Maine’s rugged Atlantic coastline stretches over 3,500 miles, making it one of the most compelling spearfishing destinations on the East Coast. Before you gear up and slip beneath the surface, you need to understand exactly where spearfishing is legal, which species you can target, and what licenses you must carry.
The rules differ sharply between freshwater and saltwater, and the penalties for getting it wrong are real. This guide breaks down Maine’s spearfishing laws clearly so you can plan your dive with confidence and stay on the right side of state regulators.
Is Spearfishing Legal in Maine?
The Maine Department of Marine Resources (DMR) confirms that spearfishing is allowed in Maine, but there are regulations for certain species. The short answer is yes — with important conditions attached.
Saltwater spearfishing in Maine’s territorial waters is a permitted recreational activity, and in recent years the Maine DMR has been getting increased questions about recreational spearfishing in Maine’s territorial waters, which is why the agency published a dedicated FAQ to address common concerns.
Freshwater is an entirely different story, and the divide between the two environments is one of the most critical distinctions in Maine fishing law. If you’re also curious about other outdoor activity regulations in the Pine Tree State, the hunting laws in Maine guide covers related rules you should know.
Pro Tip: Always verify current regulations directly with the Maine DMR or your local Marine Patrol Officer before each trip. Species rules and closed areas are subject to change without advance notice.
Freshwater vs. Saltwater Spearfishing Rules in Maine
The legal line between freshwater and saltwater spearfishing in Maine is stark. Under Maine’s general provisions, it is unlawful to fish with fish spawn, grapnel, spear, spear gun, trawl, weir, gaff, seine, gill net, trap or set lines or electronic, sonic or battery powered devices in inland waters. This effectively bans spearfishing in all of Maine’s freshwater lakes, ponds, rivers, and streams.
Except as otherwise specifically provided, it is unlawful to fish other than by the use of the single baited hook and line, artificial flies, artificial lures, and spinners in inland waters. Spears and spearguns are not on that permitted list, so freshwater spearfishing carries no legal pathway for recreational divers.
In saltwater, the rules flip. Maine permits spearfishing in its tidal and coastal marine waters, subject to species-specific restrictions and gear rules. If fishing in the tidal portion of rivers, DMR Regulations Chapter 55 lists gear restrictions and closed areas by body of water for your reference. Tidal river sections sit in a gray zone — they are governed by DMR saltwater rules rather than inland freshwater law, but specific closures may still apply.
| Water Type | Spearfishing Permitted? | Governing Agency |
|---|---|---|
| Freshwater (lakes, ponds, rivers) | No — prohibited by general law | Maine IF&W |
| Saltwater (coastal/tidal waters) | Yes — with species and gear restrictions | Maine DMR |
| Tidal portions of rivers | Subject to DMR Chapter 55 closures | Maine DMR |
If you want to compare how neighboring states handle this split, see the spearfishing laws in Virginia and spearfishing laws in Pennsylvania for a regional perspective.
License and Permit Requirements for Spearfishing in Maine
You need the right credentials before entering the water with a speargun. A person is required to register with the state of Maine annually in order to engage in recreational saltwater fishing. Proof of being registered or documentation of exemption from the registry requirement must be carried at all times while recreational saltwater fishing or transporting caught fish.
All residents and non-residents age 16 and older need a Maine fishing license to fish in freshwater or saltwater. Licenses apply whether you’re fishing from shore, a dock, or a boat. Since spearfishing is a method of taking fish, this requirement applies to spearfishers just as it does to rod-and-reel anglers.
Several exemptions remove the saltwater registry requirement. You are exempt if you are under 16 years of age, hold a valid Maine freshwater fishing license (not a Lifetime License), hold a valid ME DMR Commercial fishing license, are a Maine resident and are recreational saltwater fishing only on Memorial Day weekend, July 4th, or Labor Day weekend, are a member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs, or are fishing as a passenger on a for-hire vessel captained by an individual who possesses a valid For-Hire Charter Boat Operator’s License.
If your Maine freshwater fishing license is a Lifetime License, then you are not covered by that license for saltwater recreational fishing in Maine. You will need to check to see if you qualify for any of the other exemptions, and if you do not, then you are required to annually register for recreational saltwater fishing.
Registration is affordable. You can register online for $1 through the Maine DMR LEEDS licensing system, by mail for $1, in-person at the ME Department of Marine Resources’ Licensing office in Augusta, or in-person at any ME Department of Inland Fisheries & Wildlife appointed license agent for $2.
Key Insight: Buying a standard freshwater fishing license automatically covers you for saltwater recreational fishing — including spearfishing — for the remainder of the calendar year, as long as you answer the required survey question on your freshwater license application. You do not need to register separately for saltwater.
