Spearfishing Laws in Texas: What You Can and Cannot Do in Fresh and Salt Water
June 3, 2026
Texas has over 367 miles of Gulf coastline, thousands of inland lakes and rivers, and some of the most diverse aquatic ecosystems in the country — making it one of the more compelling destinations for spearfishing in the South. But before you load up your speargun and head to the water, you need to understand exactly where the law draws the line.
Spearfishing rules in Texas are not one-size-fits-all. The rules shift depending on whether you are in fresh or salt water, which species you are targeting, and how far offshore you plan to dive. Getting those details wrong can cost you your gear, your license, and potentially much more. This guide breaks down every key regulation so you can get in the water confidently and legally.
Is Spearfishing Legal in Texas
Yes, spearfishing is legal in Texas — but with significant restrictions that every diver needs to understand before entering the water. The Texas Parks and Wildlife Department (TPWD) is the primary authority overseeing fishing activities, including spearfishing, within the state’s jurisdiction. The agency sets the rules for what gear you can use, which species you can target, and where you are allowed to dive.
Spearfishing enthusiasts must adhere to a set of regulations designed to promote sustainable fishing practices and protect vulnerable species. A valid fishing license is a prerequisite for spearfishing in Texas, with specific endorsements required for saltwater or freshwater environments.
The broad framework is straightforward: spearfishing for nongame fish is permitted in freshwater, spearfishing for certain species is permitted in saltwater state waters, and federal offshore waters operate under a separate set of rules. These regulations are subject to change, reflecting ongoing conservation efforts and scientific research. Staying informed through official channels is essential for responsible participation in spearfishing.
Key Insight: The single most important rule to internalize is this — game fish cannot be taken by spear in Texas state waters, either fresh or salt. Spearfishing is limited to nongame species in those waters, with limited exceptions in federal offshore waters.
Just like other animal-related laws in Texas — from wildlife removal regulations to rules governing domestic animals — spearfishing law is enforced by state officers with full peace officer authority. Ignorance of the rules is not a defense.
Freshwater vs. Saltwater Spearfishing Rules in Texas
The divide between freshwater and saltwater spearfishing rules in Texas is sharp, and understanding it is the foundation of staying legal.
Freshwater Rules
In fresh water, it is unlawful to take fish with a hand-operated device held underwater except that a spear or spear gun may be used to take nongame fish. This is the core freshwater rule, and it is absolute: game fish cannot be speared in any Texas inland water body, full stop.
Texas has enormous water resources and allows spearing of non-game fish throughout the state. Sam Rayburn Reservoir, Lake Fork, and the many rivers of the Hill Country offer gar, carp, buffalo, and catfish where legal. Alligator gar in the Trinity River system is a bucket-list freshwater hunt — these dinosaur-like fish can top 200 pounds and require serious gear and skill to land.
Saltwater Rules
In Texas saltwater (state waters extending roughly nine nautical miles into the Gulf), the same game fish prohibition applies. In state waters you can only take non-game fish. This means popular inshore targets like red drum, spotted seatrout, and snook are off-limits to spearfishers in state waters regardless of where you are along the Texas coast.
However, the picture changes significantly once you leave state jurisdiction. Texas spearfishing laws permit spearfishing for game species of fish in non-federal waters. When you go nine miles offshore, there are zero state regulations limiting spearfishing for game fish. In those federal waters, the Gulf of Mexico Fishery Management Council’s rules govern what you can and cannot take.
Important Note: Texas state waters extend nine nautical miles into the Gulf of Mexico — farther than most other Gulf states. Federal waters and their separate regulations begin beyond that nine-mile boundary. Always verify which jurisdiction applies to your dive location before targeting game fish offshore.
In Texas, the San Marcos River and Comal River are spring-fed and famously clear, though regulations may limit what you can do there. Always verify the specific rules for any water body before diving, as local or special-area restrictions may apply beyond the statewide baseline.
License and Permit Requirements for Spearfishing in Texas
Any person who takes or attempts to take fish, mussels, clams, crayfish or other aquatic life in the public waters of Texas must have a current Texas fishing license with the appropriate endorsement. Spearfishing is no exception to this requirement.
