Spearfishing Laws in Florida: What You Can Catch, Where You Can Dive, and What to Avoid
June 1, 2026
Florida’s warm, clear coastal waters are some of the best spearfishing destinations in the world — but jumping in without knowing the rules can turn an exciting dive into an expensive legal problem. The state has a detailed framework governing where you can spearfish, what species you can target, and what gear is allowed in the water.
Whether you’re a seasoned diver or picking up a pole spear for the first time, understanding Florida’s spearfishing laws before you enter the water is essential. This guide walks you through every key regulation, from licensing and legal species to no-go zones and the penalties for getting it wrong.
Is Spearfishing Legal in Florida
Spearfishing in Florida is legal in most saltwater areas, but the rules about where you can do it, what you can take, and what gear you can use are more specific than many people expect. The activity is governed primarily by the Florida Fish and Wildlife Conservation Commission (FWC) and codified under Florida Statute 379.2425.
Under Florida law, “spearing” is defined as the catching or taking of a fish by bow fishing, gigging, spearfishing, or by any device used to capture a fish by piercing its body — and does not include catching fish by hook and line or snagging. “Spearfishing” specifically means the catching or taking of a fish through the instrumentality of a hand or mechanically propelled, single or multi-pronged spear or lance, barbed or barbless, operated by a person swimming at or below the surface of the water.
The default rule is that spearing is lawful in all Florida salt waters and salt tributaries, with a long list of exceptions carved out by statute and FWC regulation. Those exceptions — covering species, zones, and gear — are where most violations occur, so reading every section of this guide carefully matters.
Key Insight: Spearfishing is a saltwater-only activity in Florida. The moment you enter freshwater with a spear, you are breaking the law — even if you never use the equipment.
Freshwater vs. Saltwater Spearfishing Rules in Florida
You cannot spearfish in any freshwater body in Florida, period. The ban goes further than most people realize: even possessing a speargun in or on freshwater is illegal, not just using one. That means transporting a loaded or assembled speargun on a freshwater lake or river can get you cited.
Spearfishing is prohibited for any species — freshwater or marine — in freshwater. Possession of spearfishing equipment in or on freshwater is also prohibited. This applies to rivers, lakes, ponds, springs, and any other inland water body across the state.
In saltwater, the rules are far more permissive by comparison. You can spearfish in Florida’s saltwater, and many divers use this method to target reef fish like snapper, grouper, and hogfish. However, saltwater spearfishing still comes with significant location-based restrictions, species prohibitions, and gear rules that you must follow. Florida’s wildlife removal laws share a similar philosophy — the state draws sharp lines between what is permitted in freshwater versus saltwater or land-based environments.
Important Note: Bowhunting and gigging fall under the broader “spearing” definition but have some separate rules. The freshwater prohibition applies specifically to spearfishing (underwater spearing), while gigging for certain species in some counties may be handled differently under local law.
License and Permit Requirements for Spearfishing in Florida
Anyone who spearfishes in Florida needs a valid recreational saltwater fishing license. This requirement applies even when spearfishing from shore. You can purchase licenses through the GoOutdoorsFlorida.com website, the Fish|Hunt Florida mobile app, or at a county tax collector’s office.
Several exemptions apply to the license requirement:
- Children under 16 do not need a license.
- Florida residents 65 and older are exempt with proof of age and residency, or they can obtain a free Resident 65+ Hunt/Fish Certificate.
- People fishing from a for-hire charter vessel with a valid charter license are also covered without their own individual license.
Resident 5-year licenses are available for $79.00. For specific species that are legal to spearfish, you may also need add-on permits. Standard licenses are great, but some species require extra permits — make sure you have the right add-ons before targeting specific fish.
You will also need to display a diver-down flag any time you are in the water. All divers and snorkelers in the water are required to prominently display a diver-down flag. The minimum size for any diver-down flag displayed on a buoy or float towed by the diver is 12 inches by 12 inches. The minimum size for any diver-down flag displayed from a vessel or structure is 20 inches by 24 inches.
Pro Tip: Always carry a printed or digital copy of your license when spearfishing. FWC officers can and do check licenses in the water, and being unable to produce one on the spot can result in a citation even if you have a valid license at home.
Legal Species and Prohibited Species for Spearfishing in Florida
Marine species harvested by spearing are subject to the same recreational regulations — including bag limits, size limits, and closed seasons — as those marine species harvested by any other type of recreationally-allowed gear. That said, a long list of species cannot be taken by spearing at all, regardless of season or size.
The FWC maintains a list of species that are completely off-limits to harvest by spearing. This list is longer than many spearfishers expect, and it includes popular gamefish alongside protected species.
