Spearfishing Regulations in Virginia

License

Saltwater: Virginia Saltwater Recreational Fishing License (VMRC). Freshwater: Virginia (State) Freshwater Fishing License (DWR).

Who needs it

SALTWATER: anyone age 16+ fishing (including by spear or gig) in the Chesapeake Bay, its tidal tributaries, or Virginia ocean waters needs the Saltwater Recreational Fishing License, unless fishing on a licensed pier/charter/head boat that holds a blanket license or otherwise exempt (s2, s4). FRESHWATER: anyone age 16+ fishing inland/freshwater needs a Virginia freshwater fishing license 8. The freshwater and saltwater licenses are separate credentials; the boundary between them is set by VMRC/DWR jurisdiction.

Resident cost

Freshwater resident (16+): $23.00/yr (also $44 2-yr, $65 3-yr, $86 4-yr; city/county resident option $16.00). Saltwater resident: $17.50/yr. Resident 65+ freshwater: $9.00/yr 8.

Non-resident cost

Freshwater nonresident (16+): $47.00/yr ($8.00 1-day, $21.00 5-day). Saltwater nonresident: $25.00/yr; a 10-day saltwater license is $10.00 for residents and nonresidents (s8, s5).

Where to buy

Online through Go Outdoors Virginia (the joint DWR/VMRC portal), at DWR/VMRC license agents statewide, and at many retailers. Saltwater licenses: mrc.virginia.gov; freshwater licenses: dwr.virginia.gov.

Speargun

SALTWATER: allowed for recreational spearfishing in tidal marine waters; the saltwater license authorizes take by spear/gig (s2, s4). FRESHWATER: PROHIBITED — DWR regulations state 'Spearguns and poisoned arrows are prohibited' 6.

Pole spear

SALTWATER: allowed (covered by the license's 'spear or gig' authorization) (s2, s4). FRESHWATER: an elastic-powered pole spear is not a permitted method for game fish (angling only), and freshwater 'fishing spear' is defined as a hand-thrust/hand-thrown implement used from above the surface for nongame only (s6, s7).

Hawaiian sling

SALTWATER: allowed as a recreational spear device in tidal marine waters (covered by 'spear or gig'; VMRC does not name it individually) (s2, s4). FRESHWATER: not permitted (falls under the speargun/elastic-device prohibition and the game-fish angling-only rule) (s6, s7).

Spearfishing on SCUBA

SALTWATER: not prohibited by VMRC — SCUBA/free-dive spearfishing is a recognized recreational method in Virginia marine waters 2. FRESHWATER: PROHIBITED — 'It is illegal to use SCUBA gear to take or attempt to take fish' in inland waters 6.

• Sturgeon — 'It shall be unlawful for any person to take, catch or possess any sturgeon' (Code of Virginia 28.2-303); may not be speared or taken by any method 2.
• Sharks (recreational) — may be taken only by handline or rod and reel, so may NOT be speared (4VAC20-490-30, s2).
• Lobster — a lobster whose outer shell has been speared may not be possessed (4VAC20-110-30, s2).
• All freshwater GAME FISH may not be speared (angling / hook-and-line only): trout, largemouth bass, smallmouth bass, spotted bass, rock bass, roanoke bass, bream/bluegill, crappie, walleye, sauger, saugeye, chain pickerel, muskellunge, northern pike, striped bass, and white bass (s6, s7).
• Any marine species under a harvest moratorium or prohibited-possession rule may not be taken by spear — check current VMRC species limits 4.

• Freshwater nongame gig/hand-spear take is limited to waters below the fall line of the Rappahannock River and its tributaries and the Potomac River and its tributaries (from above the surface), plus gig/striking-iron take in Amelia, Appomattox, Brunswick, Campbell, Charlotte, Cumberland, Dinwiddie, Goochland (except James River), Greensville, Halifax, Louisa, Lunenburg, Mecklenburg, Nottoway, Pittsylvania, and Prince Edward counties — excluding public impoundments, the Roanoke (Staunton) and Dan rivers, and Department-stocked waters 6.
• Federally managed waters beyond the 3-nautical-mile state line (EEZ) are governed by NOAA Fisheries / the Mid-Atlantic and Atlantic States Marine Fisheries Commission rules in addition to Virginia's — check federal limits for offshore species.
• Standard local ordinances, park/refuge closures, and swimming-area/pier safety zones may restrict where a diver can spear; verify locally.

• Virginia has TWO fishery agencies with a hard jurisdictional split: VMRC for saltwater/tidal, DWR for inland/freshwater — the rules and even the licenses are different on either side of the line (s2, s6).
• Recreational saltwater spearfishing is fully legal and the saltwater license expressly covers 'spear or gig'; freshwater underwater spearfishing is effectively banned (spearguns prohibited, SCUBA can't be used to take fish, game fish are angling-only) (s2, s4, s6, s7).
• In fresh water, a 'fishing spear' means a hand-thrust or hand-thrown implement used from ABOVE the surface for nongame fish only — it is not a diving/speargun right 6.
• Sharks may not be speared recreationally (handline or rod-and-reel only), sturgeon may not be taken at all, and a speared lobster may not be possessed 2.
• Snakehead taken by any legal method must be immediately killed and reported to DWR; carp, grass carp, snakehead, gar (and tidal bowfin/catfish) taken by bow must be retained, not released back into the water 6.
• Commercial spearfishing is prohibited entirely (4VAC20-995-40, s3).