A saltwater endorsement is required to fish in coastal waters; a freshwater endorsement is required for inland waters. If you plan to spearfish in both environments, you will need the appropriate endorsement for each, or an all-water package that covers both.
Who Is Exempt From a License?
- A resident or non-resident under 17 years old
- A resident born before January 1, 1931
- A resident with an intellectual disability fishing as therapy
License Fee Overview (as of the 2025–2026 season, valid September 1, 2025 through August 31, 2026)
| License Type | Resident | Non-Resident |
|---|---|---|
| Freshwater Package | Standard fee applies | Higher fee applies |
| Saltwater Package | Standard fee applies | Higher fee applies |
| All-Water Package (Year-from-Purchase) | $47 | Higher fee applies |
| Senior (65+) Freshwater | $12 | N/A |
Visit the TPWD General Fishing Regulations page for the most current fee schedule and package options.
Pro Tip: Carry your valid driver’s license or state-issued photo ID while spearfishing. You must carry a valid driver’s license or personal ID while fishing. Game wardens have authority to inspect your license and catch at any time.
If you harvest an alligator gar, there is an additional step: if you harvest an alligator gar, you must report it within 24 hours. Use the “Texas Hunt and Fish” mobile app for easy reporting. This applies whether you took the fish by spear or any other legal method.
Legal Species and Prohibited Species for Spearfishing in Texas
Species eligibility is the area where most spearfishing violations occur in Texas, because the line between game fish and nongame fish is not always obvious to newcomers.
Prohibited Species (Game Fish — Cannot Be Speared in State Waters)
Game fish include families and crossbreeds of snook, catfish, bass, tuna, sharks, sauger, pickerel, mackerel, seatrout, tripletail, walleye, wahoo, kingfish, sailfish, cobia, crappie, red drum, marlin, spearfish, tarpon, and swordfish. Unless otherwise stated, it is illegal to use spearfishing on all these species in Texas.
Game fish may be taken only by pole and line (which includes rod and reel), except as otherwise provided in this guide. This rule applies in all public state waters — both fresh and salt.
Additional species are permanently off-limits regardless of method:
- It is unlawful to take, kill, or disturb sea turtles. Species found in the Gulf of America include Green, Loggerhead, Kemp’s ridley, Leatherback and Hawksbill.
- It is unlawful to take, kill, or disturb any endangered or threatened fish species (paddlefish, shovel-nosed sturgeon, sawfish and others).
- It is unlawful to take or kill diamondback terrapin or marine mammals such as porpoises, dolphins or whales.
Legal Nongame Species for Freshwater Spearfishing
States like Texas allow spearfishing for non-game species — typically carp, gar, buffalo, drum, bowfin, and catfish. These nongame fish represent the primary targets available to freshwater spearfishers in Texas.
Common Mistake: Many divers assume catfish are always fair game for spearing. In Texas, catfish classification can be complex — while some catfish species are treated as nongame for certain gear types, always verify the current TPWD regulations for the specific water body you plan to dive. Rules can vary by location.
For saltwater nongame species, targets can include sheepshead, mullet, and various reef fish not classified as game fish. Bows are legal for taking non-game fishes such as gar, buffalo, mullet and sheepshead — and the same nongame classification applies to spearfishing in saltwater state waters.
You can also review pet laws in Texas if you are interested in how the state broadly categorizes and regulates animals under its jurisdiction.
Gear Restrictions for Spearfishing in Texas
Texas law defines and restricts spearfishing equipment in ways that matter for every diver. Using the wrong gear — even for a legal species — can result in a violation.
Spearguns and Pole Spears
According to the law in Texas, a speargun refers to a manually-operated gadget that propels a spear when freediving fishing. However, that doesn’t include a crossbow. Crossbows are classified separately under archery equipment rules and are not a legal substitute for a speargun.
When fishing in freshwaters, you are not allowed to use underwater handheld gadgets for fishing, with the exception of spears or spearguns when catching nongame Texas fish species. Pole spears fall within the category of hand-operated underwater devices and are permitted for nongame fish in freshwater.
