Island Spear Co.

Regulations Rhode Island

Spearfishing Regulations in Rhode Island

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

Governing agency: Rhode Island Department of Environmental Management (RIDEM), Division of Marine Fisheries (saltwater) and Division of Fish & Wildlife (freshwater). Last verified July 5, 2026 by independent primary-source check.

Summary

Spearfishing is legal in Rhode Island's marine waters (Narragansett Bay, the coastal salt ponds, and the Atlantic/Block Island Sound), where it is treated as recreational fishing subject to every species' size, season, and possession limit 5. Anyone 16 or older needs a RI Recreational Saltwater Fishing License, which is a genuine, actively issued and enforced license 1. Striped bass may be speared (a widely-repeated claim that it is banned is wrong) but lobster may never be speared 34. In fresh water, spearing is far more limited: only carp, suckers, and fallfish may be taken by spear or bow and arrow, and all game fish are hook-and-line only 2.

License

What you need to be legal

LegalA license is required
License
Rhode Island Recreational Saltwater Fishing License (marine); a separate RI Freshwater Fishing License applies in fresh water
Who needs it
Anyone 16 or older who fishes recreationally in RI marine waters or offshore federal waters, including spearfishers, must hold a RI Recreational Saltwater Fishing License, a federal registration, or a license from a reciprocal state 1. A RI Freshwater Fishing License is required to take fish (including carp/suckers/fallfish by spear or bow) in fresh water 2.
Resident cost
Saltwater: $7.00 per year for RI residents; a 7-day license is $5.00 1. Freshwater license is a separate purchase (cost not separately confirmed here).
Non-resident cost
Saltwater: $10.00 per year for non-residents; a 7-day license is $5.00 1.
Where to buy
Online through the Rhode Island Outdoors (RIO) licensing system, and at participating bait & tackle shops 1.

Exemptions

  • Children under 16 do not need a saltwater license 1
  • RI residents 65 and older receive a free saltwater license (must still register) 1
  • Active military personnel stationed in Rhode Island receive a free saltwater license 1
  • Anglers/spearfishers fishing from a licensed party or charter boat are covered under the vessel and do not need their own license 1
  • Holders of a valid recreational saltwater license from a reciprocal state (Connecticut, Massachusetts, Maine, New York) are honored in RI 1
  • Freshwater: no freshwater license required on the first full weekend in May (Free Fishing Days) 2

The full story

The full story

The single most important thing for a Rhode Island spearo to know is that striped bass spearing is legal here, despite a persistent myth to the contrary. Several blogs, dive-shop pages, and 'ultimate guide' articles flatly state that spearing striped bass is prohibited in Rhode Island. That is not what the regulation says. Section 3.8.1(E)(3) of the Marine Fisheries finfish rules makes it unlawful to gaff a recreationally-caught striped bass, but the very next provision, 3.8.1(E)(3)(a), states that 'use of a spear or bolt while diving (SCUBA, Snorkeling or free) shall not be considered gaffing.' In other words, the anti-gaffing rule was written specifically so as NOT to outlaw spearfishing. A diver may legally take a striped bass by spear, provided it falls within the 28-inch minimum / under-31-inch slot and the one-fish daily limit 3. Always confirm the current slot with DEM before you dive, because striped bass limits change year to year.

The license question has no law-vs-practice gap: the RI Recreational Saltwater Fishing License is a real, actively issued and enforced requirement. It is sold through the state's Rhode Island Outdoors (RIO) online system and at tackle shops, and DEM environmental police enforce it on the water. Spearfishers are explicitly listed among those who must carry it, and it is genuinely cheap ($7 resident, $10 non-resident, $5 for seven days), so there is no reason to skip it 1.

The two real traps are lobster and fresh water. Lobster is the one marine animal you may never spear — spearing, gigging, or gaffing a lobster is banned outright, and even licensed non-commercial lobster divers must take them by hand, up to eight per day 4. In fresh water the logic inverts from what most divers expect: the desirable game fish (trout, bass, pike, pickerel, eel) are strictly hook-and-line, and the ONLY species you may spear or bow-fish are the rough fish - carp, suckers, and fallfish 2.

Where it's legal

Saltwater & freshwater

Saltwater

Legal

Rhode Island is a coastal state (Narragansett Bay, the south-shore salt ponds, Rhode Island Sound, and Block Island Sound). Spearfishing is a legal recreational method in marine waters, subject to every species' minimum/maximum size, open season, and daily possession limit exactly as for hook-and-line 5. A Recreational Saltwater Fishing License is required for anyone 16+ 1. Striped bass may be speared while diving (see The full story) but must meet the 28-inch minimum / under-31-inch slot and the 1-fish daily limit 3. Lobster may NOT be speared under any circumstances 4.

