No, spearguns are illegal in New York under Environmental Conservation Law § 11-0901, which prohibits possession of underwater spears or devices capable of propelling them. Exceptions exist for licensed commercial fishermen, but recreational use is banned statewide. Recent 2026 DEC enforcement directives target illegal speargun possession in marine protected areas, with penalties escalating to misdemeanor charges for repeat violations.
Key Regulations for Spearguns in New York
- Possession Ban: ECL § 11-0901 criminalizes spearguns, classifying them as “implements of destruction” in freshwater and marine environments. Violations may result in confiscation and fines up to $250.
- Licensing Exemptions: Only holders of commercial fishing licenses issued by the NYSDEC may possess spearguns, strictly for harvest purposes. Recreational divers or hunters face automatic penalties.
- Protected Waters Restrictions: The 2026 DEC Marine Resources Advisory Board expanded prohibitions to include all designated shellfish beds and spawning grounds, where speargun use is now a Class B misdemeanor.
Local enforcement prioritizes Long Island Sound and Peconic Bay regions, where illegal spearfishing has surged. The NYSDEC’s 2025 “Clean Waters Initiative” mandates mandatory reporting of confiscated spearguns to state databases. Non-compliance triggers enhanced surveillance via drone patrols in high-risk zones.