Virginia Spearfishing Rules Card

Legal status

Saltwater LegalFreshwater Not permitted

Virginia is a coastal state, and recreational spearfishing is legal in its saltwater/tidal marine waters (Chesapeake Bay, tidal tributaries, and the Atlantic), where a Saltwater Recreational Fishing License covers spear and gig alongside rod-and-reel.

License

Required: Saltwater: Virginia Saltwater Recreational Fishing License (VMRC). Freshwater: Virginia (State) Freshwater Fishing License (DWR).

Resident: Freshwater resident (16+): $23.00/yr (also $44 2-yr, $65 3-yr, $86 4-yr; city/county resident option $16.00). Saltwater resident: $17.50/yr. Resident 65+ freshwater: $9.00/yr.

Non-resident: Freshwater nonresident (16+): $47.00/yr ($8.00 1-day, $21.00 5-day). Saltwater nonresident: $25.00/yr; a 10-day saltwater license is $10.00 for residents and nonresidents.

Gear rules

• Spearguns: SALTWATER: allowed for recreational spearfishing in tidal marine waters; the saltwater license authorizes take by spear/gig.
• Pole spears: SALTWATER: allowed (covered by the license's 'spear or gig' authorization).
• On scuba: SALTWATER: not prohibited by VMRC, SCUBA/free-dive spearfishing is a recognized recreational method in Virginia marine waters.
• Commercial harvest by any method of spear fishing is unlawful (4VAC20-995-40, s3).
• Recreational sharks may be taken only by handline or rod and reel, NOT by spear (4VAC20-490-30, s2).
• A lobster with an outer shell that has been speared may not be possessed (4VAC20-110-30, s2).
• Gaffing or attempting to gaff striped bass is illegal in Virginia marine waters.

Do not spear

• Sturgeon, 'It shall be unlawful for any person to take, catch or possess any sturgeon'
• Sharks
• Lobster, a lobster whose outer shell has been speared may not be possessed
• All freshwater GAME FISH may not be speared
• Any marine species under a harvest moratorium or prohibited-possession rule may not be taken by spear, check current VMRC species limits

Area restrictions

• Freshwater nongame gig/hand-spear take is limited to waters below the fall line of the Rappahannock River and its tributaries and the Potomac River.
• Federally managed waters beyond the 3-nautical-mile state line (EEZ) are governed by NOAA Fisheries / the Mid-Atlantic and Atlantic States Marine.
• Standard local ordinances, park/refuge closures, and swimming-area/pier safety zones may restrict where a diver can spear; verify locally.

Before you dive

• Never dive alone: one up, one down.
• Check current seasons and sizes the morning of the dive.
• Confirm with Virginia Marine Resources Commission (VMRC) — saltwater/tidal; Virginia Department of Wildlife Resources (DWR) — inland/freshwater: https://mrc.virginia.gov/