Freshwater

Legal

Freshwater spearing is narrowly limited. Under 250-RICR-60-00-10 section 10.6.1(A)(10)(g), taking fish in the fresh waters of the state by any means other than angling (hook and line) is prohibited, EXCEPT carp, suckers, and fallfish, which may be taken by snares, spears, or bow and arrow 2. That means all game fish (trout, salmon, charr, northern pike, chain pickerel, black bass, American eel) are hook-and-line only and may not be speared or bow-fished 2. A RI Freshwater Fishing License is required 2.

Gear

What you can carry

Speargun
Legal in marine waters as recreational spearfishing gear, subject to all size, season, and possession limits 5. Rhode Island marine regulation treats spearfishing (any use of a spear or powerhead) as a recognized take method and imposes no general speargun ban in salt water 35. In fresh water, spears may be used only for carp, suckers, and fallfish 2.
Pole spear
Permitted in marine waters as recreational spearfishing gear, subject to all species size/season/possession limits 5. In fresh water, limited to carp, suckers, and fallfish only 2.
Hawaiian sling
Not named as a distinct category in Rhode Island regulation; a Hawaiian sling is a hand-propelled spear and is treated as ordinary spearfishing gear in marine waters, subject to the same rules as other spears 5. (Not separately confirmed by name — see unverified.)
Spearfishing on SCUBA
Yes. Spearfishing while diving on SCUBA, snorkeling, or free-diving is contemplated by the marine regulations — the striped bass rule expressly references a spear or bolt used 'while diving (SCUBA, Snorkeling or free)' 3. SCUBA divers may also hand-harvest lobster under a Non-Commercial Lobster Diver License (8 lobsters/day), but never with a spear or any penetrating device 4.

Gear restrictions

  • Lobster may not be taken with a spear, gig, gaff, or other penetrating device, by any person or any diver 4
  • Striped bass taken by spear must meet the recreational 28-inch minimum / under-31-inch maximum slot and the 1-fish-per-person-per-day limit 3
  • All marine spearfishing is bound by the same size, season, and possession limits as hook-and-line fishing 5
  • In fresh water, spears and bows may be used only for carp, suckers, and fallfish 2

Do not spear

Prohibited species

  • Lobster — may NOT be taken by spear, gig, gaff, or any penetrating device; divers may only take lobster by hand under a Non-Commercial Lobster Diver License, up to 8/day 4
  • In fresh water, all game fish — trout, salmon, charr, northern pike, chain pickerel, black bass, and American eel — are hook-and-line (angling) only and may not be speared or bow-fished; only carp, suckers, and fallfish may be speared 2

Where you can't

Area restrictions

  • Marine spearfishing is governed statewide by the same size, season, and possession limits that apply to all recreational fishing; no blanket geographic spearfishing ban was found in the Marine Fisheries regulations 5
  • Freshwater spearing/bow-fishing is limited to carp, suckers, and fallfish wherever fresh-water fishing is allowed; game fish waters remain hook-and-line only 2
  • Divers (including spearos on SCUBA, snorkel, or free-dive) diving where power/motor boats operate must display a diver-down warning flag under RIGL 46-22-24 — at least 12"x12" on a buoy at the point of submergence, or at least 18"x18" if flown from a boat, with a white diagonal stripe one-quarter as wide as the flag; motorboats must stay at least 50 feet from the flag (violation is a misdemeanor, fine up to $50) 6

Worth knowing

Notable rules, seasons & limits

  • Striped bass CAN be speared in Rhode Island. A spear or bolt used while diving is explicitly not counted as illegal 'gaffing' (3.8.1(E)(3)); the fish must still meet the 28"/under-31" slot and 1/day limit 3.
  • Lobster is the hard 'no-spear' species — spearing, gigging, or gaffing a lobster is prohibited for everyone, and even licensed non-commercial lobster divers must take them by hand 4.
  • Spearfishing is defined broadly to include use of a powerhead, and spearfishers are explicitly named among those who must hold the saltwater license 15.
  • Fresh water flips the usual game-fish logic: the prized game species are off-limits to spears, and only rough/nongame fish (carp, suckers, fallfish) may be speared or bow-fished 2.
  • Rhode Island honors reciprocal saltwater licenses from Connecticut, Massachusetts, Maine, and New York 1.

