Spearfishing Laws in Massachusetts: What You Need to Know Before You Dive
July 4, 2026
Spearfishing in Massachusetts is legal — but only if you follow a detailed set of rules that cover everything from which species you can target to the exact permit you must carry underwater. Get any of those details wrong, and you could be looking at fines starting at $400 per violation, equipment seizure, or a suspended license.
The Commonwealth splits its fisheries management between two agencies: the Massachusetts Division of Marine Fisheries (DMF) handles saltwater, while MassWildlife oversees freshwater. Both sets of rules apply to spearfishers, so understanding which agency governs your dive location is the first step to staying legal.
This guide walks you through every layer of Massachusetts spearfishing law — from licenses and legal species to gear rules, no-go zones, and the penalties that come with violations.
Is Spearfishing Legal in Massachusetts?
Yes, spearfishing is legal in Massachusetts. The state treats spearfishing as a form of recreational fishing, which means you are subject to the same regulatory framework as any other angler. There is no blanket prohibition on the activity, but the rules that govern it are specific and non-negotiable.
Spearfishing is defined as the taking of fish by use of a speargun. When spearfishing, you must comply with all recreational fishing regulations regarding size, seasons, and bag limits on the species. That means the same slot limits, seasonal windows, and daily bag caps that apply to rod-and-reel anglers apply equally to you with a speargun.
All spearfishers are subject to the same permitting requirements under 322 CMR 7.01 and 322 CMR 7.10 and fishing regulations 322 CMR 3.00, 6.00, and 8.00 as any other fisherman. Knowing those code sections matters if you ever need to verify a specific rule or dispute an enforcement action.
Pro Tip: Always check the DMF’s official regulations page before each dive — regulations are updated throughout the year and the page was last revised as of April 28, 2026.
Freshwater vs. Saltwater Spearfishing Rules in Massachusetts
Massachusetts draws a hard line between freshwater and saltwater fishing, and spearfishing is no exception. The state requires a freshwater fishing license through MassWildlife and a separate saltwater fishing permit through DMF — no single license covers both.
Freshwater regulations in Massachusetts are managed by the Division of Fisheries and Wildlife and focus heavily on protecting stocked trout, native fish, and popular sportfish like largemouth bass. Spearfishing in freshwater is extremely restricted. MassWildlife’s regulations do not recognize spearfishing as a permitted freshwater harvest method for most species, and the agency’s gear rules effectively prohibit it for nearly all inland game fish.
Saltwater is where Massachusetts spearfishing actually happens in practice. With over 1,500 miles of coastline, there is plenty of opportunity to fish in Massachusetts. The DMF governs all marine waters, and its regulations explicitly address spearfishing — including which species are off-limits and what permits you must carry.
| Water Type | Governing Agency | Spearfishing Status | License Required |
|---|---|---|---|
| Saltwater (coastal/marine) | Division of Marine Fisheries (DMF) | Legal with restrictions | Recreational Saltwater Fishing Permit |
| Freshwater (inland lakes, rivers, ponds) | MassWildlife | Effectively prohibited for most species | Freshwater Fishing License |
If you plan to dive in estuaries or tidal rivers where salt and fresh water mix, DMF jurisdiction typically applies. When in doubt, contact the DMF directly at (617) 626-1520 to confirm which rules govern your specific location.
License and Permit Requirements for Spearfishing in Massachusetts
Every angler 16 and older must carry a valid Massachusetts recreational saltwater fishing permit while fishing from shore, a pier, a bridge, or a private boat in state waters. This requirement applies to spearfishers without exception — you must have the permit on your person (or a legible digital copy) during the dive.
Saltwater permits cost around $10 for anglers between the ages of 16 and 59. People who are 60 and older can get their saltwater permit for free. If you’re under 16 and fishing in saltwater, you don’t need a license. You can purchase the permit online through Mass.gov or at any licensed agent location.
One practical benefit of the Massachusetts saltwater permit: along with your Massachusetts saltwater fishing license, you can also fish in New Hampshire, Rhode Island, and Connecticut; if you hold a saltwater fishing license issued in any of those states, you don’t have to get a Massachusetts one.
For freshwater, anglers ages 15 years or older need a license to fish, and fishing licenses are free for anglers ages 15–17 and for anglers ages 70 and older. You can purchase a freshwater license through MassFishHunt online or at MassWildlife offices and select retail locations.
Important Note: There is no boat-wide permit for private vessels. Each person on board needs their own individual permit. Sharing one permit among multiple divers is a violation.
If you plan to freedive for lobster in addition to spearfishing, note that you’ll need to purchase a lobster permit, which is separate from your saltwater fishing license and costs $55.00 if you’re a resident. Lobster cannot be taken by speargun — but a separate freediving lobster permit allows hand-capture during the open season.
