Spearfishing Laws in Virginia: What You Need to Know Before You Dive
June 9, 2026
Spearfishing in Virginia occupies a narrow legal space — permitted in saltwater under the right conditions, but largely off the table in freshwater. If you plan to dive and spear in the Chesapeake Bay, Virginia’s coastal ocean waters, or its tidal tributaries, you need to understand exactly which rules apply, which species you can and cannot target, and what happens if you get it wrong.
Virginia’s spearfishing regulations are split between two agencies — the Virginia Marine Resources Commission (VMRC) for saltwater and the Virginia Department of Wildlife Resources (DWR) for freshwater — and the rules between them are starkly different. This guide breaks down everything you need to stay legal on the water.
Important Note: Virginia’s fishing regulations are subject to change monthly. Always verify current rules directly with VMRC at (757) 247-2200 or DWR at (804) 367-2925 before heading out.
Is Spearfishing Legal in Virginia?
Yes — spearfishing is legal in Virginia, but only in specific waters and only for recreational purposes. The state draws a hard line between saltwater and freshwater, and it draws an equally hard line between recreational and commercial spearfishing.
It is unlawful for any person to harvest fish for commercial purposes by any method of spearfishing under Virginia regulation 4 VAC 20-995-40. That means every spearfisher in Virginia must be operating strictly as a recreational angler — no selling, trading, or bartering your catch.
Individuals who obtain a saltwater recreational fishing license are entitled to use a rod and reel (hook and line), spear or gig, and hand line, cast net, dip net, or two eel pots, with other rules potentially applying to those specific gears. So in saltwater, the spear or gig is a recognized and licensed recreational method. In freshwater, the story is very different, as you’ll see in the next section.
Key Insight: Virginia recognizes spearfishing as a legitimate recreational method in tidal and saltwater environments, but the gear is explicitly prohibited in most freshwater contexts. Knowing which body of water you’re in — and which agency governs it — is the foundation of legal spearfishing in Virginia.
Freshwater vs. Saltwater Spearfishing Rules in Virginia
The divide between freshwater and saltwater spearfishing rules in Virginia is significant. The Virginia Department of Wildlife Resources (DWR) oversees freshwater fishing, while the Virginia Marine Resources Commission (VMRC) handles saltwater rules. Each agency operates under its own legal framework, and the treatment of spearfishing could not be more different.
Freshwater: Spearfishing is effectively prohibited in Virginia’s inland waters. Taking any fish at any Department-owned lake, pond, or stream by any means other than by use of one or more attended poles with hook and line attached is prohibited unless otherwise posted. On top of that, spearguns and poisoned arrows are prohibited under DWR nongame fish regulations. Additionally, it is illegal to use SCUBA (Self-Contained Underwater Breathing Apparatus) gear to take or attempt to take fish in Virginia’s freshwaters, which closes off one of the most common spearfishing methods.
Saltwater: Anyone fishing with a spear or gig in Virginia’s portion of the Chesapeake Bay or in the saltwater, tidal tributaries of the Chesapeake Bay needs a saltwater fishing license under Code 28.2-302.1. In these waters, spearing is a recognized method of take, and the full suite of size and possession limits applies just as it would for hook-and-line anglers.
| Feature | Freshwater (DWR) | Saltwater/Tidal (VMRC) |
|---|---|---|
| Spearfishing Allowed? | No — prohibited | Yes — recreational only |
| SCUBA Allowed for Fishing? | No — explicitly illegal | Not prohibited by VMRC rule |
| Governing Agency | Virginia DWR | Virginia VMRC |
| License Required? | N/A (method prohibited) | Yes — saltwater recreational license |
| Commercial Spearfishing? | Prohibited | Prohibited statewide |
License and Permit Requirements for Spearfishing in Virginia
Getting licensed for saltwater spearfishing in Virginia is straightforward, but there are a few layers to understand — especially around the state’s angler identification program.
