Island Spear Co.

Regulations Montana

Spearfishing Regulations in Montana

Checked against the primary source (Montana FWP) on July 5, 2026state

Governing agency: Montana Fish, Wildlife & Parks (Montana FWP). Last verified July 5, 2026 by independent primary-source check.

Summary

Montana is a landlocked state, so there is no saltwater spearfishing - but it is a genuine freshwater spearfishing state, not just a gigging state. Montana FWP regulations expressly allow taking fish 'with rubber or spring-propelled spears by persons swimming or submerged,' and - unusually for an inland state - allow spearing certain GAME FISH (northern pike, walleye, burbot/ling, whitefish, sauger) in designated waters, in addition to nongame fish. The rules are strongly district-dependent: in the Western Fishing District all waters are closed to spearing of game and nongame fish EXCEPT northern pike, which under the 2026 regulations may be speared in all waters open to fishing (both through the ice and by persons swimming or submerged), plus any District Exceptions; the Central District allows nongame fish statewide by swimming/submerged spearing (game fish only in designated waters); and the Eastern District is the most permissive. A standard Montana fishing license (Conservation License plus, for anglers 16 and older, the AIS Prevention Pass, and a Fishing License) is required and enforced; there is no separate spearing license.

License

What you need to be legal

LegalA license is required
License
Montana Fishing License (plus the Conservation License and Angler Aquatic Invasive Species Prevention Pass that every angler must carry)
Who needs it
Anyone age 12 or older must have a valid fishing license to take fish by any method, including spearing, gigging, or bowfishing, on Montana state waters 56. Most anglers need three items: a Conservation License (required of everyone age 12+), a Fishing License, and - for anglers age 16 and older only - an Angler AIS Prevention Pass (per the FWP regulations, the AIS Prevention Pass is required for individuals 16 and over who fish in Montana) 156. There is no separate or additional spearfishing/spearing license in Montana - the standard fishing license covers spearing 15.
Resident cost
About $31 total for a resident adult (age 18-61) full season: Conservation License $8 + Angler AIS Prevention Pass $2 + season Fishing License $21. Resident youth (age 12-17) and seniors (62+) pay reduced fishing-license rates. 6
Non-resident cost
About $117.50 total for a nonresident adult full season: Conservation License $10 + Angler AIS Prevention Pass $7.50 + season Fishing License $100. Short-term nonresident options (verified against the FWP 2026 fee schedule): a 1-day license is about $31.50 total and a 5-consecutive-day license about $73.50 total - each figure ALREADY INCLUDING the Conservation License ($10) and AIS Prevention Pass ($7.50) on top of the base short-term fishing license ($14 for 1 day, $56 for 5 days) 6.
Where to buy
Online through FWP's Online Licensing System (ols.fwp.mt.gov), at FWP regional offices, and at hundreds of license-provider agents (sporting-goods, bait and tackle, and other retailers) statewide 5.

Exemptions

  • Children age 11 and younger need no fishing license, Conservation License, or AIS Prevention Pass, but must still observe all limits and regulations 56
  • On Mother's Day weekend and Father's Day weekend each year, any person may fish without a Fishing License (paddlefish and bull trout excepted) - Montana's free fishing days 7
  • Special free or reduced licenses exist for Montana residents with disabilities, blind residents, Purple Heart recipients, Legion of Valor members, VA hospital patients, and qualifying care-facility residents and educational programs 5

The full story

The full story

Montana surprises people twice. First, because it is landlocked, many assume it is a 'gigging only, rough fish only' state - but Montana is genuinely a spearfishing state. Its FWP regulations specifically allow fish to be taken 'with rubber or spring-propelled spears by persons swimming or submerged,' which is exactly freediving spearfishing with a pole spear, sling, or band speargun. Second, and more unusual for an inland state, Montana allows spearing of several GAME fish - northern pike, walleye, burbot (ling), whitefish, and sauger - in the right waters, plus chinook salmon and lake trout in one Fort Peck area through the ice. In most landlocked states game fish are rod-and-reel only; Montana is a real exception, and there is no law-versus-practice gap hiding here - these are active, published, enforced allowances with named waters.