What Is Not Permitted
- Scuba gear combined with a speargun is not explicitly authorized under Texas freshwater regulations — freediving is the standard method for spearfishing in Texas waters
- Crossbows used underwater as a spearfishing device
- Any device not listed as legal under TPWD regulations — methods and devices not listed are not legal for use in Texas
- UAVs (drones) to assist in locating or taking fish — the federal Airborne Hunting Act prohibits the use of an Unmanned Aerial Vehicle (UAV) to aid in the take or attempt to take of fish or wildlife resources
Bowfishing vs. Spearfishing
Bowfishing is a related but legally distinct activity. Lawful archery equipment includes longbow, recurved bow, compound bow and crossbow, and may be used to take nongame fish only. If you use a bow rather than a spear or speargun, you are operating under bowfishing rules, not spearfishing rules — both restrict you to nongame fish in state waters.
Pro Tip: Always bring a dive flag when spearfishing in Texas coastal waters. While TPWD regulations focus on species and gear, a dive flag is a critical safety requirement and is widely expected by boaters. Pair it with a surface marker buoy (SMB) so vessels can see your position underwater.
Off-Limits Areas and No-Spearfishing Zones in Texas
Even if you have the right license, the right gear, and you are targeting a legal species, certain locations in Texas are completely off-limits for spearfishing.
State Park Waters
Pole and line is the only lawful method for taking game and nongame fish from Community Fishing Lakes, sections of rivers lying totally within boundaries of a state park, the North Concho River from O.C. Fisher dam to the Bell Street dam, the South Concho River from Lone Wolf dam to Bell Street dam, Wheeler Branch Reservoir, Lake Pflugerville, Brushy Creek Lake and Brushy Creek downstream from the lake to the Williamson/Milam County line, Canyon Lake Project #6, and Deputy Darren Goforth Park Lake. State Park Lakes include: Abilene, Cleburne, Elm, Fort Parker, Mineral Wells, Pilant, Purtis Creek, Raven, Sheldon, and Tucker.
This means spearfishing — and any non-pole-and-line method — is prohibited in all of these named locations. If a river section runs entirely through a state park boundary, spearfishing is not permitted there.
Protected Marine Areas
Protected marine areas and no-take zones represent critical components of Texas’s conservation strategy. These regions are established to safeguard biodiversity, protect spawning grounds, and ensure the health of marine ecosystems. Spearfishing is strictly prohibited in these areas, underscoring the importance of understanding and respecting geographic restrictions.
The Redfish Bay State Scientific Area near Rockport is one notable protected zone. It is a violation to move, remove, deface, alter, or destroy any sign, depth marker, or other informational signage placed by the department within, or to delineate boundaries of the Redfish Bay State Scientific Area.
Federal Waters and Special Jurisdictions
Portions of the Rio Grande adjacent to the Black Gap Wildlife Management Area are designated as a “Wild and Scenic River.” Special federal rules apply to fishing, boating and other uses in these areas. Check the Big Bend National Park website for more information concerning these rules and boundaries.
It is a violation of state law to possess aquatic animal life in Texas that was unlawfully taken in violation of federal law in the Exclusive Economic Zone. This means that even when diving in federal waters, you must comply with federal regulations — and bringing home illegally taken fish into Texas is itself a state violation.
For more on how Texas manages wildlife in sensitive areas, see the state’s wildlife removal laws, which reflect the same conservation-first approach applied to aquatic environments.
Bag Limits and Size Limits for Spearfishing in Texas
Bag and size limits for spearfishing follow the same statewide rules that apply to all other legal fishing methods. Taking a fish by spear does not exempt you from possession limits or minimum length requirements.
General Possession Rules
Any fish that are retained by using any type of holding device such as stringer, cooler, livewell, or bucket are considered in an angler’s possession and must adhere to established length and bag limits. While fishing, it is illegal to be in possession of more fish than the daily bag limit or fish that are within a protected length limit.
Possession limits are twice the statewide daily bag limits except for striped bass from Lake Texoma and alligator gar from Falcon International Reservoir.
