Spearfishing Laws in Maryland: What You Need to Know Before You Dive
July 31, 2026
Maryland offers a surprising range of underwater opportunities for spearfishers, from the Atlantic Ocean off Ocean City to the tidal reaches of the Chesapeake Bay. But before you strap on a wetsuit and load a spear gun, you need to understand exactly where the state draws the line between legal and illegal take.
Spearfishing in Maryland sits in a regulated but accessible space — certain waters are open, specific species are fair game, and the right license is required. Get any of those three things wrong, and you are looking at fines, license suspension, or worse. This guide walks you through every layer of the rules so you can dive with confidence.
Important Note: The Maryland Department of Natural Resources publishes regulation summaries, but the printed Code of Maryland Regulations (COMAR) is the official, enforceable text. Always verify current rules directly with the DNR before heading out.
Is Spearfishing Legal in Maryland?
Yes, spearfishing is legal in Maryland — but only under specific conditions. It is a busy season for bowfishing and similar activities, and the Maryland DNR makes clear that before you head out with bows, gigs, spears, or spear guns, you need to know the rules. The state permits the use of spear guns and related gear for taking certain fish species, primarily in tidal (saltwater) waters.
Maryland does not issue a standalone “spearfishing license.” Instead, spearfishing falls under the broader recreational fishing framework managed by the Maryland Department of Natural Resources (DNR). The Maryland DNR manages fishing licenses and regulations, and the primary distinction it draws is between tidal (saltwater) and non-tidal (freshwater) licenses. Your legal obligation depends entirely on which type of water you are diving in.
The key takeaway: spearfishing is permitted in Maryland’s tidal and coastal waters with a valid license, but it comes with hard restrictions on species, gear, and location. Freshwater spearfishing faces far tighter limits, as detailed in the next section.
Freshwater vs. Saltwater Spearfishing Rules in Maryland
The distinction between freshwater and saltwater spearfishing in Maryland is significant, and it is one of the most misunderstood aspects of the state’s fishing rules. The two environments operate under different regulatory frameworks, and the gear and species rules differ accordingly.
Saltwater (Tidal Waters)
Spearfishing is most commonly practiced — and most broadly permitted — in Maryland’s tidal and coastal waters. This includes the Atlantic Ocean off Ocean City, the coastal bays, and the tidal portions of the Chesapeake Bay and its tributaries. These licenses are required for fishing in the Chesapeake Bay, its tributaries, the Atlantic coast, and coastal bays. Spear guns are a recognized fishing method in these waters, subject to species and gear restrictions covered below.
Freshwater (Non-Tidal Waters)
Freshwater spearfishing in Maryland is far more restricted. It is illegal for a person to catch or attempt to catch fish other than by hook and line, with line held in hand, attached to a pole or rod held in hand, or attended in a manner that the fish voluntarily takes bait or lure in its mouth — a rule that applies broadly in non-tidal waters and effectively prohibits most spearfishing methods in freshwater lakes, rivers, and streams.
Bowfishing with archery equipment has a separate framework and may be permitted for certain rough fish in some non-tidal areas, but a traditional spear gun is not a recognized legal method in Maryland’s freshwater fisheries. Maryland’s public bowfishing information, as reflected in its regulation summaries and eRegulations page, lists equipment such as compound bow, recurve bow, crossbow, and 3-pronged gig. Spear guns are not included in that freshwater equipment list.
Pro Tip: If you plan to target fish in non-tidal waters using any piercing device, contact the Maryland DNR directly at 410-260-8300 to confirm whether your specific method is permitted in your target water body before you go.
License and Permit Requirements for Spearfishing in Maryland
You need a valid Maryland recreational fishing license to spearfish legally. The type of license depends on where you are diving and whether you are a state resident.
Tidal (Saltwater) License
These licenses are required for fishing in the Chesapeake Bay, its tributaries, the Atlantic coast, and coastal bays. As of early 2025, the resident Chesapeake Bay and Coastal Sport Fishing License costs $15, the non-resident version costs $22.50, and short-term options include a resident 7-day license for $6 and a non-resident 7-day license for $12. Note that legislation has been proposed to increase these fees — as of early 2025, Maryland lawmakers were considering House Bill 40, which proposes significant increases to fishing license fees. Check the Maryland DNR licensing page for current fee schedules before purchasing.
Non-Tidal (Freshwater) License
If you are pursuing any permitted freshwater bowfishing or spearing activities, a separate non-tidal fishing license is required. The primary distinction is between tidal (saltwater) and non-tidal (freshwater) licenses. A trout stamp is also required on top of the non-tidal license if your activity involves trout waters. A trout stamp is required for anyone 16 years of age or older to catch, attempt to catch, or possess trout in nontidal waters.
Who Is Exempt
Individuals under the age of 16 are not required to obtain a license to go fishing recreationally. A Maryland resident on active duty with the Armed Forces and on leave with official orders is also exempt. In 2026, anyone may fish without a recreational fishing license on June 6, June 13, and July 4 — though all other fishing regulations still apply on those days.