The catch is that Montana's spearing rules are district-specific, and you must know which of the three Fishing Districts you are in. The WESTERN District (western Montana - the Clark Fork, Flathead, Bitterroot country) is closed to spearing of both game and nongame fish EXCEPT for northern pike: under the 2026 FWP regulations northern pike may be speared in all waters open to fishing - both through the ice and by a person swimming or submerged - throughout the Western District, plus any additional District Exceptions. (Note: this is an expansion; older digests and some third-party pages still show the Western District as closed except at a specific list of waters, but the official 2026 FWP regulations open northern pike district-wide. Nongame fish remain closed to spearing in the Western District except where a specific water is listed.) The CENTRAL District opens nongame fish to swimming/submerged spearing in all waters open to fishing, but opens game fish only in designated waters (for example, Tiber Reservoir/Lake Elwell lets you spear northern pike, walleye, and burbot both under the ice and while swimming). The EASTERN District (the prairie reservoirs and the Missouri/Yellowstone drainage) is the most permissive: nongame fish, northern pike, burbot, walleye, and whitefish may all be speared while swimming or submerged, with sauger added for through-the-ice spearing. Because the specifics change water by water, the district exception tables in the current FWP regulations are the real authority - do not rely on the general rule alone.

Licensing is straightforward and honest. Anyone 12 or older needs the standard three items every Montana angler carries - a Conservation License, an Angler Aquatic Invasive Species (AIS) Prevention Pass, and a Fishing License - and that standard license covers spearing. There is no special spear permit. Children 11 and under need nothing, and Montana offers free-fishing weekends on Mother's Day and Father's Day. A few gear points matter for divers: for the swimming/submerged method the spear must be rubber- or spring/pneumatic-propelled (a hand-thrown spear does not qualify) - the Central district's wording is 'rubber or pneumatic-propelled' and the Eastern district's is 'rubber or spring-propelled,' so band and pneumatic guns are both squarely fine in the Central district while a pneumatic gun's status in the Eastern district is less explicit; crossbows are flatly unlawful for fish, and while the rules clearly contemplate snorkeling and freediving ('persons swimming or submerged'), they do not squarely address SCUBA - confirm that with FWP before strapping on a tank. Finally, respect the protected species: bull trout, pallid sturgeon, and paddlefish carry heavy protections and are not general spearing targets.

Where it's legal

Saltwater & freshwater

Saltwater

Not permitted

Montana is a landlocked Northern Rockies / Great Plains state with no ocean coastline and no marine (saltwater) waters, so there is no saltwater spearfishing. All Montana spearfishing occurs in fresh water - its rivers, reservoirs, and lakes - and is governed by Montana Fish, Wildlife & Parks under the annual Montana Fishing Regulations 1.