Spearfishers in other states may also want to compare rules — check out the spearfishing laws in New Jersey and spearfishing laws in Virginia for neighboring state comparisons.
Legal Species and Prohibited Species for Spearfishing in Massachusetts
Not every fish in Massachusetts waters is fair game for a speargun. The DMF maintains a short but firm list of species you cannot take by spearfishing, regardless of season or size.
You are not allowed to catch striped bass or lobster by spearfishing. Striped bass (Morone saxatilis) is the most high-profile prohibition. Taking striped bass by spearfishing is illegal in Massachusetts; striped bass may only be taken by hook and line under M.G.L. c. 130 s. 100B. This ban extends beyond state borders: it is illegal to possess any of these fish in Massachusetts if they have been speared — meaning if you spear one in Rhode Island or New Hampshire, it cannot be brought into Massachusetts.
Smelt and shad are also off-limits. Catching smelt under M.G.L. c. 130 s. 35, shad under M.G.L. c. 130 s. 100C, and striped bass under M.G.L. c. 130 s. 100B with a spear is illegal. Federal laws and regulations also prohibit the taking of certain billfish by means other than hook and line.
Popular spearfishing species in Massachusetts waters include tautog and black sea bass. Tautog (Tautoga onitis) inhabit rocky coastal structures and are well-suited to spearfishing because they hold near structure and are accessible to divers. Tautog are a great species for beginner spearfishers and experienced divers alike; they inhabit shallow rocky coastlines in Massachusetts during warmer months, making them an excellent target while shore diving.
Other commonly targeted legal species include:
- Black sea bass (Centropristis striata) — a challenging but popular target near rocky bottom structure
- Scup (porgy) — unregulated by size for spearfishing in most conditions
- Fluke (summer flounder) — camouflaged on sandy bottoms, legal during the open season
- Winter flounder — found on the seafloor, open year-round in many areas
- Pollock — open year-round with no size limit and no possession limit
- Cunner — a non-regulated species in Massachusetts
For federally managed species like groundfish, please visit NOAA Fisheries for the applicable federal regulations, as state rules do not override federal limits once you cross into federal waters.
Gear Restrictions for Spearfishing in Massachusetts
Massachusetts law defines spearfishing specifically as the use of a speargun. Pole spears — handheld devices propelled by rubber bands or elastic tubing without a trigger mechanism — are also widely used and are not prohibited under state law, but you should confirm any local ordinances before diving in a specific municipality.
The Massachusetts Division of Marine Fisheries sets species-specific seasons, slot limits, gear restrictions, and handling requirements that change from year to year based on stock assessments. While the DMF does not publish an exhaustive list of prohibited spearfishing gear configurations, several overarching rules apply to all spearfishers:
- Scuba gear is permitted for spearfishing in Massachusetts — there is no freedive-only requirement in state law
- Spearguns may be used in saltwater; using them in inland freshwater for game fish is not a recognized legal harvest method
- Powerheads (explosive-tipped devices) are not addressed in state regulations but may be subject to federal restrictions depending on the species targeted
- Any fish taken by spear must still comply with size and bag limits — a speared fish counts toward your daily possession limit just as a rod-caught fish would
Pro Tip: Carry a measuring tool on every dive. Environmental Police Officers can cite you for possessing an undersized fish at the boat ramp or fillet table — not just in the water. Possession of an illegal fish is itself a violation.
For species like black sea bass, fish are measured from the tip of the snout to the farthest extremity of the tail with the mouth closed, not including the tail filament; black sea bass may be filleted but not skinned while at-sea, and no more than two fillets per allowed fish may be possessed. These handling rules apply whether the fish was caught by hook or spear.
Curious how Massachusetts gear rules compare to neighboring states? See the spearfishing laws in Pennsylvania and spearfishing laws in Michigan for a broader regional picture.
Off-Limits Areas and No-Spearfishing Zones in Massachusetts
Even where spearfishing is otherwise legal, certain locations in Massachusetts restrict or prohibit the activity entirely. You need to know these boundaries before entering the water.
Since the 1800s, the use of otter trawls and seining has been prohibited in Buzzards Bay, with these limits defined in DMF regulations under 322 CMR 4.00. While spearfishing is not a trawl or seine, Buzzards Bay has additional gear restrictions that spearfishers should review before diving there.
The following categories of areas are generally off-limits or heavily restricted for spearfishing:
- State and municipal swimming beaches — local ordinances in cities like Boston, Plymouth, and Gloucester routinely prohibit spearfishing within designated swim areas
- Marine sanctuaries and protected areas — portions of Stellwagen Bank National Marine Sanctuary fall under federal jurisdiction; always check NOAA rules before diving in sanctuary waters
- Shellfish management areas — many coastal towns in Massachusetts have control over local shellfisheries, including permitting and regulations; town-level rules can restrict all fishing activity, including spearfishing, in shellfish beds
- Groundfish closure areas — fishing for groundfish or with gear capable of catching groundfish in state waters is subject to various spatial and temporal closures, gear closures, and spawning closures under 322 CMR 4.04, 4.06, 6.03, 8.00, and 12.00
- The Cape Cod Canal — the Cape Cod Canal is closed to commercial striped bass fishing, and recreational spearfishing restrictions in the canal area should be confirmed with DMF before diving
Detailed maps delineating spatial restrictions are typically available on the Division of Marine Fisheries website, within published regulatory guides, and through interactive online resources; these maps specify areas closed to fishing or subject to gear limitations.
