Spearfishing Laws in South Carolina: What You Need to Know Before You Dive
July 25, 2026
South Carolina’s coastline stretches more than 187 miles along the Atlantic, giving spearfishers access to nearshore reefs, offshore wrecks, and tidal estuaries teeming with fish. But before you load a speargun and slip below the surface, you need to understand exactly where the state draws the line between legal and unlawful.
Spearfishing laws in South Carolina are managed primarily by the South Carolina Department of Natural Resources (SCDNR), with additional federal oversight applying once you move beyond three miles offshore. The rules differ significantly depending on whether you are in saltwater or freshwater, which species you target, and what gear you bring into the water.
This guide breaks down the 2025–2026 regulations — covering legality, licenses, gear, species, restricted zones, bag limits, and penalties — so you can dive with confidence and stay on the right side of the law.
Important Note: The 2025–2026 South Carolina Hunting and Fishing Regulations Guide is effective August 14, 2025, through August 14, 2026. Always verify current rules directly with SCDNR before your trip, as emergency regulations can change after publication.
Is Spearfishing Legal in South Carolina?
Yes, spearfishing is legal in South Carolina — but only under specific conditions. Fishing in South Carolina may be conducted with handheld hook and line gear and spearfishing gear, with powerheads excluded. That single sentence from the SCDNR’s official regulations captures the core rule: spearfishing is a recognized, lawful method, but the type of equipment you use matters enormously.
The legality of spearfishing depends heavily on where you are fishing. Saltwater spearfishing along the coast is broadly permitted for recreational divers targeting finfish, while freshwater spearfishing is far more restricted and applies only to nongame fish in approved waters. You also need to account for federal rules any time you head beyond three miles offshore.
Beyond three miles offshore, federal regulations remain in place and may differ from state regulations. If you plan to target reef species on offshore wrecks, check both SCDNR rules and the relevant federal guidelines published under 50 CFR 622 by NOAA Fisheries before you go.
South Carolina also prohibits the use of explosives and similar devices in or around any state waters. The use of dynamite, gunpowder, lime, or any other explosive in or about any waters of this state is unlawful. Spearfishing with a standard speargun or pole spear is the only underwater harvest method the state sanctions.
Freshwater vs. Saltwater Spearfishing Rules in South Carolina
The distinction between freshwater and saltwater is not just geographic — it determines which license you need, which species you may legally take, and which methods are allowed. The dividing line between saltwater and freshwater on South Carolina’s rivers is defined in state regulations. All waters lying seaward of those dividing lines are considered saltwaters, and all waters lying landward or upstream are considered freshwaters for purposes of licensing and regulating fishing.
Except as otherwise provided, the saltwater/freshwater dividing line is U.S. Highway 17. Several rivers and tidal creeks have specific exceptions to this general rule, so consult the SCDNR Marine Dividing Line map if you are fishing near the coast.
In saltwater, recreational spearfishing for finfish is permitted with a valid Saltwater Recreational Fishing License. In freshwater, the rules are much narrower. With a valid South Carolina fishing license and no additional tags or permits, spears may be used in freshwaters — except in Game Zone 1 and lakes owned or managed by the DNR — to take nongame fish only. This means you cannot spear bass, crappie, trout, or any other designated game fish in freshwater under any circumstances.
Key Insight: Spears used in freshwater are classified as nongame fishing devices. You may only target nongame species, and the prohibition on Game Zone 1 and DNR-managed lakes applies statewide regardless of the species present.
Saltwater spearfishing also carries a notable restriction on flounder gigging. It is unlawful to gig for flounder in salt waters during daylight hours. For the purposes of this section, gigging does not include underwater spearfishing. So while nighttime gigging is restricted separately, spearfishing for flounder underwater during the day is treated differently under the law.
License and Permit Requirements for Spearfishing in South Carolina
The license you need depends on where you are diving. For saltwater spearfishing, a Saltwater Recreational Fishing License is required. For freshwater spearfishing targeting nongame fish, a standard South Carolina freshwater fishing license covers you, provided you stay within the permitted waters and species.
