/rebreather (compressed-gas) diving for spearfishing is not expressly permitted or prohibited in the DMF or NCWRC guides reviewed; spearing 'below the surface' is legal but the mode of diving is not specified.
  • RESOLVED in the QA pass: the raw 15A NCAC 10C code (.0301 game-fish designation, .0302 hook-and-line-only, .0401/.0402/.0407 nongame methods, .0416 catfish) was read directly from the NC Office of Administrative Hearings rule text (s4/s5) and matches — including the correction that blue/channel/flathead catfish are nongame, not game fish.
  • Fee-rule anomaly (human review): the OAH administrative rule 15A NCAC 10A .1601 currently displays a Resident 10-day Inland Fishing License at $12.00, while the current published/statutory fee (G.S. 113-270.1B, eRegulations digest, and the file) is $11.00. The $11 figure appears to be current; a human should confirm which governs before relying on the 10-day price.
  • Exact 2026 penalty/fine dollar amounts and offense classifications for unlawful spearing/gigging were not itemized in the sources reviewed.
  • Whether specific dive-flag display or minimum-distance-from-swimmers/piers rules apply to spearfishers was not pinned to an NC primary source this session.

Confirm these points directly with North Carolina Wildlife Resources Commission (NCWRC) — inland/fresh waters; and NC Department of Environmental Quality (DEQ), Division of Marine Fisheries (DMF) — coastal/joint (salt) waters 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.

  3. Source 3: NC DEQ Division of Marine Fisheries — Recreational Fishing Licenses (Coastal Recreational Fishing License types, fees, age-16 requirement, where to buy)

    Retrieved July 5, 2026https://www.deq.nc.gov/about/divisions/marine-fisheries/licenses-permits-and-leases/recreational-fishing-licenses

  5. Source 5: NC Administrative Code 15A NCAC 10C — official OAH rule text (nongame sections). .0401 MANNER OF TAKING NONGAME FISHES (hook and line/grabbling/special-device or inland license; archery year-round EXCEPT Pee Dee River below Blewett Falls Dam = catfish only, Sandhills Game Land impoundments, and Public Mountain Trout Waters); .0402/.0407 (gig and spear gun only in counties/waters with an open season); .0416 (blue, channel and flathead catfish are nongame — hook-and-line-only only in certain stocked game-land catfish waters). Government primary source; confirmed verbatim this QA pass.

    Retrieved July 5, 2026http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2010%20-%20wildlife%20resources%20and%20water%20safety/subchapter%20c/subchapter%20c%20rules.pdf

  7. Source 7: NC General Statutes § 113-129 — Definitions relating to resources (definition of inland game fishes)

    Retrieved July 5, 2026https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_113/GS_113-129.pdf

Quick answers

Frequently asked questions

Is spearfishing legal in North Carolina?
Yes — spearfishing is legal in North Carolina's saltwater, and it is permitted in fresh water, subject to license, gear, species, and area rules. Spearfishing is expressly legal in North Carolina's coastal and joint fishing waters, both above and below the surface, under a Coastal Recreational Fishing License. CRFL holders…
Do you need a license to spearfish in North Carolina?
Yes. North Carolina requires the Coastal Recreational Fishing License (CRFL) for salt/coastal/joint waters (NC DMF); Inland Fishing License for fresh/inland waters (NCWRC). Resident cost: Coastal (CRFL): resident annual $19, resident 10-day $8. Inland: resident annual $30, resident 10-day $11; a resident Unified Inland/Coastal annual is $49; resident age 70+ can buy a lifetime senior license for $19. (s3, s6) Non-resident cost: Coastal (CRFL): nonresident annual $38, nonresident 10-day $14. Inland: nonresident annual $54, nonresident 10-day $28. (s3, s6)
Can you spearfish on scuba in North Carolina?
Not expressly addressed by DMF or NCWRC in the sources reviewed. Spearfishing is expressly legal both above and below the surface in salt water, which contemplates underwater diving, but neither agency's guide reviewed specifically permits or restricts compressed-gas…
What can't you spear in North Carolina?
Protected or no-take species you may not spear in North Carolina include: SALT WATER — may NOT be gigged, speared or gaffed: red drum, SALT WATER — may NOT be speared; recreational take by rod-and-reel or handline only: sharks, SALT WATER — may NOT be gigged, speared or gaffed: striped bass, SALT WATER — may NOT be speared/gigged: tarpon, SALT WATER — may NOT be taken by spear/gaff or possessed if speared: spiny lobster, SALT WATER — may NOT be possessed if speared: American lobster, SALT WATER — may NOT be taken with any puncturing/crushing device: stone crabs, SALT WATER — any species that is not currently in season may not be gigged or speared. Always check the full prohibited-species list and current seasons before diving, and confirm with North Carolina Wildlife Resources Commission (NCWRC) — inland/fresh waters; and NC Department of Environmental Quality (DEQ), Division of Marine Fisheries (DMF) — coastal/joint (salt) waters.

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Last verified July 5, 2026. Regulations change — always confirm the current rules with North Carolina Wildlife Resources Commission (NCWRC) — inland/fresh waters; and NC Department of Environmental Quality (DEQ), Division of Marine Fisheries (DMF) — coastal/joint (salt) waters before you dive.

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