Freshwater

Legal

Freshwater spearing is legal but the rules are set district by district. A 'spear' under FWP rules is any sharp-pointed instrument, with or without barbs, used to capture or kill fish by penetrating the body, and spears may be hand-propelled or spring/rubber-propelled 1. WESTERN Fishing District: all waters are CLOSED to spearing of game and nongame fish EXCEPT for northern pike - the 2026 FWP regulations open northern pike spearing in all waters open to fishing, both through the ice AND by persons swimming or submerged, in addition to any waters named under District Exceptions (the Western District standard regulation reads: 'All waters are closed to spearing of game and nongame fish except open for spearing northern pike through the ice, and by person swimming or submerged in waters open to fishing, or as otherwise noted under District Exceptions,' and the Northern Pike species entry states 'All waters are open for spearing through the ice and in open water by a person swimming or submerged...'). Nongame fish remain closed to spearing in the Western District except where a specific water is opened under District Exceptions 2. CENTRAL Fishing District: in all waters open to fishing, NONGAME fish may be taken with rubber or pneumatic-propelled spears by persons swimming or submerged, while GAME fish may be speared by swimming/submerged persons only in designated waters (note: the Central district's official method wording is 'rubber or pneumatic-propelled,' whereas the Eastern district's is 'rubber or spring-propelled' - the wording differs by district in the FWP regulations); spearing through the ice is allowed for designated species in designated waters (e.g. Lake Elwell/Tiber Reservoir allows nongame fish, northern pike, walleye and burbot both through the ice and while swimming/submerged; Canyon Ferry, Pishkun and Toston Dam reservoirs allow northern pike through the ice) 3. EASTERN Fishing District: in all waters open to fishing, nongame fish, northern pike, burbot (ling), walleye and whitefish may be taken with rubber or spring-propelled spears by persons swimming or submerged, and spears or gigs may be used through the ice for nongame fish, northern pike, walleye, sauger and burbot; a Fort Peck Reservoir area (Dam to Beauchamp Creek) additionally allows spearing chinook salmon and lake trout through the ice Dec. 1 - March 31 4.

Gear

What you can carry

Speargun
Band/rubber-powered spearguns are covered by the 'rubber-propelled' spear category and are allowed for the swimming/submerged method in every district where spearing is open (a hand-thrown spear is NOT allowed for the swimming/submerged method) 34. Pneumatic spearguns: the CENTRAL Fishing District's official method wording expressly permits 'rubber or pneumatic-propelled' spears for persons swimming or submerged, so a pneumatic speargun is squarely allowed there 3. The EASTERN Fishing District's wording, by contrast, is 'rubber or spring-propelled' and does not name pneumatic, so a purely pneumatic gun's status in the Eastern district is not explicit - confirm with FWP for Eastern waters (s4; see unverified). All spearing is subject to the district rules above 1.
Pole spear
A rubber-powered pole spear (Hawaiian-style) fits the 'rubber-propelled spear' category and is appropriate for the swimming/submerged method where open. A purely hand-jabbed pole spear would count as 'hand-propelled' - permitted generally under the spear definition and usable through the ice or for gigging, but the swimming/submerged method specifically calls for rubber or spring propulsion 134.
Hawaiian sling
Not named by that term in the regulations. A Hawaiian sling is a rubber-propelled spear, so it fits the 'rubber-propelled spear' method Montana allows for persons swimming or submerged in open districts/waters 34. Use is governed entirely by the district spearing rules 234.
Spearfishing on SCUBA
Montana's rules expressly allow taking fish by spear by 'persons swimming or submerged,' which plainly covers snorkeling/freediving; the regulations reviewed do not specifically authorize or prohibit the use of SCUBA (self-contained underwater breathing apparatus) for spearfishing. Treat SCUBA spearfishing as not clearly addressed and confirm with FWP before using it (see unverified) 34.

Gear restrictions

  • A spear counts as a 'line' for line-limit purposes - it may be combined with attended lines/setlines but the total may not exceed the water's line limit (e.g. a six-line limit could be five setlines plus one spear) 1
  • For the swimming/submerged method the spear must be rubber- or spring/pneumatic-propelled (not hand-thrown); the exact wording differs by district - the Central district says 'rubber or pneumatic-propelled,' the Eastern district says 'rubber or spring-propelled' 34
  • There is no size limit for a hole used for spearing through the ice (ordinary ice-fishing holes are limited to 144 square inches or 12 inches across) 1
  • Crossbows are unlawful for taking fish in Montana 1
  • Bowfishing is generally restricted and district-dependent: the Eastern District opens waters open to angling to taking nongame fish by bow and arrow (and paddlefish only with a valid paddlefish tag on an open harvest day), while other districts limit bow-and-arrow take to district exceptions - check the specific water 4
  • You may not exceed a species' daily/possession limit by any method, including spearing 1