Legal Species and Prohibited Species for Spearfishing in Maine
Not every fish in Maine’s coastal waters is fair game. The DMR draws a clear line between species you may spear and species that are completely off-limits, and knowing this list is non-negotiable before you dive.
Species you are allowed to spearfish for include winter flounder, summer flounder, cunner, tautog, haddock, Atlantic cod, pollock, bluefish, and Atlantic menhaden. Note that size, bag limits, and other restrictions may apply — check the species regulations section or printable regulation sheets.
Species you are not allowed to spearfish for include striped bass, black sea bass, Atlantic halibut, Atlantic sturgeon, shortnose sturgeon, Atlantic salmon, American shad, and American lobster. Several of these — particularly Atlantic sturgeon (Acipenser oxyrinchus), shortnose sturgeon (Acipenser brevirostrum), and Atlantic salmon (Salmo salar) — carry federal protections under the Endangered Species Act in addition to Maine’s state rules.
The taking of certain species, such as Atlantic salmon and sturgeon, is strictly prohibited, reflecting the state’s efforts to protect these endangered species. Targeting a prohibited species — even accidentally — can result in serious penalties, so identify your target before you shoot.
| Legal to Spearfish | Prohibited — Do Not Spear |
|---|---|
| Winter flounder | Striped bass |
| Summer flounder | Black sea bass |
| Cunner | Atlantic halibut |
| Tautog | Atlantic sturgeon |
| Haddock | Shortnose sturgeon |
| Atlantic cod | Atlantic salmon |
| Pollock | American shad |
| Bluefish | American lobster |
| Atlantic menhaden | Atlantic wolffish |
These regulations are subject to change. Check with your local Marine Patrol Officer if you have any additional questions. For a comparison of how species lists work in other states, see the spearfishing laws in Florida and spearfishing laws in Michigan.
Gear Restrictions for Spearfishing in Maine
Maine does not publish an exhaustive standalone spearfishing gear code the way some states do, but several rules govern what equipment you can and cannot use when taking fish underwater in saltwater.
Spearguns and pole spears are the standard tools of the trade for saltwater spearfishing and are not prohibited under DMR regulations for legal target species. However, it is unlawful to fish with a spear or spear gun in inland waters, so any speargun use is restricted entirely to saltwater and tidal zones.
SCUBA-assisted spearfishing sits in a legal gray area in many states, but Maine’s DMR does not specifically prohibit the use of SCUBA for saltwater spearfishing. Freediving and breath-hold diving with a speargun are both practiced in Maine’s coastal waters. That said, you should confirm current SCUBA spearfishing status with the DMR directly, as rules can be updated.
- Spearguns: Permitted in saltwater for legal species
- Pole spears and Hawaiian slings: Not specifically prohibited in saltwater
- Spears and spearguns in freshwater: Prohibited under Maine general fishing law
- Electronic or powered spearing devices: Prohibited in inland waters
- Selling your catch: The sale of fish by recreational anglers is prohibited.
All minimum lengths are total length, NOT fork length. When measuring fish taken by spear against size limits, always use total length from the tip of the snout to the tip of the tail — not fork length.
Important Note: Maine law prohibits altering the length of certain fish species after harvest. It is unlawful to alter the length of landlocked salmon, trout, togue, lake whitefish, and bass unless the fish are being prepared for immediate cooking. It is also unlawful to possess or transport fish dressed in such a manner that the species cannot be identified. Keep your catch intact and identifiable until you reach your destination.
Off-Limits Areas and No-Spearfishing Zones in Maine
The Maine DMR outlines specific zones where spearfishing is permitted and areas where it is restricted or entirely prohibited. These regulations are in place to protect sensitive habitats and species. Understanding which waters are closed is just as important as knowing which species are legal.
Several categories of water are automatically off-limits or subject to special restrictions:
- Near dams with fishways: The area within 150 feet of any dam in which a fishway is located is closed to fishing. This applies to spearfishing as a method of take.
- Tidal river sections: If fishing in the tidal portion of rivers, DMR Regulations Chapter 55 lists gear restrictions and closed areas by body of water for your reference. Some tidal stretches have specific closures that override general saltwater permissions.
- All freshwater bodies: Lakes, ponds, rivers, and streams are closed to spearfishing statewide under general inland fishing law.
- Federally managed areas: National Marine Sanctuaries and other federal zones may carry additional restrictions beyond state law.
- Shellfish closure areas: Areas closed to shellfishing due to contamination are designated by the DMR and may overlap with diving areas. Check before entering the water in coastal coves and estuaries.
Complete, current laws and regulations for DMR-regulated recreational species can be found in the DMR Laws & Regulations section of the DMR website. Proposed rulemaking, newly adopted regulations, and emergency regulations can also be found there. Always check the DMR’s online portal before a trip, as closures can be issued on short notice.