What divers here typically use

Gear up for Rhode Island spearfishing

Rhode Island'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 Rhode Island marine fisheries and freshwater fishing regulations are enforced by RIDEM's Division of Law Enforcement under R.I. Gen. Laws Title 20 (Fish and Wildlife), and can carry fines, gear/catch seizure, and license suspension. Specific fine amounts vary by offense and are set by statute and DEM enforcement 35.

Not yet independently confirmed — verify directly

  • Whether a Hawaiian sling is named as a distinct legal gear category in RI marine regulation — it is not named; it is inferred to be permitted as ordinary hand-propelled spearfishing gear.
  • The exact current cost of the RI Freshwater Fishing License and the Non-Commercial Lobster Diver License fee were not separately confirmed in this pass (the diver license exists and caps divers at 8 lobsters/day).
  • Exact statutory fine amounts and penalty tiers under R.I. Gen. Laws Title 20 were not read offense-by-offense; the penalties summary is generalized.
  • Two government servers block automated fetching: dem.ri.gov returns HTTP 403 and the RI statute server (webserver.rilegislature.gov) refuses automated connections. License figures (s1) and the dive-flag statute text (s6) were confirmed via the government pages' search extracts / the RI statute index and cross-checked against the eRegulations RI digest, rather than a direct machine fetch of the government page. The government URLs are the correct primary sources and load for a human browser.

Confirm these points directly with Rhode Island Department of Environmental Management (RIDEM), Division of Marine Fisheries (saltwater) and Division of Fish & Wildlife (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.

  6. Source 6: R.I. Gen. Laws Title 46, Chapter 46-22, sec. 46-22-24 (Scuba divers, skin diving, or snorkeling — Warning flags) — diver-down flag at least 12"x12" on a buoy at place of submergence / 18"x18" if flown from a boat, with a white diagonal stripe one-quarter as wide as the flag; motorboats must not operate within 50 feet of the flag; violation is a misdemeanor (fine up to $50). Official RI General Laws statute (rilegislature.gov). Note: the state statute webserver blocks automated fetch, so the verbatim text was confirmed via the RI General Assembly statute index and cross-checked against the DEM/eRegulations RI dive-flag digest (https://www.eregulations.com/rhodeisland/fishing/saltwater/dive-flag-awareness).

    Retrieved July 5, 2026https://webserver.rilegislature.gov/Statutes/TITLE46/46-22/46-22-24.htm

Quick answers

Frequently asked questions

Is spearfishing legal in Rhode Island?
Yes — spearfishing is legal in Rhode Island's saltwater, and it is permitted in fresh water, subject to license, gear, species, and area rules. Rhode Island is a coastal state (Narragansett Bay, the south-shore salt ponds, Rhode Island Sound, and Block Island Sound). Spearfishing is a legal recreational method in marine…
Do you need a license to spearfish in Rhode Island?
Yes. Rhode Island requires the Rhode Island Recreational Saltwater Fishing License (marine); a separate RI Freshwater Fishing License applies in fresh water. Resident cost: Saltwater: $7.00 per year for RI residents; a 7-day license is $5.00. Freshwater license is a separate purchase (cost not separately confirmed here). Non-resident cost: Saltwater: $10.00 per year for non-residents; a 7-day license is $5.00.
Can you spearfish on scuba in Rhode Island?
Yes. Spearfishing while diving on SCUBA, snorkeling, or free-diving is contemplated by the marine regulations — the striped bass rule expressly references a spear or bolt used 'while diving (SCUBA, Snorkeling or free)'. SCUBA divers may also hand-harvest lobster under a…
What can't you spear in Rhode Island?
Protected or no-take species you may not spear in Rhode Island include: Lobster — may NOT be taken by spear, gig, gaff, or any penetrating device; divers may only take lobster by hand under a Non-Commercial Lobster Diver License, up to 8/day, In fresh water, all game fish — trout, salmon, charr, northern pike, chain pickerel, black bass, and American eel — are hook-and-line. Always check the full prohibited-species list and current seasons before diving, and confirm with Rhode Island Department of Environmental Management (RIDEM), Division of Marine Fisheries (saltwater) and Division of Fish & Wildlife (freshwater).

Stay current

Get an email when Rhode Island's size & bag limits change

Regulations shift between seasons. We re-check Rhode Island'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 Rhode Island Department of Environmental Management (RIDEM), Division of Marine Fisheries (saltwater) and Division of Fish & Wildlife (freshwater) before you dive.

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