Spearfishing Regulations in North Dakota

License

North Dakota Fishing License (plus the mandatory Fishing, Hunting, Furbearer Certificate)

Who needs it

Residents and nonresidents age 16 and older need a valid North Dakota fishing license to fish by any legal method, including underwater spearfishing, darkhouse spearing and bow/spear fishing. A separate Fishing, Hunting, Furbearer Certificate must also be purchased each year. As of the 2026-28 season the previously required (free) darkhouse spearfishing registration was eliminated - a fishing license is now the only credential needed to darkhouse spear. 13

Resident cost

Resident annual fishing license $27; married-couple fishing $42; senior (65+) $10; totally/permanently disabled $10; veteran with 50%+ service-related disability $10 - each plus the mandatory $2 Fishing, Hunting, Furbearer Certificate. Combination (fish+hunt+furbearer) license $62. 4

Non-resident cost

Nonresident individual annual fishing $68; married-couple $108; 3-day $48; 10-day $58 - each plus the mandatory $5 Fishing, Hunting, Furbearer Certificate. 5

Where to buy

Online at gf.nd.gov, via the NDGF mobile app, at NDGF offices, and through licensed retail vendors statewide. Licenses run April 1 through March 31. 3

Speargun

Legal ONLY for underwater spearfishing (April 1-March 31, year-round for 2026-28): rubber-band powered or pneumatic powered spear guns only, and the spear must be attached by a lanyard no longer than 20 feet. Spear guns are NOT legal for darkhouse spearing or for above-water bow/spear fishing. 12

Pole spear

A hand/manually powered pole spear is a 'manually powered shaft with barbed points,' which is the legal implement for darkhouse spearing and for above-water spear fishing (nongame, plus Missouri River System channel catfish). For underwater spearfishing only rubber-band or pneumatic spear guns are named as legal equipment. 2

Hawaiian sling

Not named verbatim in North Dakota regulation. A Hawaiian sling is a rubber-band-powered spear; for UNDERWATER spearfishing NDGF names 'rubber band powered ... spear guns' as legal (with the 20-foot lanyard), so a sling-type device appears to fall in that category, but the exact term is not used - confirm with NDGF. Note rubber-band/pneumatic guns are expressly NOT allowed for darkhouse spearing. 12

Spearfishing on SCUBA

Underwater spearfishing necessarily involves free-diving or SCUBA and is expressly permitted (April 1-March 31, year-round for 2026-28) subject to the dive-flag rules; spears may be discharged only when the operator and equipment are entirely underwater. NDGF regulation reviewed does not separately single out SCUBA vs free-diving. Confirm any water-specific dive rules with NDGF. 12

• Underwater spearfishing: muskellunge (pure and hybrid) may NOT be taken 1
• Underwater spearfishing: paddlefish may NOT be taken 1
• Underwater spearfishing: pallid sturgeon and shovelnose sturgeon may NOT be taken 1
• Bow/spear (above-water) fishing: general game fish may NOT be taken - only nongame fish, plus channel catfish in the Missouri River System 2
• Northern pike may not be taken on the Red River with bow equipment 2
• Note: smallmouth bass, prohibited for underwater spearers under older regulations, is legal under the current 2026-28 rules 1

• Underwater spearfishing is allowed only in: the Missouri River (except the Garrison Dam tailrace section), Lake Sakakawea, Lake Oahe, Lake Audubon, Devils Lake, Stump Lake and Spiritwood Lake 12
• Underwater spearfishing is prohibited within 150 feet of any designated swimming or water-ski area, boat dock or spillway, or within 150 feet of individuals engaged in fishing 2
• Darkhouse spearing and bow/spear fishing are open on waters open to hook-and-line fishing EXCEPT the Missouri River from Garrison Dam downstream three miles to the southern boundary of the US Army Corps of Engineers Downstream Recreation Area 2
• Darkhouse spearing is closed on these named waters: East Park Lake, Heckers Lake, Lake Ashtabula, Lake Audubon, Larimore Dam, McClusky Canal, New Johns Lake, Red Willow Lake, West Park Lake, Whitman Dam and Wood Lake 2
• Walleye may be darkhouse-speared only in Stump Lake, the Devils Lake complex south of US Hwy 2, and the Missouri River System (Lakes Sakakawea/Oahe and the Missouri River) up to the first tributary bridge 12

• North Dakota is landlocked - all spearfishing is freshwater only
• Unusual for a landlocked state: genuine UNDERWATER speargun fishing (rubber-band or pneumatic guns) is legal in seven named waters and may take game fish, including walleye, northern pike and smallmouth bass 1
• For the 2026-28 season the UNDERWATER spearfishing season was expanded to a year-round schedule (April 1-March 31) to match bow fishing and above-water spearing 16
• Three separate methods: underwater spearfishing (Apr 1-Mar 31), darkhouse spearing (Nov 15-Mar 15), and bow/spear fishing (Apr 1-Mar 31) 1
• Darkhouse spearing allows only a manually powered barbed shaft - spear guns are NOT allowed through the ice 12
• As of the 2026-28 season, the mandatory (free) darkhouse spearfishing REGISTRATION was ELIMINATED - a valid fishing license is now the only requirement 1
• It is illegal to return any fish to the water after it has been shot or speared 2
• Above-water bow/spear fishing is limited to nongame fish (plus Missouri River System channel catfish); general game fish may not be taken by bow or above-water spear 2
• Underwater spearers need a Diver's Down Flag and must stay within 100 feet of it; night diving requires a lighted flag and a hand-held light visible from 150 feet 12