A saltwater recreational fishing license is required for individuals fishing in the Chesapeake Bay, its tributaries, and Virginia ocean waters, unless fishing on a licensed pier, licensed charter boat, or licensed private boat, or unless specifically exempted. This license covers your right to use a spear or gig in those waters.
The Virginia Fisherman Identification Program (FIP) requires unlicensed saltwater anglers age 16 and older to register for free with the VMRC and receive an identification number annually. If someone plans to saltwater fish without needing to buy a license, they’ll need to register with VMRC. Legally unlicensed adult anglers who fish for anadromous or marine species in Virginia’s freshwaters will need to register as well.
The license is optional for individuals age 65 and older, who may still fish Virginia tidal waters for saltwater species without a license if desired, although they still must comply with annual FIP registration requirements if they have not purchased a license.
Certain recreational fisheries in Virginia, such as the February black sea bass season, require a no-cost permit for participation, and permittees may be required to report harvest to the commission. If you plan to spear black sea bass, check whether a species permit is required for the season you’re fishing.
Pro Tip: You can purchase your Virginia saltwater recreational fishing license online or by phone at 1-866-721-6911 (Monday–Friday, 8:30 a.m. to 4:30 p.m.). Licenses are also sold through DWR-administered agents at most tackle and bait shops statewide.
For freshwater fishing — where spearfishing is prohibited — all fishing on inland waters requires a freshwater fishing license, unless the angler is license exempt. If you’re also researching hunting laws in Virginia, note that DWR administers both freshwater fishing and hunting licenses through the same network of agents.
Legal Species and Prohibited Species for Spearfishing in Virginia
Virginia’s saltwater spearfishing rules on species are a patchwork of clear prohibitions, expressly permitted species, and genuinely ambiguous middle ground. Understanding each category is critical before you load your speargun.
Clearly Prohibited Species:
- It is unlawful for any person to take, catch, or possess any sturgeon under Code 28.2-303.
- It is unlawful for any person fishing recreationally to take any shark using any gear other than handline or rod and reel under regulation 4 VAC-20-490-30. This means spearing sharks is explicitly off-limits.
- It is unlawful to possess a lobster that has an outer shell that has been speared under regulation 4 VAC 20-110-30.
- River herring is under a moratorium and is illegal to possess.
- As of January 1, 2019, there is a statewide moratorium on the possession of American shad; however, catch and immediate release is permitted.
Permitted Species (with limits):
Striped bass were the first species to have “spear” added to the allowed fishing methods. As of 2021, VMRC code clarified that red drum and speckled trout may be taken recreationally “by any gear type.” Note, however, that a closed season for recreational speckled trout harvest is in effect from April 1, 2026 through June 30, 2026, per the March 31, 2026 VMRC Commission meeting — meaning speckled trout cannot be harvested by any method, including spearing, during that window.
Ambiguous Species:
Even more confusion surrounds grey trout (weakfish) and black drum. Their respective statutes do not prescribe “any gear type,” instead stating that you may harvest “by hook and line, rod and reel or hand line,” and neither section expressly prohibits spearing. Do not rely on representations from a charter operator or even a VMRC agent when fishing personally; only an official opinion from the Virginia Attorney General would be sufficient legal protection. When in doubt, contact VMRC directly for clarification before targeting these species.
For all other species of finfish, recreational possession and size limits shall apply regardless of whether you’re using a spear or hook and line.
Common Mistake: Many spearfishers assume that if a species isn’t explicitly listed as prohibited, it’s fair game to spear. In Virginia, some species statutes restrict harvest to specific gear types like “hook and line or rod and reel,” which may effectively exclude spearing even without a direct prohibition. Always read the species-specific regulation, not just the general spearfishing rules.
Gear Restrictions for Spearfishing in Virginia
Virginia’s gear rules for spearfishing are shaped by both the VMRC for saltwater and the DWR for freshwater, and they address not just what you can use, but how you can use it.