Marine (VMRC) fisheries violations are generally Class 1 or Class 3 misdemeanors under Title 28.2 of the Code of Virginia, enforced by VMRC Marine Police, with fines, license revocation/suspension, and forfeiture of illegally taken catch and gear. Inland (DWR) fishing-method violations are enforced by DWR Conservation Police Officers and are typically Class 3 misdemeanors (fine) with escalation and possible license revocation for repeat or serious offenses. Sturgeon take can trigger additional federal Endangered Species Act penalties. Exact fine amounts depend on the specific offense and prior record.

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

1. [1]
   Source 1: Virginia Marine Resources Commission (VMRC) — agency home

   Retrieved July 5, 2026 · https://mrc.virginia.gov/

2. [2]
   Source 2: VMRC — Spearfishing Rules (recreational legality; license covers spear/gig; commercial ban 4VAC20-995-40; sturgeon 28.2-303; shark handline/rod-reel-only 4VAC20-490-30; speared-lobster ban 4VAC20-110-30; striped bass gaffing ban)

   Retrieved July 5, 2026 · https://mrc.virginia.gov/regulations/spearfishing-rules.shtm

3. [3]
   Source 3: 4VAC20-995-40 (Virginia Administrative Code) — 'It shall be unlawful for any person to harvest fish for commercial purposes by any method of spear fishing.'

   Retrieved July 5, 2026 · https://law.lis.virginia.gov/admincode/title4/agency20/chapter995/section40/

4. [4]
   Source 4: VMRC — Virginia Saltwater Recreational Fishing Rules (license authorizes rod-and-reel, handline, spear or gig, cast net, up to two eel pots)

   Retrieved July 5, 2026 · https://webapps.mrc.virginia.gov/public/reports/swrecfishingrules.php

5. [5]
   Source 5: VMRC — Virginia Saltwater Recreational Fishing Licenses regulation (license classes, 10-day option)

   Retrieved July 5, 2026 · https://mrc.virginia.gov/regulations/recfish-licensing.shtm

6. [6]
   Source 6: Virginia DWR — Nongame Fish, Reptile, Amphibian and Aquatic Invertebrate Regulations (gig/fishing-spear above-surface rule; speargun & poisoned-arrow prohibition; SCUBA-to-take-fish prohibition; bowfishing species; snakehead)

   Retrieved July 5, 2026 · https://dwr.virginia.gov/fishing/regulations/nongame/

7. [7]
   Source 7: Virginia DWR — General/Freshwater Fishing Regulations (game fish definition; inland waters must be fished by angling with hook and line or rod and reel)

   Retrieved July 5, 2026 · https://dwr.virginia.gov/fishing/regulations/general/

8. [8]
   Source 8: Virginia DWR — Fishing License Information & Fees (resident/nonresident freshwater and saltwater fees; senior, under-16, and landowner exemptions)

   Retrieved July 5, 2026 · https://dwr.virginia.gov/fishing/regulations/licenses/

Is spearfishing legal in Virginia?

Yes — spearfishing is legal in Virginia's saltwater, but it is not permitted in fresh water, subject to license, gear, species, and area rules. Virginia has extensive marine/tidal waters — the Chesapeake Bay, its tidal tributaries, and the Atlantic Ocean. Recreational spearfishing is legal in these waters; the Saltwater…

Do you need a license to spearfish in Virginia?

Yes. Virginia requires the Saltwater: Virginia Saltwater Recreational Fishing License (VMRC). Freshwater: Virginia (State) Freshwater Fishing License (DWR).. Resident cost: Freshwater resident (16+): $23.00/yr (also $44 2-yr, $65 3-yr, $86 4-yr; city/county resident option $16.00). Saltwater resident: $17.50/yr. Resident 65+ freshwater: $9.00/yr. Non-resident cost: Freshwater nonresident (16+): $47.00/yr ($8.00 1-day, $21.00 5-day). Saltwater nonresident: $25.00/yr; a 10-day saltwater license is $10.00 for residents and nonresidents (s8, s5).

Can you spearfish on scuba in Virginia?

SALTWATER: not prohibited by VMRC — SCUBA/free-dive spearfishing is a recognized recreational method in Virginia marine waters. FRESHWATER: PROHIBITED — 'It is illegal to use SCUBA gear to take or attempt to take fish' in inland waters.

What can't you spear in Virginia?

Protected or no-take species you may not spear in Virginia include: Sturgeon — 'It shall be unlawful for any person to take, catch or possess any sturgeon', Sharks, Lobster — a lobster whose outer shell has been speared may not be possessed, All freshwater GAME FISH may not be speared, Any marine species under a harvest moratorium or prohibited-possession rule may not be taken by spear — check current VMRC species limits. Always check the full prohibited-species list and current seasons before diving, and confirm with Virginia Marine Resources Commission (VMRC) — saltwater/tidal; Virginia Department of Wildlife Resources (DWR) — inland/freshwater.