Fishing without a required license, taking a prohibited species or game fish by an unlawful method, returning a speared fish to the water, or violating gear/area/dive-flag rules violates North Dakota Game and Fish law (N.D. Century Code Title 20.1) and NDGF regulations, and is generally a noncriminal or Class 2 misdemeanor offense punishable by fines, possible license suspension and equipment forfeiture. Specific fine amounts are set by statute and the courts and were not enumerated on the NDGF pages reviewed.

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

1. [1]
   Source 1: North Dakota Game and Fish Department - 2026-28 Fishing Regulations (official agency page): underwater spearfishing season (April 1-March 31, expanded year-round)/waters/prohibited species/dive-flag, darkhouse season/species/registration-eliminated

   Retrieved July 5, 2026 · https://gf.nd.gov/regulations/fishing/2026-28

2. [2]
   Source 2: eRegulations North Dakota fishing mirror (third-party) - used for equipment/closed-waters/150-ft/100-ft/hole-marking/no-return-of-speared-fish detail. CAUTION: as retrieved this mirror is STALE - it still shows the old 2024-26 underwater season (May 1-Nov 30) and the old prohibited-species list (smallmouth bass/'sturgeon'); on any conflict the current NDGF pages (s1/s6) govern

   Retrieved July 5, 2026 · https://www.eregulations.com/northdakota/fishing/fishing-regulations

3. [3]
   Source 3: North Dakota Game and Fish Department - Fishing License (who needs a license, age 16+, exemptions, free fishing days, validity Apr 1-Mar 31, where to buy)

   Retrieved July 5, 2026 · https://gf.nd.gov/fishing/licensing

4. [4]
   Source 4: North Dakota Game and Fish Department - Resident Licenses & Fees (resident fishing $27, married $42, senior/disabled/veteran $10, combination $62, $2 certificate)

   Retrieved July 5, 2026 · https://gf.nd.gov/licensing/resident

5. [5]
   Source 5: North Dakota Game and Fish Department - Nonresident Licenses & Fees (nonresident fishing $68, married $108, 3-day $48, 10-day $58, $5 certificate)

   Retrieved July 5, 2026 · https://gf.nd.gov/licensing/nonresident

6. [6]
   Source 6: North Dakota Game and Fish Department - 'New Fishing Season, A Few Regulations Changes' (Mar/Apr 2026 magazine): confirms underwater spearfishing season EXPANDED to year-round to match bow/above-water spearing, smallmouth bass added to legal underwater species, channel catfish legal darkhouse on Missouri River System, darkhouse registration eliminated

   Retrieved July 5, 2026 · https://gf.nd.gov/magazine/2026/mar-apr/new-fishing-season-a-few-regulations-changes

Is spearfishing legal in North Dakota?

Saltwater spearfishing is restricted in North Dakota, and it is permitted in fresh water, subject to license, gear, species, and area rules. North Dakota is landlocked and has no marine or saltwater coastline, so saltwater spearfishing does not exist here. All spearfishing occurs in fresh water (rivers, reservoirs and…

Do you need a license to spearfish in North Dakota?

Yes. North Dakota requires the North Dakota Fishing License (plus the mandatory Fishing, Hunting, Furbearer Certificate). Resident cost: Resident annual fishing license $27; married-couple fishing $42; senior (65+) $10; totally/permanently disabled $10; veteran with 50%+ service-related disability $10 - each plus the mandatory $2 Fishing, Hunting, Furbearer Certificate. Combination (fish+hunt+furbearer) license $62. Non-resident cost: Nonresident individual annual fishing $68; married-couple $108; 3-day $48; 10-day $58 - each plus the mandatory $5 Fishing, Hunting, Furbearer Certificate.

Can you spearfish on scuba in North Dakota?

Underwater spearfishing necessarily involves free-diving or SCUBA and is expressly permitted (April 1-March 31, year-round for 2026-28) subject to the dive-flag rules; spears may be discharged only when the operator and equipment are entirely underwater. NDGF regulation reviewed…

What can't you spear in North Dakota?

Protected or no-take species you may not spear in North Dakota include: Underwater spearfishing: muskellunge, Underwater spearfishing: paddlefish may NOT be taken, Underwater spearfishing: pallid sturgeon and shovelnose sturgeon may NOT be taken, Bow/spear, Northern pike may not be taken on the Red River with bow equipment, Note: smallmouth bass, prohibited for underwater spearers under older regulations, is legal under the current 2026-28 rules. Always check the full prohibited-species list and current seasons before diving, and confirm with North Dakota Game and Fish Department (NDGF).