Always check with the local harbormaster or town shellfish warden before diving in coastal town waters — municipal rules can be stricter than state law and are not always published in the DMF’s statewide guide.
Bag Limits and Size Limits for Spearfishing in Massachusetts
Massachusetts adjusts its recreational seasons, size limits, and bag limits annually based on coastwide stock assessments coordinated with the Atlantic States Marine Fisheries Commission (ASMFC) and NOAA Fisheries. The numbers below reflect DMF regulations as last updated April 28, 2026 — always verify the current-year poster before diving.
| Species | Minimum Size | Bag Limit (per person/day) | Season Notes |
|---|---|---|---|
| Tautog (blackfish) | 16 inches | 3 fish (varies by season) | Seasonal closures apply; check DMF annually |
| Black sea bass | 15 inches | Varies by season; check DMF | Seasonal windows apply |
| Fluke (summer flounder) | 16.5 inches | 5 per person per day (May 21–September 29) | Seasonal window applies |
| Winter flounder | 12 inches | 2 fish per day in Southern New England; 8 per day in the Gulf of Maine | Open year-round |
| Pollock | No minimum | No possession limit | Open year-round |
| Scup (porgy) | 9 inches | Varies; check DMF | Seasonal rules apply |
| Striped bass | PROHIBITED — cannot be taken by spear under any circumstances | ||
For Atlantic bonito and false albacore, DMF adopted a 16-inch minimum size for both species and a 5-fish combined limit; the 16-inch size limit is measured by curve fork length tracing the contour of the body from the tip of the upper jaw to the fork in the tail, and these limits apply only to fish caught and possessed in state waters.
Because limits shift each year, always check the DMF’s current-year recreational fishing poster before heading out. You can also compare bag and size limit approaches in other states — see the spearfishing laws in Florida, spearfishing laws in Ohio, and spearfishing laws in Indiana for additional context.
Penalties for Spearfishing Violations in Massachusetts
Massachusetts enforces its fishing laws seriously, and the penalties for violations are designed to deter — not just inconvenience. Under the general penalty provision for Chapter 130 violations, fines range from $400 to $10,000 per offense, and imprisonment is possible. Each violation is counted separately, so multiple infractions on the same dive can stack quickly.
The fines for keeping an undersized fish, exceeding a bag limit, or fishing out of season fall under the general $400-to-$10,000 range, and Environmental Police officers do not need to catch you in the act — possession of an illegal fish at the boat ramp or fillet table is enough.
Fishing without a recreational saltwater permit carries a separate fine set by the DMF director on a per-offense basis, and equipment used in the violation can be confiscated, with repeat offenders facing permit suspension.
Beyond fines and equipment seizure, serious violations can escalate further:
- Certain violations can result in criminal charges, particularly those involving intentional acts such as fishing in closed areas with intent to harvest protected species or obstructing enforcement officers; criminal charges can lead to imprisonment and a criminal record in addition to fines and license revocation.
- Enforcement of saltwater fishing regulations is primarily conducted by Massachusetts Environmental Police Officers. They patrol coastal waters, boat ramps, and fish cleaning stations.
- Federal violations — such as taking a billfish by spear or failing to report a highly migratory species catch — carry separate federal penalties administered by NOAA enforcement.
Important Note: Ignorance of the law is not a valid defense in Massachusetts fisheries enforcement. If you are unsure whether a species, location, or gear configuration is legal, contact the DMF at (617) 626-1520 before your dive — not after.
Anglers should always check the Massachusetts Division of Marine Fisheries or MassWildlife websites before fishing, as regulations change frequently to protect fish populations and maintain sustainable fisheries. Bookmark the DMF’s recreational saltwater fishing regulations page and check it at the start of each season.
Massachusetts also participates in the Interstate Wildlife Violator Compact under M.G.L. c. 131B, which means a license suspension or revocation in Massachusetts can affect your ability to fish in other member states. If you spearfish across state lines — in Rhode Island, Connecticut, or New Hampshire — a Massachusetts violation could follow you there.
For a broader look at how animal and wildlife laws work across the state, the dog leash laws in Massachusetts and roadkill laws in Massachusetts reflect the same regulatory philosophy: the Commonwealth takes resource and wildlife management seriously, and the penalties are real. Staying informed is always the best strategy before you enter the water.