Do not spear

Prohibited species

  • Game fish may NOT be speared except where a district/water specifically designates them - outside those designated waters, spearing game fish (trout, bass, walleye, sauger, northern pike, whitefish, sturgeon, burbot, perch, etc.) is prohibited 234
  • In the WESTERN Fishing District, spearing of game and nongame fish is closed statewide EXCEPT for northern pike (a game fish), which the 2026 regulations open in ALL waters open to fishing - through the ice and by swimming/submerged - plus any District Exceptions; nongame fish stay closed to spearing in the Western District except where a specific water is opened under District Exceptions 2
  • Trout and char (including bull trout, a protected species) are game fish and are not open to spearing except where a specific water names them - e.g. lake trout only in the Fort Peck Dam-to-Beauchamp Creek area through the ice Dec. 1 - March 31 4
  • Sturgeon (family Acipenseridae, including the endangered pallid sturgeon) are game fish and are not a spearing species 1
  • Paddlefish may not be speared - paddlefish may only be taken by snagging/bow with a valid paddlefish tag during an open paddlefish harvest period 4
  • Bass, sunfish, crappie and yellow perch are game fish and are not open to spearing unless a specific designated water lists them (they are not among the game species the districts open to spearing) 134

Where you can't

Area restrictions

  • Western Fishing District: all waters closed to spearing of game and nongame fish EXCEPT northern pike, which is open in all waters open to fishing (through the ice and by swimming/submerged) plus any District Exceptions; nongame open only where a specific water is listed as an exception (see freshwater notes) 2
  • Central Fishing District: game fish may be speared by swimming/submerged persons only in designated waters; through-the-ice spearing only for designated species in designated waters 3
  • Eastern Fishing District: broadest access, but water-specific exceptions apply - e.g. Lake Elmo prohibits bow-and-arrow fishing; Fort Peck Dredge Cuts restrict methods; Fort Peck (Dam to Beauchamp Creek) allows chinook salmon and lake trout spearing through the ice only Dec. 1 - March 31 4
  • Setlines are not allowed in the Western Fishing District (a general district method restriction, not spear-specific) 1
  • Waters designated for special regulations, closures, or species protections (e.g. bull trout / pallid sturgeon waters) can override general spearing rules - always check the specific water's listing 234

Worth knowing

Notable rules, seasons & limits

  • Montana is a genuine freshwater spearfishing state: its rules expressly allow taking fish 'with rubber or spring-propelled spears by persons swimming or submerged,' i.e. freediving/spearfishing, not merely gigging or ice-spearing 34
  • Unusually for a landlocked state, Montana lets you spear GAME FISH in designated waters - northern pike, walleye, burbot (ling), whitefish, sauger, and (in one Fort Peck area) chinook salmon and lake trout 34
  • The rules differ sharply by district: Western is closed to game and nongame spearing EXCEPT northern pike (which is open in all waters open to fishing, ice and swimming/submerged, plus District Exceptions), Central opens nongame statewide plus game fish in designated waters, Eastern is the most permissive 234
  • For the swimming/submerged method the spear must be rubber- or spring/pneumatic-propelled (a hand-thrown spear does not qualify); the district wording differs - Central says 'rubber or pneumatic-propelled,' Eastern says 'rubber or spring-propelled' 34
  • No separate spearing license exists - the standard fishing license (Conservation License + AIS Prevention Pass + Fishing License) covers spearing 15
  • There is no size limit on an ice hole used for spearing, unlike ordinary ice-fishing holes 1
  • Crossbows are unlawful for taking fish; bowfishing for nongame fish is allowed broadly in the Eastern District but is otherwise district-restricted 14

What divers here typically use

Gear up for Montana spearfishing

Where spearfishing is allowed in Montana, this is the core kit divers assemble before their first day in the water. Our honest guide to the Beginner Spearfishing Gear List walks through what to look for — curated from published specs and community consensus, not paid placement.