All anglers 16 years and older must possess a valid South Carolina fishing license, unless fishing on designated free fishing days. No fishing license is required for children under 16 in South Carolina. However, minors using spearfishing equipment in any water should be aware that spearfishing equipment requires adult supervision for those under the legal age threshold.
You can purchase your license through several channels. Visit the SCDNR Online Licensing Portal for instant digital licenses, or buy from more than 800 agents, including Walmart, Bass Pro Shops, and county clerk offices. Licenses can also be obtained by calling SCDNR at 1-803-734-3833.
If you plan to spearfish for tuna, billfish, swordfish, or sharks in federal waters, additional permitting applies. A Federal Highly Migratory Species Permit is required when fishing for tuna, billfish, swordfish, and sharks in federal waters. The same federal permit is also required for possession of these species in state waters, with the exception of sharks.
South Carolina also offers special accommodations for certain residents. Disabled residents qualify for free or discounted licenses — mobility-impaired individuals (wheelchair users or those with permanent disabilities) receive free licenses with a doctor’s certification. No license is required when fishing in privately owned ponds or lakes, provided the waterbody is entirely enclosed within the property and does not connect to public waterways.
Legal Species and Prohibited Species for Spearfishing in South Carolina
South Carolina designates several fish as gamefish, which affects how they may be taken and sold. Cobia, red drum, spotted seatrout, striped bass, and tarpon have been declared gamefish, and native-caught fish may not be sold. While spearfishing for these species in saltwater is not categorically banned, their gamefish status means additional size and bag limits apply, and commercial sale is prohibited.
Some species carry outright harvest prohibitions regardless of method. Harvest of red drum from federal waters (three to 200 miles offshore) is prohibited. Red drum — also known as redfish or channel bass (Sciaenops ocellatus) — is one of the most recognizable inshore gamefish along the South Carolina coast, but spearing one in federal waters will result in a violation regardless of size.
Billfish are also off-limits for commercial purposes. The purchase, barter, trade, or sale of billfish — including marlin, sailfish, and spearfish — is unlawful regardless of where taken or landed. Note that “spearfish” here refers to the billfish species (Tetrapturus spp.), not the act of spearfishing.
For freshwater spearfishing, the restriction is absolute: spears may only be used for nongame fish. Game fish such as largemouth bass (Micropterus salmoides), striped bass, crappie, and trout are off-limits to spears in all freshwater environments. Game or nongame fish may not be taken by explosives, electrical devices, poison, or similar means — and spearing game fish would fall outside the lawful methods permitted under South Carolina Code Title 50.
Sea turtles receive full protection under both state and federal law. It is unlawful to sell or offer for sale any sea turtles or to offer for sale, sell, or destroy any sea turtle eggs. If you encounter a sea turtle while diving, do not disturb it. If you hook or entangle a sea turtle while fishing, contact the South Carolina DNR Hotline at 1-800-922-5431.
Gear Restrictions for Spearfishing in South Carolina
South Carolina’s gear rules for spearfishing are straightforward but strictly enforced. The most significant restriction involves powerheads, also called bangsticks. Powerheads (bangsticks) are prohibited except for safety purposes. A bangstick is defined under South Carolina law as a device containing a charge mounted on a spear, pole, or other contrivance that is activated to stun or kill fish. Using one to harvest fish — even on an offshore reef — is a criminal offense.
It is unlawful to possess, land, or sell any species of fish taken with a bangstick, whether in reef or non-reef areas. This rule applies statewide, meaning you cannot bring fish aboard that were taken with a powerhead even if the device itself was used in federal waters before returning to port.
Standard spearguns, pole spears, and Hawaiian slings are the accepted tools for recreational spearfishing in South Carolina. Scuba and freediving are both permitted methods — the state does not restrict which underwater breathing approach you use. Nets, longlines, and trawls are prohibited for recreational use. The use of fish traps, longlines, gill nets, and trawls is prohibited in recreational fishing contexts.