The following species are prohibited from harvest by spearing in Florida state waters:
- All billfish species (sailfish, marlin, spearfish)
- Snook, red drum (redfish), spotted seatrout, and weakfish
- Bonefish, tarpon, pompano, African pompano, permit, and tripletail
- Goliath grouper and Nassau grouper
- Sharks, manta rays, spotted eagle rays, and sturgeon
- Families of ornamental reef fish including surgeonfish, trumpetfish, angelfish, butterflyfish, porcupinefish, cornetfish, squirrelfish, trunkfish, damselfish, parrotfish, pipefish, seahorse, puffers, and triggerfish (except gray and ocean triggerfish)
Goliath grouper and Nassau grouper also appear on the FWC’s broader prohibited species list, meaning they cannot be harvested by any method.
On the other side of the ledger, several popular species are legal to spearfish in Florida, including hogfish, snapper (most species), gag grouper, black grouper, cobia, and lionfish. Lionfish, an invasive species, can be harvested without a license or size limit, and spearfishers are encouraged to remove them whenever possible to help protect native marine species. Targeting lionfish is one of the most conservation-friendly things a spearfisher can do in Florida waters.
Common Mistake: Many divers assume that because they can catch snapper or grouper with a rod and reel, those same fish are fair game with a spear. While many snapper and grouper species are legal to spearfish, iconic inshore species like snook, redfish, and spotted seatrout are strictly off-limits by spear — even during open seasons for hook-and-line anglers.
Gear Restrictions for Spearfishing in Florida
Florida law permits spearfishing with spearguns, pole spears, Hawaiian slings, and similar devices. The FWC defines “spearing” broadly to include catching fish by bow fishing, gigging, spearfishing, or any device that pierces the fish’s body.
Here is a breakdown of commonly used gear and its legal status:
| Gear Type | Legal Status in Florida State Waters | Notes |
|---|---|---|
| Pole spear | Legal | Good for beginners; no mechanical propulsion |
| Hawaiian sling | Legal | Functions like a bow and arrow underwater |
| Speargun (band-powered) | Legal | Most common advanced gear; must be unloaded in prohibited areas |
| Powerheads / bangsticks | Prohibited for harvesting | Allowed for personal protection only in state waters |
| Rebreathers | Prohibited (with one exception) | Allowed only when harvesting lionfish |
| SCUBA gear | Legal | Permitted for spearfishing in most areas |
Harvest with the use of powerheads, bangsticks, or rebreathers is prohibited in state waters, except that rebreathers are allowed for the harvest of lionfish. Within state waters, powerheads and bangsticks can be used for personal protection only, and cannot be used to harvest any species.
Equipment storage also matters. Within prohibited areas, the possession of spearfishing equipment is also prohibited except when such equipment is unloaded and is properly stored upon watercraft passing nonstop through the area. This is a commonly overlooked rule — simply passing through a no-spearfishing zone with a loaded speargun on your boat is a violation.
Florida’s approach to regulating gear used in animal harvesting reflects a broader pattern seen across the state’s animal-related laws — the state sets precise equipment standards to balance recreational access with conservation goals.
Off-Limits Areas and No-Spearfishing Zones in Florida
Even in saltwater, there are numerous areas where spearfishing is completely prohibited. Knowing these zones before you dive is just as important as knowing which species you can legally target.
Statewide proximity rules prohibit spearfishing:
- Within 100 yards of any designated public bathing beaches, commercial or public fishing piers, or portions of bridges where fishing is allowed.
- Within 100 feet of the unsubmerged portion of any jetty, except that spearing is allowed along the last 500 yards of any jetty that extends more than 1,500 yards from the shoreline.
- In or on any body of water under the jurisdiction of the Division of Recreation and Parks of the Department of Environmental Protection.
Protected parks and sanctuaries:
Possession of spears and spearguns is prohibited in Everglades National Park, Dry Tortugas National Park, and Florida state parks. Spearfishing is strictly prohibited in the Florida Keys National Marine Sanctuary. These areas are among the most biologically sensitive marine environments in the United States.
The Upper Keys no-spearfishing zone:
The upper Keys no-spearfishing zone includes all state waters from the Miami-Dade County line down to and including Long Key. This is a large and heavily enforced zone that surprises many visiting divers who assume the Keys are open for spearfishing throughout.
County-specific restrictions:
Volusia County has its own carve-out: spearing in Volusia County inland waters is prohibited, with a narrow exception for flounder and sheepshead taken only by a barbed spear with three or fewer prongs.
Coastal counties and municipalities can and do layer their own restrictions on top of state rules, so checking with local authorities before a trip to an unfamiliar area is worth the effort. Always verify current local regulations with the FWC’s official spearing page before you dive in a new location.
Important Note: Being in a no-spearfishing zone with a loaded or assembled speargun — even if you never fire it — can constitute a violation. Florida law treats possession of spearfishing equipment in prohibited areas as prima facie evidence of an offense.
