Spearfishing Laws in Delaware: What You Need to Know Before You Dive

Delaware may be the second-smallest state in the country, but its waters offer a surprising range of fishing environments — from freshwater millponds and tidal rivers to Delaware Bay and the Atlantic surf near Indian River Inlet. If you plan to spearfish in any of those waters, you need to understand exactly where the law stands before you enter the water.

Spearfishing regulations in Delaware are not always spelled out in a single, dedicated rulebook. Instead, they fall under the broader framework of the state’s finfish laws, which are administered by the Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Fish and Wildlife. Knowing how those rules apply to spear-based methods — and where they draw hard limits — can save you from costly violations and protect Delaware’s fisheries for future seasons.

Is Spearfishing Legal in Delaware?

The short answer is: yes, but only in very specific and limited circumstances. Delaware law does not contain a broad, affirmative authorization for spearfishing the way some coastal states do. Instead, the state’s approach is to list the legal methods and equipment for taking fish, and anything not on that list is prohibited by default.

Unless otherwise authorized by the adoption of a Department regulation or issuance of Division permits, it is illegal for any person to fish for any game fish in the tidal waters of Delaware with any fishing equipment or by any method, unless it is specifically provided for in the law. Spearfishing is not listed as a permitted method for game fish in tidal waters, which means targeting species like striped bass, summer flounder, or black sea bass with a spear in Delaware Bay or the coastal ocean is not allowed under standard recreational rules.

In freshwater (non-tidal) waters, the picture is slightly different — but the window is narrow. Carp and snakehead fish may be taken and fished for by using a bow and arrow and/or spear, unless said equipment or method is otherwise restricted by any Department regulation or local ordinance. That is the full scope of spearfishing authorization in Delaware’s non-tidal waters. All other freshwater species are off-limits to spear methods.

Important Note: Delaware’s fishing regulations are subject to change, and DNREC may issue permits that authorize methods not covered under standard rules. Always verify the current rules at dnrec.delaware.gov or by calling DNREC at 302-739-9914 before heading out.

Freshwater vs. Saltwater Spearfishing Rules in Delaware

The distinction between freshwater (non-tidal) and saltwater (tidal) waters is one of the most important dividing lines in Delaware fishing law, and it has a direct impact on what spearfishing is and is not permitted.

In non-tidal freshwater waters, spearing is allowed only for carp and northern snakehead. Carp and snakehead fish may be taken by using a bow and arrow and/or spear, unless otherwise restricted. At this time, no carp or snakehead fish may be taken from State Park ponds or Becks Pond using bow and arrow. This same restriction logically extends to spear use in those locations as well.

In tidal (saltwater and brackish) waters, spearfishing for food fish and game fish is not listed among the authorized methods. Unless otherwise authorized by this chapter or the adoption of any Department regulation or issuance of Division permits, it is illegal for any person to fish for food fish in the tidal waters of Delaware with any fishing equipment or by any method, except those specifically enumerated in the law. Spears, spearguns, and similar projectile devices are not on that enumerated list for tidal waters.

Compare this to neighboring spearfishing laws in New Jersey, where the state explicitly permits spearfishing in marine waters for most managed species while submerged. Delaware takes a more restrictive posture, with no comparable tidal-water authorization in its standard recreational framework.

Water Type	Spearfishing Permitted?	Species Allowed	Notes
Non-Tidal Freshwater	Limited Yes	Carp, Northern Snakehead only	Prohibited in State Park ponds and Becks Pond
Tidal / Saltwater	No (standard rules)	None under standard rules	May be possible under special DNREC permit
Federal Waters (3+ miles offshore)	Governed by federal rules	Subject to NOAA/NMFS regulations	Delaware license not required beyond 3-mile limit

License and Permit Requirements for Spearfishing in Delaware

Even though spearfishing in Delaware is tightly restricted, if you are legally targeting carp or snakehead in non-tidal waters, you are still required to hold the proper license. A general fishing license is required for fishing, crabbing, or clamming in tidal and non-tidal waters throughout the State of Delaware.

In addition to the general fishing license, all anglers — resident and non-resident — age 16 or older must obtain a free Delaware Fisherman Information Network (FIN) number each year before fishing in tidal or non-tidal waters of Delaware. All Delaware anglers age 16 or older are required by regulation to have a Delaware-issued FIN number on an annual basis before fishing in Delaware waters. There is no fee for a FIN number.

You can purchase a fishing license and obtain your FIN number through the Digital DNREC ePermitting system, in person at DNREC headquarters at 89 Kings Highway in Dover, or through one of more than 40 authorized licensing agents across the state. A fishing license is good through December 31 for the calendar year in which it was issued.