Pro Tip: Never carry a powerhead as a “shark deterrent” while spearfishing in South Carolina unless you can clearly demonstrate it is for personal safety only — not for taking fish. Possession of a bangstick with harvested fish nearby creates a presumption of unlawful use.
If you are also interested in how gear restrictions apply to hunting on land in South Carolina, the bow hunting laws in South Carolina article covers similar equipment-specific rules in a land-based context.
Off-Limits Areas and No-Spearfishing Zones in South Carolina
Several categories of protected areas restrict or prohibit spearfishing entirely. The most significant are the Special Management Zones (SMZs) and Marine Protected Areas (MPAs) established under federal authority.
The following artificial reefs have been declared Special Management Zones and are protected by federal regulations: BP-25, Beaufort 45, Betsy Ross, Bill Perry, C.J. Davidson, Cape Romain, Capers, CCA-McClellanville, Charleston 60, Comanche, Eagles Nest, Edisto 40, Edisto 60, Edisto Offshore, Fripp Island, Georgetown, Greenville, Hilton Head, Hunting Island, Kiawah, Little River Offshore, Lowcountry Anglers, North Inlet, Paradise, Pawleys Island, Pop Nash, Ron McManus Memorial, Ten Mile, Vermillion, Wayne Upchurch, Will Goldfinch, and Y-73. Within these zones, fishing may be conducted only with handheld hook and line gear and spearfishing gear (excluding powerheads). The use of fish traps, longlines, gill nets, and trawls is prohibited.
Beyond the SMZs, federal Marine Protected Areas also restrict what you can do offshore. Three SSMZs (Devil’s Hole, Area 51, and Area 53) and four MPAs (Snowy Grouper Wreck, Northern SC, Edisto, and Charleston Deep Artificial Reef) are located off the South Carolina coast. Fishing for or possession of snapper-grouper species is prohibited in these areas. For divers targeting reef fish, this is a critical restriction — spearing a snapper or grouper inside one of these MPAs violates both state and federal law.
Proximity to fishing piers also creates no-fishing buffer zones. It is unlawful to fish from a boat within 300 feet of commercial fishing piers extending into the Atlantic Ocean. This restriction applies to spearfishing conducted from a vessel near those structures. Fishing from the shore in the waters under or within 50 feet on either side or beyond the end of any ocean fishing pier in Horry County is also prohibited.
State parks, wildlife management areas, and National Seashore properties may impose additional restrictions. Always check with the managing agency before diving in any protected natural area. For a broader look at how South Carolina structures its wildlife regulations, see the hunting laws in South Carolina overview.
Bag Limits and Size Limits for Spearfishing in South Carolina
Bag limits and size limits for spearfishing in South Carolina follow the same rules that apply to hook-and-line anglers targeting the same species. There is no separate spearfishing-specific limit — your daily catch is governed by the species regulations published in the annual SCDNR Hunting and Fishing Regulations Guide.
For the snapper-grouper complex, South Carolina adopted a favorable rule for anglers. The catch limit for each species in the snapper-grouper complex is the limit published in the 2024–2025 South Carolina Hunting and Fishing Laws and Regulations Guide, or the federal limit for the species, whichever is higher. The lawful minimum size for each species is the size published in the Guide, or the federal limit, whichever is lower. This means South Carolina’s state rules can actually be more permissive than federal rules for certain reef species.