Saltwater Angler Registration
Saltwater anglers who are not required to hold a Maryland Bay and Coastal Sport Fishing license and want to fish the Chesapeake Bay and tidal Potomac River must obtain a free Maryland Saltwater Angler Registration. By registering with Maryland, you will not need to register separately with NOAA. This free registration applies to certain exempt anglers — confirm your status on the Maryland DNR eRegulations page.
Legal Species and Prohibited Species for Spearfishing in Maryland
Not every fish you see underwater is fair game. Maryland draws a clear line between species you can legally spear and those that are off-limits entirely — and the most important prohibition involves one of the state’s most iconic fish.
Prohibited Species
Striped bass — known locally as rockfish — cannot be taken by spear at any time. Rockfish are always off limits to spearfishing in Maryland. This aligns with the state’s broader conservation effort for a species that has faced documented population declines. State officials say there is still uncertainty around future spawning potential after recent population declines documented in juvenile surveys.
Beyond striped bass, any species that is subject to a closed season under Maryland’s general fishing regulations is also off-limits during those closed periods. This includes spawning closures and seasonal restrictions on species like yellow perch. The yellow perch catch limit in all tidal waters and nontidal rivers and streams has been decreased to 5 per person per day — and that limit applies regardless of the method used to take the fish.
Legal Target Species
The species most commonly targeted by spearfishers in Maryland’s tidal and coastal waters include:
- Carp and other rough fish (open year-round in most areas)
- Rays (open year-round in most areas)
- Game fish such as flounder, sheepshead, and black sea bass (open from June 1 in tidal waters)
- Non-game “rough fish” including gar and bowfin in permitted areas
Most rough fish such as carp and rays are open year-round, while game fish are open from June 1. All standard size and creel limits apply to spearfished species just as they do to rod-and-reel anglers. You must obey creel and size limits regardless of the method used to take the fish.
Important Note: Marine mammals and sea turtles are federally protected under the Marine Mammal Protection Act and the Endangered Species Act. Taking, harassing, or approaching these animals while spearfishing is a federal offense with severe penalties, entirely separate from Maryland state law.
Gear Restrictions for Spearfishing in Maryland
Maryland regulates not just where and what you can spear, but also the equipment you can use. Understanding the gear rules prevents you from unknowingly violating the law even when targeting a legal species in a legal location.
Permitted Spearfishing Equipment
In tidal waters, spear guns are a recognized and legal fishing method. Maryland’s public bowfishing information lists equipment such as compound bow, recurve bow, crossbow, and 3-pronged gig for bowfishing applications. Pneumatic and band-powered spear guns used while freediving or scuba diving in saltwater are generally permitted for legal species.
Restricted and Prohibited Equipment
Several gear types are explicitly prohibited under Maryland fishing law regardless of the method of take:
- Spear guns may not be used to take striped bass under any circumstances
- Spearing snapping turtles is illegal — it is illegal for a person to catch snapping turtles from nontidal waters of the state by spear, gig, or iron or any device capable of piercing any part of the turtle
- Spear guns are not included in the list of legal freshwater fishing methods in non-tidal waters
Air-powered bowfishing equipment, including PCP arrow-launching systems and air archery platforms, may not be specifically addressed or permitted under the laws and regulations of every state. Regulations involving spearing, airguns, arrows, fishing methods, and air-powered equipment may vary significantly and may change over time. If you use a non-standard spearing device, contact the DNR before using it.
General Gear Prohibitions That Apply to All Anglers
It is illegal to use waders or boots soled with felt or any natural or synthetic porous material capable of absorbing liquid in Maryland’s waters — a rule designed to prevent the spread of invasive aquatic species. This applies to spearfishers entering the water from shore. The use of Sabiki rigs or mackerel trees is prohibited in Maryland, though this is more relevant to surface anglers than divers.
Off-Limits Areas and No-Spearfishing Zones in Maryland
Even when you have the right license and the right gear, certain locations in Maryland are closed to spearfishing. Knowing these zones before you enter the water is non-negotiable.
Striped Bass Spawning Closures
Specific areas of the Chesapeake Bay and its tributaries are closed during striped bass spawning periods. For the 2025 season, targeting of striped bass was prohibited from April 1 to May 15 and July 16 to July 31, with specific tributaries used for spawning also closed in March and through the end of May. Since striped bass are off-limits to spearfishing at all times, these closures reinforce that prohibition — but they also restrict general access and activity in sensitive areas.
Conowingo Dam Restricted Zone
It is illegal to operate a boat within the area 400 yards below or 400 yards above the Conowingo Dam. This buffer zone effectively restricts in-water activities including diving in that area.
State-Controlled Lakes and Swimming Areas
It is illegal to swim in any State-controlled lake except in designated areas. Since spearfishing requires entering the water, this rule directly applies — you cannot spearfish in a State-controlled lake outside of areas designated for water entry.