There are a few notable exemptions to the standard license requirement. Delaware residents age 65 and older are exempt from fishing license requirements, but must have proof of age and residency. Children under the age of 16 are exempt from the license and FIN requirement. Residents who own or live on a farm in Delaware with 20 acres or more, along with their immediate family members residing on the farm, may fish on that farm without a fishing license.

If you are targeting Atlantic tunas, swordfish, or billfish in offshore waters, a separate federal permit applies. For all Atlantic tunas, swordfish, and billfish, anglers must obtain a regulated Atlantic Highly Migratory Species Angling Permit (HMS). You can learn more at FishingBooker’s Delaware fishing license guide or by calling NOAA at 888-872-8862.

Pro Tip: Your FIN number is tied to your angler identity in Delaware’s data system. Even if you qualify for a license exemption, you still need to register for a FIN number through Digital DNREC before you fish — including before any spearfishing activity in non-tidal waters.

Legal Species and Prohibited Species for Spearfishing in Delaware

In non-tidal freshwater waters, the only species you may legally target with a spear are carp and northern snakehead (Channa argus). The snakehead is an invasive species in Delaware, and its removal is actively encouraged by wildlife managers. Carp, while not native, are similarly unprotected and may be taken by spear without a season restriction in authorized waters.

All other freshwater species — including largemouth bass, smallmouth bass, walleye, northern pike, chain pickerel, crappie, catfish, trout, and sunfish — are off-limits to spear methods. Gamefish species in Delaware include largemouth bass, smallmouth bass, black crappie, white crappie, rock bass, white bass, walleye, northern pike, chain pickerel, salmon, muskellunge and hybrids, hybrid striped bass, sunfish, and trout. These species are protected under the state’s gamefish rules and may only be taken by hook and line under standard regulations.

In tidal waters, no species may be taken by spear under standard recreational rules. Several shark species carry additional protections beyond the standard tidal fish rules. Certain species are prohibited from being caught from any tidal waters. With all species in these categories, anglers are mandated by law to immediately release them to ensure the highest chance of survival and prevent further endangerment. Prohibited sharks include the sandbar shark, sand tiger, Atlantic angel shark, basking shark, bigeye sand tiger, whale shark, white shark, and numerous others.

Atlantic sturgeon are also strictly protected and may not be targeted or harvested. If you encounter a dead sturgeon, DNREC asks that you report it immediately at 302-735-8663. For a broader comparison of how neighboring states handle species restrictions, see spearfishing laws in Virginia and spearfishing laws in Pennsylvania.

Gear Restrictions for Spearfishing in Delaware

Because spearfishing is only sanctioned for carp and snakehead in non-tidal waters, gear rules for spearfishing in Delaware are minimal — but the broader equipment restrictions in state law still set the context for what is and is not acceptable.

In non-tidal waters, the law explicitly permits bow and arrow and spear as methods for taking carp and snakehead. No specific speargun model restrictions or pole-spear length limits are codified in state statute for these species. However, all standard non-tidal restrictions still apply in parallel. The use of any chemical, poison, or electrical shocking equipment or device is prohibited unless authorized by permit. In non-tidal waters, the use of nets is prohibited except for a dip net used to assist in the landing of hooked fish.

For tidal waters, Delaware law lists the authorized equipment and methods for food fish and game fish — and spearguns, pole spears, and Hawaiian slings are not among them. Unless otherwise authorized by the adoption of Department regulation or issuance of Division permits, it shall be illegal for any person to fish for any game fish in the tidal waters of Delaware with any fishing equipment, or by any method, unless it is provided for in the specific subdivisions of the law — which include only hook and line with limited hooks.

If you are fishing in tidal waters for sharks, note that when targeting sharks, non-offset carbon or mild steel circle hooks — not stainless steel — are required. This is a gear-specific rule that applies regardless of method and reflects Delaware’s conservation posture on sensitive species. For a look at how gear rules compare in a neighboring state, see spearfishing laws in Ohio.

Off-Limits Areas and No-Spearfishing Zones in Delaware

Even within the narrow window where spearfishing is permitted — carp and snakehead in non-tidal freshwater — certain locations are explicitly closed. Carp and snakehead fish may be taken by bow and arrow and/or spear, unless otherwise restricted. At this time, no carp or snakehead fish may be taken from State Park ponds or Becks Pond using bow and arrow — and the same restriction applies to spear use in those locations.

Several additional area-based restrictions apply to fishing activity in Delaware more broadly. Crabbing, fishing, or swimming from floating courtesy docks at any Delaware Division of Fish and Wildlife boat ramp is prohibited, unless otherwise posted. Crabbing or fishing on or from any dike or water control structure or within any impoundment is prohibited at all times.