Two commonly targeted reef species have specific statutory limits. Black sea bass (Centropristis striata) has a lawful catch limit of five fish per person per day, or the same as the federal limit, whichever is higher. The lawful minimum size for black sea bass is 13 inches total length with no closed season. Red snapper (Lutjanus campechanus) has a lawful catch limit of two fish per person per day, a minimum size of 20 inches total length, and no closed season under state rules.
| Species | Daily Bag Limit | Minimum Size | Notes |
|---|---|---|---|
| Black Sea Bass | 5 per person (or federal limit, whichever is higher) | 13 inches total length | No closed season in state waters |
| Red Snapper | 2 per person per day | 20 inches total length | Federal waters subject to separate federal rules |
| Red Drum | Gamefish limits apply | Check SCDNR guide | Federal waters harvest prohibited |
| Cobia, Spotted Seatrout, Tarpon, Striped Bass | Gamefish limits apply | Check SCDNR guide | Sale prohibited; native-caught only |
| Freshwater Nongame Fish | No general statewide limit (check species) | Varies by species | Spears permitted for nongame only; Game Zone 1 excluded |
For freshwater nongame species, there is no universal daily limit, but species-specific rules apply. On all waters of the state, only two blue catfish over 32 inches may be kept, with a possession limit of 25 per person per day. Always check the current SCDNR regulations for the specific species you plan to target before your dive.
Possession limits also matter if you are on a multi-day trip. South Carolina generally caps possession at a set number of daily limits, so keeping more fish than you can legally take in a single day creates a separate violation even if each individual day’s catch was within limits.
Penalties for Spearfishing Violations in South Carolina
South Carolina enforces its fishing laws through a combination of fines, license suspension, and criminal misdemeanor charges. The severity of the penalty depends on the nature of the violation and whether it occurred in freshwater or saltwater.
For most saltwater violations, a person who violates the applicable section is guilty of a misdemeanor and, upon conviction, must be fined not less than $25 nor more than $500 or imprisoned for not more than 30 days. This covers offenses such as fishing without a license, using prohibited gear, or taking fish in excess of bag limits.
South Carolina also operates two separate point-based suspension systems that can strip you of your fishing privileges entirely. The Game and Fish Point System applies to violations inland of the saltwater/freshwater dividing line — if suspended under this system, a person cannot hunt, freshwater fish, gather, trap, land, or pursue game or freshwater fish in the state. The Saltwater Point System applies to violations within the coastal waters of the state, seaward of the saltwater/freshwater dividing line.
Upon accumulation of 18 or more points in the recreational or commercial categories, a person’s privileges to fish, gather, land, attempt to take, or possess fish, shellfish, or crustaceans within the coastal waters will be suspended. Points are assessed per violation, so repeat offenders face escalating consequences that go well beyond a single fine.
Gear and equipment can also be seized. The boat, motor, fishing gear, and fish of any person charged with unlawfully fishing, using, or having in possession a gill net or hoop net on any freshwater lake or reservoir shall be confiscated. While this specific provision targets net violations, SCDNR officers have broad authority to seize unlawful equipment used in any fishing violation, including spearfishing with prohibited devices.
Using a bangstick to take fish carries particularly serious consequences. It is unlawful to take, have in one’s possession, or to land or sell any species of fish taken by means of a bangstick or similar device. Because possession of fish taken with a powerhead is itself a violation, you face charges even if an officer did not witness the act directly.
Common Mistake: Assuming that federal waters operate under looser rules. SCDNR officers and federal agents both patrol South Carolina’s offshore waters, and violations of federal regulations — including spearing fish in Marine Protected Areas — can result in federal charges with substantially higher fines than state penalties.
South Carolina’s broader animal and wildlife laws share a similar enforcement philosophy — violations carry real criminal consequences. If you want to understand how the state handles other wildlife-related infractions, the articles on duck hunting laws in South Carolina and spearfishing laws in North Carolina offer useful regional context.
SCDNR officers also participate in Operation Coast Watch, an SCDNR patrol program covering South Carolina’s coastal waters to protect fisheries and natural resources. Expect active enforcement presence both inshore and offshore, particularly during peak summer diving season.
Before every dive, confirm your license is current, know the species limits for what you plan to target, and verify that your intended dive site is not within a protected zone. For the most current regulations, visit the South Carolina fishing regulations page on eRegulations or contact SCDNR’s Marine Resources Division directly at 843-953-9301.