VA Freshwater Law

[Mahi Maniac]

I have the feeling I'll be landlocked quite a bit more in the coming two months and have often wondered whether I can legally spear in fresh water. Specifically the James as it's quite clear (and cold) right now. I have been told yes and no and a search on here turns up alot of "Absolutely Not" answers but no clearly stated law to back that up (maybe I didn't look hard enough). I have decided I would see what you guy's think. Before shooting anything I'll probably email dgif themselves.

So far heres what I've found.

The Virginia Department of Game and Inland Fisheries states that SCUBA gear may not be used in freshwater to take or attempt to take fish in fresh water. I freedive and what I take "SCUBA" gear to mean is a tank, regulator, BC, ect.

However, you may also not use any method at a dgif controlled lake, pond, or stream other than standard rod and reel fishing.

http://www.dgif.virginia.gov/fishing...ns/general.asp

The Virginia Marine Resources Commission contains no laws about freshwater, however, below the tidal line you must have a saltwater fishing license and stripers/sturgeon are illegal.

http://www.mrc.state.va.us/Regulatio...ing-rules.shtm

So, based on this info. Is it safe to assume that I may spear in freshwater, the James River, with only a freshwater license, NO SCUBA GEAR, and don't shoot Sturgeon or Stripers?

[dubdub]

from what i understand after talking to a few police and a game warden you car spearfish but you have to follow the same rules as bow fishing wich means you will be limited to mainly carp and gar

[Mahi Maniac]

Found the laws that I needed. Didn't look hard enough. Looking illegal right now as long as "Spearguns and poisoned arrows are prohibited" means what I think it means...so freshwater is straight up illegal. But If I'm past the tide line then there's nothing they can do

[Mako993]

I wish we could, but from what I read and inferred it's a no go in freshwater, other than hook and line. But if it's true what the game wardens say that you can only target gar and carp, to me that's still not worth it. I don't like to eat either of them. You can target anything but striper that's worth taking on the Virginia shoreline though.