Maine also manages tribal waters with distinct authority. The term “MITSC waters” means all waters within Passamaquoddy and/or Penobscot Territory that are above the rise and fall of the tide and are subject to regulation by the Maine Indian Tribal-State Commission. Do not spearfish in MITSC waters without confirming the applicable rules with the Commission.
Bag Limits and Size Limits for Spearfishing in Maine
Bag limits and size limits for spearfishing mirror the standard recreational harvest rules for each species. Spearfishers must be aware of size and bag limits for each species, which are regulated to prevent overfishing and to promote healthy fish populations. The same daily possession limits that apply to rod-and-reel anglers apply to you when you’re spearfishing.
Based on the Maine DMR’s 2025 saltwater recreational fishing regulations, here are key limits for species commonly targeted by spearfishers:
| Species | Minimum Size | Bag Limit (per angler/day) | Notes |
|---|---|---|---|
| Atlantic cod | See current DMR sheet | See current DMR sheet | Groundfish; federal quota may apply |
| Haddock | 13 inches (total length) | 10 fish per day | Per 2025 DMR groundfish regulations |
| Pollock | No minimum size | 3 fish per day | Per 2025 DMR regulations |
| Bluefish | See current DMR sheet | See current DMR sheet | Federally managed; limits change annually |
| Winter/Summer flounder | See current DMR sheet | See current DMR sheet | Check DMR printable regulation sheets |
| Tautog | See current DMR sheet | See current DMR sheet | Seasonal restrictions may apply |
All minimum lengths are total length, NOT fork length. Measure every fish before keeping it. Size limits ensure juvenile fish reach maturity before capture, while bag limits regulate daily harvest.
Pro Tip: Groundfish regulations — covering cod, haddock, and pollock — are updated frequently due to federal stock assessments. The DMR posts updated groundfish regulation sheets on its website. Always download the current version before your dive, not the one from last season.
It is unlawful to fish for or possess fish in violation of the number, amount, or size limits of any rule adopted by the Commissioner (Title 12, §12602). This statute applies to all methods of take, including spearfishing. You are responsible for knowing the current limits before you enter the water.
For a side-by-side look at how bag limits compare in neighboring states, check the spearfishing laws in Ohio and spearfishing laws in Indiana.
Penalties for Spearfishing Violations in Maine
Maine takes fishing violations seriously, and spearfishing infractions are no exception. Penalties range from civil fines to license revocation and criminal charges depending on the nature and severity of the offense.
It is unlawful to fish for or possess fish in violation of the number, amount, or size limits of any rule adopted by the Commissioner (Title 12, §12602). Violations of bag or size limits — whether from a rod or a speargun — expose you to the same enforcement consequences.
For general fishing violations, Maine law sets escalating fines. Convicted violators face fines up to $500 for the first offense and up to $2,000 for subsequent offenses (Title 17, §2264-A). Violations involving prohibited species, closed areas, or operating without a license can carry higher penalties and potential court appearances.
Specific consequences you may face include:
- Unlicensed spearfishing: Fishing without a required license or registry is a civil violation subject to fines under Maine Title 12.
- Targeting prohibited species: Taking striped bass, Atlantic sturgeon, Atlantic salmon, or other protected species by spear can trigger both state and federal penalties, including potential prosecution under the Endangered Species Act.
- Exceeding bag or size limits: Civil fines apply, and officers may seize the fish and your equipment.
- Spearfishing in closed freshwater areas: Using a spear or speargun in inland waters is a violation of Maine’s general fishing law and can result in gear confiscation.
- Selling your catch: The sale of fish by recreational anglers is prohibited. Selling spearfished catch as a recreational angler is illegal and subject to separate penalties.
Enforcement of spearfishing regulations in Maine is overseen by the Maine Department of Marine Resources and local law enforcement authorities. These entities work collaboratively to monitor fishing activities, conduct inspections, and educate the public about the importance of compliance.
The IFW provides resources for reporting violations and guidance on how to appeal penalties or seek exemptions in certain circumstances. If you witness a violation, you can report it through Maine’s Operation Game Thief hotline or by contacting your local Marine Patrol Officer directly.
Maine’s other outdoor regulations follow a similar enforcement philosophy. If you want to understand how the state approaches compliance in related areas, the guides on dog leash laws in Maine and pet vaccination laws in Maine show how Maine balances public access with regulatory responsibility.
The bottom line: Maine regulates fishing through a combination of state statutes, IFW rules, and regional decisions that balance conservation with recreational access. Anglers must comply with license requirements, season dates, catch limits, and gear specifications. Spearfishing is no different. Know the rules, carry your registration, target only legal species, and check for closures before every dive. For additional reading on how spearfishing rules vary across the region, see the spearfishing laws in Minnesota guide.