If you break them

Penalties

Taking fish by spear in a closed district or non-designated water, spearing a species not open to spearing there, spearing without the required Conservation License, AIS Prevention Pass, and Fishing License, or exceeding limits violates Montana's fishing regulations and Title 87 (Fish and Wildlife) of the Montana Code Annotated. Violations are generally misdemeanors carrying fines, and more serious or repeat offenses can bring higher fines, jail, mandatory restitution for the value of illegally taken fish (elevated for high-value or protected species such as bull trout, sturgeon, and paddlefish), and suspension or revocation of fishing/hunting privileges; equipment used in a violation may be seized. Exact fine and restitution schedules were not read from the primary criminal statutes in this pass (see unverified). 1

Not yet independently confirmed — verify directly

  • PNEUMATIC speargun status is district-specific in the official 2026 FWP regulations PDF (verified by direct pdftotext extraction, government source). The CENTRAL Fishing District expressly permits 'rubber or pneumatic-propelled' spears for persons swimming or submerged, so a pneumatic gun IS allowed there. The EASTERN Fishing District, however, says 'rubber or spring-propelled' and does not name pneumatic. The general SPEAR definition lists 'spring or rubber band.' Because a pure pneumatic gun is not named in the Eastern district wording, its status specifically in the Eastern district is not explicit and should be confirmed with FWP. (An earlier verification pass incorrectly reported the Central wording as 'spring-propelled' after reading the third-party eRegulations digest; the government PDF settles it as 'pneumatic' for the Central district. FWP rulemaking Proposal #26 would further clarify the wording toward 'rubber or spring pneumatic propelled.')
  • Whether open-circuit SCUBA is permitted for spearfishing: the rules authorize taking fish by spear by 'persons swimming or submerged' (clearly covering snorkeling/freediving) but do not specifically address SCUBA; it is neither expressly authorized nor prohibited in the sections reviewed.
  • Exact criminal fine amounts, restitution/value-of-fish schedules, and equipment-seizure specifics for spearing violations were not read from the primary criminal statutes (Montana Code Annotated Title 87); the penalty summary is stated in general terms.
  • The complete, current water-by-water lists of designated spearing waters in each district can change annually; the specific waters named here are examples read from the 2026 digest and should be confirmed against the current FWP regulations for the exact water and season you intend to spear.
  • Whether spearing/gigging is subject to any additional daylight-hours or method-restriction rules beyond those noted (e.g. night-spearing rules) was not separately confirmed from a primary source in this pass.

Confirm these points directly with Montana Fish, Wildlife & Parks (Montana FWP) before you rely on them.

Primary sources

Sources

Every fact above is drawn from these official sources. Each was retrieved on the date shown; regulations can change after that date.

  2. Source 2: Montana FWP - 2026 Montana Fishing Regulations (official FWP government PDF), Western Fishing District standard regulations (~p.21) and Northern Pike species entry: 'All waters are closed to spearing of game and nongame fish except open for spearing northern pike through the ice, and by person swimming or submerged in waters open to fishing, or as otherwise noted under District Exceptions'; Northern Pike entry 'All waters are open for spearing through the ice and in open water by a person swimming or submerged...'. (Government PDF is authoritative; the third-party eRegulations digest at eregulations.com/montana/fishing/western-fishing-district lagged this and still showed the Western district as closed except District Exceptions as of retrieval - do NOT rely on it.)

    Retrieved July 5, 2026https://fwp.mt.gov/binaries/content/assets/fwp/fish/regulations/2026-fishing-regulations-final-for-web.pdf

  3. Source 3: Montana FWP - 2026 Montana Fishing Regulations (official FWP government PDF), Central Fishing District standard regulations (~p.46): 'Submerged Spearing: In all waters open to fishing, nongame fish may be taken with rubber or pneumatic-propelled spears by persons swimming or submerged. Game fish species may be taken with rubber or pneumatic-propelled spears by persons swimming or submerged but only from designated waters. Ice Spearing: Spearing may be used through the ice for designated species in designated waters.' Designated waters incl. Tiber Reservoir/Lake Elwell, Canyon Ferry, Toston. (Replaces prior broken/404 eRegulations URL; browsable digest mirror: eregulations.com/montana/fishing/central-fishing-district.)