Local Ordinances
Towns such as Ocean City may have special fishing ordinances. Be sure to check local jurisdictions’ websites for restrictions. Before diving in any specific coastal or bay location, confirm that no local municipality has imposed additional restrictions beyond state law. You can also compare regulations in neighboring states by reviewing spearfishing laws in Virginia and spearfishing laws in New Jersey.
Bag Limits and Size Limits for Spearfishing in Maryland
All bag (creel) limits and size limits that apply to rod-and-reel fishing apply equally to spearfishing. There is no separate or more lenient limit for spearfishers — the rules are the same regardless of how the fish was taken.
Key Saltwater Species Limits
| Species | Daily Bag Limit | Minimum Size | Notes |
|---|---|---|---|
| Striped Bass (Rockfish) | 0 (prohibited) | N/A | Off-limits to spearfishing at all times |
| Summer Flounder | 4 fish/day | 16″ (Jan–Apr); 17″ (May–Dec) | Check current season dates |
| Yellow Perch | 5 fish/day | Check DNR regulations | Reduced limit as of 2026 |
| Largemouth / Smallmouth Bass | 5 fish/day | 15″ (Mar 1–Jun 15); 12″ rest of year | Non-tidal waters only where spearing permitted |
| Carp / Rough Fish | No statewide limit | No minimum | Open year-round in most areas |
To promote sustainable fishing, Maryland DNR sets minimum size limits and daily creel limits for many game fish species. Key limits include: summer flounder at 4 fish per day with a 16″ minimum from January through April and 17″ minimum from May through December; largemouth and smallmouth bass at 5 fish per day with a 15″ minimum from March 1 through June 15 and a 12″ minimum for the rest of the year.
The yellow perch catch limit in all tidal waters and nontidal rivers and streams has been decreased to 5 per person per day — a change that reflects ongoing conservation management. Striped bass must be landed whole — it is illegal to have striped bass cut up or filleted aboard any boat on the tidal waters of Maryland at any time. This rule applies to any striped bass incidentally encountered, though you may not target or take them by spear.
Pro Tip: Size limits apply to the fish at the moment of take. If you spear a fish that is undersized, you have already committed a violation — you cannot release it and claim no harm. Develop good visual size estimation skills before diving.
For comparison with how neighboring states handle these limits, see spearfishing laws in Pennsylvania and spearfishing laws in Ohio.
Penalties for Spearfishing Violations in Maryland
Maryland takes fishing violations seriously, and penalties scale with the severity of the offense. Spearfishing violations fall under the same penalty framework as all recreational fishing violations in the state.
License Suspension
The department may suspend an individual’s fishing license or privilege if that individual is convicted of, or pays a fine for, violating certain fishing rules. A full copy of suspendable fishing violations can be found in the Code of Maryland Regulations 08.02.13.05. Individuals who are suspended for violating fishing rules in Maryland may also be suspended in other states under the Interstate Wildlife Violator Compact. This means a Maryland spearfishing violation can cost you your fishing privileges across multiple states.
Fines for Striped Bass Violations
Because striped bass are explicitly off-limits to spearfishing, any take of rockfish by spear carries the full weight of Maryland’s striped bass penalty structure. For a first violation of striped bass creel or taking limits, the fine does not exceed $1,500 per fish. For a second violation within a 2-year period, the fine does not exceed $2,500 per fish, plus revocation of the fishing license for 1 to 2 years. A third violation within a 4-year period carries a fine up to $2,500 per fish and license revocation for 2 to 5 years.
Restitution for Resource Damage
If a person is convicted of violating any provision of the Natural Resources title and the violation causes or results in the injury, death, or destruction of any fish, including a protected species, the Secretary may order the person to pay restitution to the Department for the resource value of the fish. This restitution is on top of any criminal fine and can add up quickly for violations involving multiple fish.
General Violation Fines
Standard recreational fishing violations — such as exceeding bag limits, taking undersized fish, or spearfishing in a prohibited zone — carry fines under Maryland’s Natural Resources Article. The Code of Maryland Regulations (COMAR) and the Natural Resources Article of the Annotated Code of Maryland contain the full legal text governing these penalties. Consulting an attorney familiar with Maryland natural resources law is advisable if you face a serious charge.
Understanding how Maryland compares to the broader region can help you stay compliant across state lines. Review the rules in Michigan, Indiana, Minnesota, Florida, and Texas if you dive in multiple states throughout the year.
Maryland’s other animal and wildlife laws are equally worth knowing if you spend time outdoors in the state. You can explore related topics such as leash laws in Maryland, feral cat laws in Maryland, and beekeeping laws in Maryland for a fuller picture of the state’s wildlife regulations.
Key Takeaway: Spearfishing is legal in Maryland’s tidal and coastal waters with a valid license, but striped bass are always off-limits, freshwater spearing is heavily restricted, and violations carry fines up to $2,500 per fish plus potential multi-state license suspension. When in doubt, contact the Maryland DNR Fishing and Boating Services at 410-260-8300 before you dive.