It is unlawful for anyone to fish in or remove fish from any fish ladder or within a 10-foot radius of the entrance or exit to any fish ladder between March 15 and May 30. This applies to all fishing methods, including spear-based approaches in authorized freshwater locations.

In tidal waters, several zone-specific restrictions govern where and how fishing equipment may be deployed. No person shall fish with any fixed fishing equipment in tidal waters located outside the mouths of tributaries known as the Salem River, Christina River, Delaware City Canal, and Chesapeake and Delaware Canal, within circular areas each with a 1/2 nautical mile radius from the midpoint of the mouth of each tributary. While these rules primarily address net and fixed gear, they reflect the broader principle that certain tidal zones carry additional restrictions. You can also review spearfishing laws in Michigan and spearfishing laws in Indiana to see how Midwestern states handle restricted zones differently.

Key Insight: Delaware’s wildlife management areas also require a Conservation Access Pass for any registered motor vehicle accessing state wildlife areas. A Conservation Access Pass is required for all registered motor vehicles accessing Delaware’s state wildlife areas for any allowable activity. Passes are available as annual passes (July 1 through June 30), three-day passes, or lifetime passes.

Bag Limits and Size Limits for Spearfishing in Delaware

Because spearfishing is only authorized for carp and northern snakehead in non-tidal freshwater, bag limit and size limit rules in the traditional sense are minimal for those two species. Delaware does not publish a specific daily bag limit or minimum size for carp taken by spear in non-tidal waters. Snakehead, as an invasive species, also carries no protective bag or size limit — the state’s goal is removal, not conservation of the population.

That said, the general principle behind size limits is important context. Size limits are intended to protect fish of spawning size before they are caught. For any species where a size limit exists, that limit applies regardless of the method used to take the fish — including spear. If you were ever authorized by special permit to take tidal species by spear, all existing size and bag limits for those species would still apply in full.

For tidal species that spearfishers in other states commonly target, Delaware does maintain active size and creel limits. As of 2025, striped bass, cobia, and spot saw season, size, and daily limit regulation changes go into effect. New regulations may be required for several tidal water species in 2026. Check the Delaware tidal seasons, size, and creel limits page at eRegulations for the most current figures before any outing.

For American shad in tidal waters, a specific possession cap applies regardless of method: it shall be unlawful for any person to have in possession more than two American shad and more than ten hickory shad. Shad may only be taken by hook and line in non-tidal waters, so spearing them is prohibited in both environments.

Anglers interested in how other states handle size and bag limits for spearfishing should review spearfishing laws in Florida and spearfishing laws in Minnesota for comparison.

Penalties for Spearfishing Violations in Delaware

Delaware classifies fishing violations under its environmental violation framework, and the penalties can be significant — especially for repeat offenses or commercial-scale infractions. Understanding the penalty structure gives you a clear picture of what is at stake if you spearfish outside the law.

For violations involving the unlawful taking, sale, or transfer of food fish in tidal waters, the Delaware Code establishes a tiered system. Any person who violates the provisions related to unlawful fishing activity or use of unauthorized equipment shall be guilty of a Class C environmental violation. Any person who violates the provisions related to unlawfully transferring food fish for sale shall be guilty of a Class D environmental violation. Each food fish purchased, traded, or bartered shall constitute a separate violation.

Using a purse seine to take menhaden carries an even steeper charge: whoever violates that section shall be guilty of a Class A environmental misdemeanor. While that specific rule targets commercial net gear, it illustrates that Delaware treats unauthorized fishing methods as criminal offenses, not just civil infractions.

Beyond fines and criminal classifications, violations can result in license suspension and equipment confiscation. Recreational fishing in Delaware requires licenses for most anglers and is governed by both state regulations promulgated by DNREC and regional and national regulations. Violating those regulations — including using a spear in unauthorized waters or for unauthorized species — puts your fishing license and future access at risk.

To report a fishing violation in Delaware, call the DNREC hotline at 1-800-523-3336. Striped bass, cobia, and spot regulation changes went into effect in 2025, and enforcement officers are actively monitoring compliance with updated rules. If you are unsure whether a specific spearfishing activity is legal in a given location, contact DNREC’s Fisheries Section directly at 302-739-9914 before you go.

For context on how other states in the region handle enforcement, see spearfishing laws in New Jersey and review Delaware’s own animal and wildlife laws to understand the broader regulatory environment in the First State. You can also explore beekeeping laws in Delaware and backyard chicken laws in Delaware for related state-level wildlife and animal regulations.

Pro Tip: The 2026 Delaware Fishing Guide on eRegulations is updated as regulatory changes occur and is one of the most reliable sources for current season dates, size limits, and method restrictions. Bookmark it and check it before every trip.