Bag Limits and Size Limits for Spearfishing in Florida
For species not on the prohibited-for-spearing list, spearfishers must still follow the same size limits, bag limits, and season closures that apply to all other recreational anglers. There are no special exemptions or looser rules for spearfishers — the same regulations that govern rod-and-reel fishing apply equally when you’re using a spear.
Here are some key size and bag limits for commonly targeted spearfishing species (as reported by sources current to early 2026 — always verify with MyFWC.com before your trip, as these figures can change):
| Species | Minimum Size | Bag Limit | Notes |
|---|---|---|---|
| Hogfish | 14 inches | 5 per person | Popular spearfishing target on reefs |
| Gag Grouper (Atlantic) | 24 inches | 2 per person | Atlantic Gag Grouper was closed January 1 to April 30 in 2026; minimum size is 24 inches. |
| Black Grouper | 24 inches | 4 per person | Subject to grouper aggregate bag limits |
| Red Grouper | 20 inches | 2 per person | Check Gulf vs. Atlantic rules separately |
| Red Snapper (Atlantic) | 16 inches | 2 per person | Open year-round in the Atlantic with a 20-inch minimum — verify current season dates for Gulf |
| Yellowtail Snapper | 12 inches | 10 per person | Common Keys target |
| Lionfish | No minimum | No limit | Invasive species; harvest encouraged |
Federal bag limits cannot be combined with state bag limits. If you are diving in federal waters (beyond 3 nautical miles in the Gulf, or 3 nautical miles in the Atlantic), different federal regulations may apply and the stricter of the two rules generally governs your harvest.
Size limits matter even more underwater than at the surface — objects underwater appear 34 percent larger than they actually are. A fish that looks comfortably above the size limit through your mask may actually be undersized when measured on the boat. When in doubt, let it go. Florida’s size and bag limit framework is part of the same conservation approach that shapes other wildlife-related regulations across the state.
Pro Tip: Carry a measuring tool on your dive float or stringer so you can check fish size before surfacing. This is especially important for grouper and snapper, where undersized fish carry meaningful fines.
Penalties for Spearfishing Violations in Florida
Florida Statute 379.2425 defines spearfishing as taking saltwater fish with a spear, gig, or lance while swimming at or below the surface, and violations carry penalties ranging from civil fines to misdemeanor charges and equipment seizure. The FWC uses a tiered violation system that escalates based on the severity of the offense and your prior record.
Level One Violations (Non-Criminal Civil Infractions)
Spearfishing without a license when you need one is a Level One violation under Florida law, starting at a $50 civil penalty plus the cost of the license itself. After a hearing, the county court may impose a civil penalty of not less than $50 for a first-time violation, and not more than $500 for subsequent violations.
Level Two Violations (Misdemeanor)
Violations of bag limits, size limits, and season restrictions fall under Level Two. For a first offense, a Level Two violation is charged as a misdemeanor of the second degree, punishable by up to 60 days in jail and a $500 fine. For a second offense within 3 years of a prior offense, the Level Two violation can be charged as a misdemeanor of the first degree, which is punishable by up to 12 months in jail and a $1,000 fine.
Level Three Violations (First-Degree Misdemeanor)
The most serious fishing violations, including taking protected species, are Level Three offenses. A first Level Three violation is a first-degree misdemeanor even without any prior history. Repeat Level Three offenses carry felony charges.
Equipment Seizure and Forfeiture
Beyond fines and criminal charges, Florida law allows the FWC to seize your speargun, vessel, motor, and any other equipment used in connection with a saltwater fishing violation that results in a conviction. For forfeiture purposes, a “conviction” includes any disposition other than an acquittal or dismissal.
Beyond fines and potential jail time, the FWC can suspend or revoke your fishing privileges. This administrative penalty can affect both recreational and commercial licenses. First-time serious violations might result in license suspensions of 30 to 90 days. Repeat violations can lead to suspensions lasting a year or more.
The penalties for spearfishing violations in Florida are comparable in structure to those governing other wildlife-related offenses in the state — the FWC takes resource protection seriously across all categories of animal law. If you receive a citation, consulting an attorney familiar with FWC enforcement is advisable, as charges can stack and escalate quickly.
Common Mistake: Some divers assume that a first-time violation will result in nothing more than a warning. FWC officers are authorized to issue citations on the spot, and possession of a prohibited species — even by accident — can trigger a Level Three charge with misdemeanor consequences from the very first offense.
Florida’s spearfishing laws reward preparation. Knowing which species are off-limits, where you can legally dive, what gear is permitted, and what licenses you need means you can focus on the experience rather than the legal risk. Check the FWC’s official spearing regulations page before every trip, and verify local rules for any new county or marine area you plan to visit. The fish will still be there — and so will the FWC officers if you are not in compliance.