    Retrieved July 5, 2026https://fwp.mt.gov/binaries/content/assets/fwp/fish/regulations/2026-fishing-regulations-final-for-web.pdf

  4. Source 4: Montana FWP - 2026 Montana Fishing Regulations (official FWP government PDF), Eastern Fishing District standard regulations (~p.72): 'In all waters open to fishing, nongame fish, northern pike, burbot (ling), walleye and whitefish may be taken with rubber or spring-propelled spears by persons swimming or submerged. Spears or gigs may be used through the ice for nongame fish, northern pike, walleye, sauger and burbot (ling).' Fort Peck (Dam to Beauchamp Creek): chinook salmon and lake trout by spear or gig through the ice Dec. 1 - March 31; Lake Elmo / Fort Peck Dredge Cuts exceptions. (Browsable digest mirror: eregulations.com/montana/fishing/eastern-fishing-district.)

    Retrieved July 5, 2026https://fwp.mt.gov/binaries/content/assets/fwp/fish/regulations/2026-fishing-regulations-final-for-web.pdf

Quick answers

Frequently asked questions

Is spearfishing legal in Montana?
Saltwater spearfishing is restricted in Montana, and it is permitted in fresh water, subject to license, gear, species, and area rules. Montana is a landlocked Northern Rockies / Great Plains state with no ocean coastline and no marine (saltwater) waters, so there is no saltwater spearfishing. All Montana…
Do you need a license to spearfish in Montana?
Yes. Montana requires the Montana Fishing License (plus the Conservation License and Angler Aquatic Invasive Species Prevention Pass that every angler must carry). Resident cost: About $31 total for a resident adult (age 18-61) full season: Conservation License $8 + Angler AIS Prevention Pass $2 + season Fishing License $21. Resident youth (age 12-17) and seniors (62+) pay reduced fishing-license rates. Non-resident cost: About $117.50 total for a nonresident adult full season: Conservation License $10 + Angler AIS Prevention Pass $7.50 + season Fishing License $100. Short-term nonresident options (verified against the FWP 2026 fee schedule): a 1-day license is about $31.50 total and a 5-consecutive-day license about $73.50 total - each figure ALREADY INCLUDING the Conservation License ($10) and AIS Prevention Pass ($7.50) on top of the base short-term fishing license ($14 for 1 day, $56 for 5 days).
Can you spearfish on scuba in Montana?
Montana's rules expressly allow taking fish by spear by 'persons swimming or submerged,' which plainly covers snorkeling/freediving; the regulations reviewed do not specifically authorize or prohibit the use of SCUBA (self-contained underwater breathing apparatus) for…
What can't you spear in Montana?
Protected or no-take species you may not spear in Montana include: Game fish may NOT be speared except where a district/water specifically designates them, In the WESTERN Fishing District, spearing of game and nongame fish is closed statewide EXCEPT for northern pike, Trout and char, Sturgeon, Paddlefish may not be speared, Bass, sunfish, crappie and yellow perch are game fish and are not open to spearing unless a specific designated water lists them. Always check the full prohibited-species list and current seasons before diving, and confirm with Montana Fish, Wildlife & Parks (Montana FWP).

Stay current

Get an email when Montana's size & bag limits change

Regulations shift between seasons. We re-check Montana's rules against the primary source and send a short note when the limits, seasons, or licensing move — nothing else.

No spam. Regulations updates, gear data drops, and the launch of the guide.

Last verified July 5, 2026. Regulations change — always confirm the current rules with Montana Fish, Wildlife & Parks (Montana FWP) before you dive.

← All regulations