Yes, spearguns are legal in Texas for recreational and commercial fishing, provided users comply with Texas Parks and Wildlife Department (TPWD) regulations and local ordinances. While no state statute explicitly bans spearguns, their use is restricted to saltwater areas unless otherwise permitted, and non-compliance risks citations under fishing license violations or local public safety codes.
Key Regulations for Spearguns in Texas
- Saltwater-Only Use: TPWD prohibits spearguns in freshwater bodies (e.g., lakes, rivers) under Texas Administrative Code §57.111, reserving them for bays, Gulf waters, and approved coastal areas. Freshwater use requires a special permit, rarely granted.
- Harvest Restrictions: Only certain species (e.g., finfish, non-game fish) may be taken with spearguns; prohibited species (e.g., red drum, spotted seatrout) incur fines up to $2,000 under Texas Parks and Wildlife Code §66.002. Size and bag limits apply.
- Equipment Specifications: Spearguns must not exceed 5 feet in length (TPWD Fishing Guide, 2025) and cannot use explosive or chemical propulsion. Nighttime use is banned in all public waters to prevent conflicts with navigation and wildlife protection.
Local jurisdictions (e.g., Galveston, Corpus Christi) may impose additional restrictions, such as seasonal closures or gear-specific permits. Violations are enforced by TPWD game wardens and municipal police, with penalties escalating for repeat offenses. For 2026, TPWD is reviewing potential updates to speargun regulations amid rising coastal conservation concerns.