Nongame Fish Limits
For fishes not listed in the statewide bag and length limit table, there are no statewide bag or length limits. However, there are special requirements associated with the harvest of harmful or potentially harmful exotic fishes (tilapia, grass carp).
This means that for most nongame species — the primary targets for freshwater spearfishing — there are no bag or size limits statewide. However, location-specific exceptions exist.
Notable Location-Specific Limits
| Species / Location | Limit |
|---|---|
| Alligator Gar (statewide) | One (1) per day |
| Alligator Gar — Lake Texoma (spawning season) | Harvest prohibited during spawning season in May |
| Trophy Common Carp — Lady Bird Lake (Austin) | One (1) per day for carp measuring 33 inches or more; no limits apply to smaller carp |
| Saltwater Nongame Fish | Limits exist on some nongame fishes in salt water — see saltwater limits |
Important Note: In order to verify length and species, a fish caught may not have the head or tail removed and may not be filleted until an angler finally lands the catch on the mainland, a peninsula, or barrier island not including jetties or piers and does not transport the catch by boat. This applies to fish taken by spear as well.
For alligator gar specifically, mandatory harvest reporting is required. If you harvest an alligator gar, you must report it within 24 hours using the “Texas Hunt and Fish” mobile app for easy reporting. Failure to report is a separate violation from the harvest itself.
If you want to share your legally speared fish with another person, a Wildlife Resource Document may be required. A person may give or receive any legally taken wildlife or aquatic resource, or part of the resource, that is required to be tagged or that is protected by a daily bag or possession limit if the resource is accompanied by a Wildlife Resource Document (WRD). A person may use the downloadable form or a handwritten document that includes the same required information.
Penalties for Spearfishing Violations in Texas
Texas takes fishing violations seriously, and spearfishing infractions are handled under the same enforcement framework as all other fishing law violations. Penalties scale with the severity of the offense.
Criminal Penalties
If you violate any of the fishing laws in Texas, you may be penalized depending on the severity of the violation and the number of offenses you have committed. You could be charged with a misdemeanor and fined.
You could also face state felony charges if you are fishing in private waterways without consent from the landowner and it is your second offense. Felony penalties include fines between $1,500 and $10,000, and you can receive up to two years of jail time. You can also get your fishing license suspended or revoked for up to five years and forfeit your fishing gear.
Civil Restitution
In addition to the criminal penalty for hunting and fishing violations, the department will seek the civil recovery value for the loss or damage to wildlife resources. Failure to pay the civil recovery value will result in the department’s refusal to issue a future license, tag, or permit.
During the period of non-payment, it is a criminal offense — punishable by up to one year in jail, a fine ranging from $500 to $4,000, or both — to hunt, fish, or participate in any activity that requires a license or permit issued by Texas Parks and Wildlife.
License Reinstatement
A person who seeks to reinstate their license after revocation, denial or suspension must apply for license privilege reinstatement and pay a $100 fee.
Interstate Consequences
Texas is a member of the Interstate Wildlife Violator Compact (IWVC), which allows member states to share information about wildlife violators and to deny licensure to persons who have failed to comply with conservation law in member states. If a person has had their hunting, fishing or trapping privileges suspended in any member state, the suspension may be recognized by any other member state.
Common Mistake: Some spearfishers assume that targeting a prohibited game fish and releasing it avoids a penalty. This is incorrect — the act of taking or attempting to take a game fish by spear is itself the violation, regardless of whether the fish is retained or released.
Enforcement Authority
Texas game wardens have the same powers and privileges as any other state peace officers. They have the same authority as a sheriff to arrest, serve criminal or civil process, and may arrest without a warrant any person in this state for violating the law.
To report a suspected violation, contact the TPWD Operation Game Thief hotline or reach the department at (800) 792-1112. Staying current on the rules is your best protection — review the TPWD legal devices page and the TPWD penalties and restitution page before each season. You may also find it useful to review other Texas animal and wildlife laws to understand how broadly the state regulates interactions with its natural resources.
Spearfishing in Texas rewards those who do their homework. Know your water type, carry the right license, stick to nongame species in state waters, and stay out of restricted zones — and you will have access to some of the best spearfishing the Gulf Coast and inland waterways have to offer.