Saltwater Gear: The saltwater recreational fishing license explicitly covers the use of a “spear or gig” as a recognized method of take. There is no VMRC regulation prohibiting the use of a speargun, pole spear, or Hawaiian sling in tidal saltwater waters, provided you hold the required license and comply with all species-specific rules.
Freshwater Gear Prohibitions: In Virginia’s inland waters, the gear restrictions are categorical. Spearguns and poisoned arrows are prohibited under DWR nongame fish regulations. Combined with the general rule that fishing at DWR-owned lakes, ponds, and streams must be done by hook and line unless otherwise posted, there is no lawful path for spearfishing in standard freshwater environments.
SCUBA Restriction: It is illegal to use SCUBA gear to take or attempt to take fish in Virginia’s freshwaters. This rule removes any possibility of breath-hold workarounds being extended to SCUBA-assisted spearfishing in those waters.
Additional Gear Notes for Saltwater:
- Gaffing striped bass or attempting to gaff striped bass is illegal in Virginia marine waters. If you’re spearing striped bass, do not use a gaff to retrieve or land the fish.
- Federal permits are required for private and charter vessels to fish for Atlantic tunas, billfishes, swordfish, and sharks. Sharks, as noted above, may not be taken by spear regardless.
- Cobia regulations specifically state that gaffing is prohibited, with a 43-inch minimum size limit and a 1-fish daily possession limit during an open season of June 15 through September 20.
If you’re also interested in other regulated take methods in Virginia, including bow fishing and hunting, the DWR website maintains a full regulations digest updated annually.
Off-Limits Areas and No-Spearfishing Zones in Virginia
Even when you’re properly licensed and targeting a legal species with legal gear, certain locations in Virginia are off-limits or subject to special rules that effectively restrict spearfishing.
Federal Waters: Atlantic Ocean waters beyond the 3-mile limit are closed to the taking and possession of striped bass all year. More broadly, federal waters beyond the three-mile limit are governed by different regulations set by the Mid-Atlantic Fisheries Management Council, and you must comply with those federal rules in addition to Virginia’s state regulations.
Potomac River: Different regulations apply in the Potomac River. These areas are subject to the rules and regulations of the Potomac River Fisheries Commission (PRFC), and anglers should contact the PRFC directly or visit their website for further information.
Private Property and Leased Bottom: Rights of owners extend to the mean low-water mark in Virginia tidal waters. Diving and spearing in areas adjacent to private waterfront property or over privately leased oyster bottom without permission can expose you to trespass liability in addition to fishing violations.
DWR-Owned Waters: All DWR-owned lakes, ponds, and streams default to hook-and-line-only fishing unless otherwise posted. Spearfishing is not an authorized method at these locations.
Designated Swimming Areas and Boat Lanes: While Virginia’s VMRC regulations do not contain a specific provision mirroring neighboring states, common sense and general safety regulations prohibit spearfishing in areas that create hazards for other water users, such as marked swimming beaches, crowded boat ramps, and heavily trafficked channels.
Important Note: The Potomac River is jointly managed by Virginia and Maryland under the Potomac River Fisheries Commission. Regulations there can differ from standard VMRC rules. Always check PRFC regulations separately if you plan to spearfish in Potomac River waters.
Virginia maintains 23 artificial reefs open to public recreational fishing, many of which are popular spearfishing destinations. These are generally open to spearfishing provided you hold the required license and comply with all applicable species rules.
Bag Limits and Size Limits for Spearfishing in Virginia
Virginia applies the same recreational possession and size limits to spearfishers as it does to rod-and-reel anglers. For all other species of finfish, recreational possession and size limits shall apply. The following limits reflect figures reported as of the 2025–2026 regulation period; always verify current limits with VMRC before heading out, as regulations are subject to monthly change.
