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Yes, spearfishing is legal but obviously not in the park.
The way it was explained to me by a guy who owned a condo on the northern tip was that the park didn't extend all of the way up north and there were areas it was allowed.
Did 2 Tanks Spearfishing dive at North West of the island with Leo, April, 18 2009, strong current, and there are no many fish over there at that time.
Leo is a very nice Dutch guy and free diver, really enjoy watching him free diving.
Here's his brochure:
http://www.wetwendys.com/files/spearfishing-cozumel.pdf
YouTube - Spearfishing coz
FWIW, that may be about to change. There is a movement afoot on Cozumel to extend the marine park all the way up the east coast, around the north end, and down the west side to the top of the hotel zone. That would make the park completely encircle the island except for the coastline from the northern end of the hotel zone down to just south of the southern cruise ship piers.
We dove from boat, I got a big crab, it's my 1st spearfishing, so no too bad for me.
Also tried free diving after boat dive, but I'm not good with it at all, so I was just snorkeling and watching Leo, he shoot a fish.
Leo is not that easy to find, took us whole week to find him, better contact him before you trip.
I'm not making it up, I swear. I haven't been able to find it today, but a few months back there was a map posted on line with the proposed new marine park boundaries. They were as I described with a very narrow break for some reason right around Mescalito's. It was part of a movement to thwart the Trump development on the north end; maybe if that's gone away the push to expand the park slacked off. I heard some talk about it in May when I was there, though.I don't know for sure, but I kind of doubt that, as it would put a lot of guys out of work and take a lot of food off of a lot tables.
But like I said, I don't really know.....I just work here.....nobody tells me anything.