Is It Legal for Me to Take a Lobster While Holding a Speargun in Another Hand?

September 18, 2008

Question: If I am diving with my speargun and hunting for fish but then happen to see a lobster walking along the sand, is it legal for me to grab it? In other words, is it legal for me while out diving for the purpose to spear fish to also take lobsters on the same dive if I happen to encounter them? (Mike P.)

Answer: Lobsters may only be taken by hand or in baited hoop nets. It is illegal to use or possess any hooked devices while diving or attempting to dive for crustaceans. Given this, if your spear has floppers on the tip when folded out, an argument could be made that your spear may be a hooked device. The game warden will have the final determination of this when checking your gear.

Even though you may intend to use your spear only for spearing fish and not as a tool to assist in persuading a shy lobster to come out of the safety of it’s cozy cave or crevice, just to be on the safe side, my suggestion is that you should probably do your spearfishing and lobster diving on separate dives.