| Species | Bag Limit | Minimum Size | Season Notes |
|---|---|---|---|
| Striped Bass (Bay) | 1 per day | 19–24 inches slot | Bay: July 1–May 15; Oct 4–Dec 31 |
| Striped Bass (Coastal) | 1 per day | 28–31 inches slot | Coastal: Jan 1–Mar 31; May 16–Dec 31 |
| Red Drum | Check VMRC | Check VMRC | “Any gear type” permitted |
| Speckled Trout | Check VMRC | Check VMRC | Closed season Apr 1–Jun 30, 2026 |
| Grey Trout (Weakfish) | 1 per day | 12 inches | No closed season; gear status ambiguous |
| Black Drum | 1 per day | 16 inches | No closed season; gear status ambiguous |
| Black Sea Bass | 15 per person | 13 inches | May 11–December 31 (2026) |
| Bluefish | 5 per person | Check VMRC | Updated March 2026 |
| Cobia | 1 per day | 43 inches TL | June 15–September 20; gaffing prohibited |
| Sharks | N/A | N/A | Spearing prohibited — rod/reel only |
| Sturgeon | 0 | N/A | Fully protected — no take by any method |
Striped bass and black sea bass data reflect figures from the 2025–2026 regulation period as reported by VMRC and Blue Marlin Expeditions. Per the April 21, 2026 VMRC Commission meeting, the recreational measures for black sea bass in state waters are May 11 through December 31, with a 13-inch minimum size limit and a 15-fish bag limit. As of the March 2026 Commission meeting, the recreational possession limit on bluefish was updated to 5 per person from shore or a rented vessel, and 5 per person on for-hire or charter vessels.
You may not combine possession limits when seasons overlap or when you fish in multiple jurisdictions. This is especially important for spearfishers who may dive across Bay and coastal zones in the same trip.
Pro Tip: VMRC publishes an updated 2026 Finfish Regulation Card (updated April 2026) available at most tackle and bait shops and on the VMRC website. Carry a copy when you’re in the water — it lists current size and bag limits for all regulated species.
Penalties for Spearfishing Violations in Virginia
Virginia takes fishing violations seriously, and spearfishing-related offenses are prosecuted under the same penalty structure as other fishing violations. Both DWR and VMRC have enforcement authority, and their Conservation Police Officers actively patrol Virginia’s waters.
Break Virginia’s fishing laws and you’ll face real consequences. Fishing without a license can result in a fine up to $250 for a first offense. A second offense can bring a fine up to $500.
Violating creel (bag) limits is a Class 3 misdemeanor under Virginia law. For a spearfisher, this means exceeding your daily possession limit on any regulated species — whether striped bass, red drum, or black sea bass — can result in a criminal misdemeanor charge, not merely a civil fine.
Spearfishing commercially — which is prohibited statewide — carries its own separate violations under VMRC regulation 4 VAC 20-995-40. Attempting to sell, trade, or barter fish taken by spear exposes you to commercial fishing violation penalties, which are more severe than recreational violations.
Additional violations that enforcement officers look for include:
- Spearing prohibited species (sharks, sturgeon, lobster with speared shell)
- Spearing in freshwater or DWR-owned waters where the method is prohibited
- Possessing undersized fish taken by spear
- Using SCUBA to take fish in freshwater
- Failing to have a valid saltwater recreational fishing license while spearing in tidal waters
- Spearing during a closed season for a regulated species
In documented enforcement actions, Virginia CPOs have issued dozens of summonses in a single operation for boating and fishing violations related to the illegal take of multiple saltwater fish species. Officers patrol both day and night, and violations discovered during a single outing can result in multiple separate charges.
Important Note: Virginia fishing regulations can change monthly. A species that is open today may be subject to an emergency closure next month. Checking VMRC’s website or calling (757) 247-2200 before each trip is the only way to ensure you are fishing under current rules.
All regulations are subject to change, and it is the angler’s responsibility to know and abide by all current regulations and laws. Check for new regulations before you go fishing.
For related Virginia wildlife and animal laws, you may also find these resources helpful: dog leash laws in Virginia, roadkill laws in Virginia, and coyote hunting laws in Virginia — all governed by overlapping state wildlife and property statutes.