Island Spear Co.

Regulations West Virginia

Spearfishing Regulations in West Virginia

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

Governing agency: West Virginia Division of Natural Resources (WVDNR). Last verified July 5, 2026 by independent primary-source check.

Summary

West Virginia is a landlocked state with no saltwater, so all spearfishing is freshwater only. Underwater spearfishing is legal but narrow: only NONGAME fish may be speared, and only from July 1 through September 30 during daylight hours. Game fish - which in West Virginia includes all trout, bass, walleye, sauger, musky, pike, crappie, sunfish and all three catfish species - may never be taken by spear. A valid West Virginia fishing license is genuinely required and enforced, and specific gear, flag and disposal rules apply.

License

What you need to be legal

LegalA license is required
License
West Virginia Fishing License (Class B resident / Class F nonresident) plus Class O/OO Trout Stamp when fishing for or possessing trout
Who needs it
Anyone who fishes by any method, including underwater spearfishing, generally needs a valid West Virginia fishing license. Youth under 15 - resident or nonresident - do not need one; several statutory categories are also exempt (see exemptions). Resident anglers who hold a Class B license must also carry a $5 Conservation Stamp (Class CS), and nonresident Class F anglers a $13 Conservation/Law-Enforcement Stamp (Class CS/LE). A trout stamp is additionally required to fish for or possess trout, though trout are game fish and cannot be speared. 14
Resident cost
Resident Annual Fishing (Class B) $19.00 - plus a required $5.00 Conservation Stamp (Class CS) for Class B holders; Resident Five-Day Fishing (Class L) $8.00; Resident Senior (Class XS, age 65+) $25.00 (includes trout stamp); Junior Sportsman (Class XJ, ages 15-17) $16.00; Trout Stamp (Class O) $10.00. 14
Non-resident cost
Nonresident Annual Fishing (Class F) $37.00 - plus a required $13.00 Conservation/Law-Enforcement Stamp (Class CS/LE) for Class F holders; Nonresident One-Day Fishing (Class LL) $3.00; Nonresident Trout Stamp (Class OO) $16.00. 14
Where to buy
Online through the WVDNR Electronic License System (WVhunt.com), at 300+ authorized retail agents statewide, or by phone through the WVDNR License Unit. 14

Exemptions

  • Youth under 15 years of age, resident OR nonresident (the published exemption reads 'Nonresidents or residents under 15 years of age') 14
  • Resident landowners or their resident children, resident parents, or bona fide resident tenants fishing on their own land 4
  • Residents who are totally blind (physician's statement required) 4
  • Residents who turned 65 before January 1, 2012 4
  • Active-duty military on leave 4
  • Disabled veterans with a 100% service-connected disability 4
  • Developmentally disabled residents holding a DD/FL card 4

The full story

The full story

West Virginia is landlocked, so 'spearfishing' here means freshwater only, and it is far narrower than in coastal states. WVDNR allows underwater spearfishing of NONGAME fish only, and only during a three-month window (July 1 - September 30) in daylight hours. Everything the state classifies as a game fish is off-limits to a spear - and West Virginia's game-fish list is broad: all trout, black bass, chain pickerel, muskellunge, northern pike, tiger musky, the true basses (striped, white, hybrid), walleye, sauger, rock bass, crappie, bluegill and every sunfish, and - notably - all three catfish species (channel, flathead and blue). Divers who assume catfish are fair game because they are 'rough fish' elsewhere are wrong here: in West Virginia catfish are game fish and cannot be speared. This is the classic game-fish-vs-nongame split, just drawn more restrictively than in many states.

On the license question there is no law-vs-practice gap: West Virginia genuinely issues and enforces a fishing license for spearfishers just like any other angler, and a broad set of resident exemptions (under-15, qualifying landowners, blind residents, certain seniors, disabled veterans, active military on leave) is codified and honored in practice. So license.required is true because that reflects reality, not just statute.

One text nuance worth flagging: the Code of State Rules (58-60-11.5.1) phrases the season as 'Nongame fish, EXCEPT catfish, may be taken by underwater spearfishing,' while the plain-English WVDNR summary just says 'Nongame fish.' These are not in conflict - catfish are separately defined as game fish - but the 'except catfish' wording is the primary source's way of removing any doubt that catfish (which some anglers think of as nongame) are protected from spearing.

Finally, watch the water boundary. Some West Virginia border waters - Jennings Randolph Lake and stretches of the Potomac River - are governed by Maryland's regulations, which differ. Confirm which state's rules apply to the exact water before you get in.

Where it's legal

Saltwater & freshwater

Saltwater

Not permitted

West Virginia is landlocked and has no marine or saltwater coastline, so saltwater spearfishing does not exist here. All spearfishing occurs in fresh water (rivers, streams, lakes and impoundments) under WVDNR rules.

Freshwater

Legal

Underwater spearfishing is legal for NONGAME fish only, from July 1 through September 30, during daylight hours only. Game fish may not be taken while spearfishing. West Virginia's game-fish list (which is off-limits to spearing) includes all trout, black bass (largemouth, smallmouth, spotted), chain pickerel, muskellunge, northern pike, tiger musky, striped bass, white bass, hybrid striped bass, walleye, sauger, rock bass, black and white crappie, bluegill and all sunfish, channel/flathead/blue catfish, and all game-fish hybrids. Spearing is prohibited on the named Elk River and New River sections. Separately, gigging, snagging and snaring of nongame fish, certain turtles and eels is allowed January 1 - May 15 and July 15 - December 31 (suckers, carp, fallfish and creek chubs may be snared year-round), but not within 100 feet of any U.S. Army Corps of Engineers lock or dam; game fish may not be gigged, snagged or snared. 123

Gear

What you can carry

Speargun
Permitted for underwater spearfishing of nongame fish in season. A speargun may be discharged only beneath the surface of the water. It is illegal to use a bolt with an explosive head or shaft or a bolt dipped in or smeared with poison or other chemicals. 123
Pole spear
Not separately named in West Virginia regulations. As a hand-propelled underwater spear it falls under the general 'underwater spearfishing' rules (nongame fish only, July 1 - Sept 30, daylight only). The 'discharge only beneath the surface' rule is written for spearguns. 12
Hawaiian sling
Not named in West Virginia regulations. As a hand-powered underwater spearfishing device it would fall under the general underwater spearfishing rules (nongame fish only, in season, daylight only). Not expressly authorized or prohibited by name. 2
Spearfishing on SCUBA
WVDNR's spearfishing rules do not prohibit SCUBA for underwater spearfishing, and the diver-down flag rules assume divers may be submerged. (Note: SCUBA and any artificial breathing apparatus ARE expressly banned for the separate activity of catfish hand-fishing/'noodling,' but that is a different method, not spearfishing.) A compliant diver-down flag is required and divers must surface within 100 feet of the flag. 13

Gear restrictions

  • Spearguns may be discharged only beneath the surface of the water 12
  • Bolts with explosive heads/shafts or dipped/smeared with poison or other chemicals are illegal 12
  • A 'diver down flag' - a red field at least 10 in x 10 in with a white diagonal stripe at least 1.5 in wide - must be displayed at all times on a separate flotation device, with its top at least 3 feet above the water; it may not be attached to a navigational device or obstruct boat traffic 1
  • Divers must come up within 100 feet of the flag; all powerboats must remain at least 100 feet from the marker flag 1
  • A diver may not spearfish so as to interfere with other anglers, or in heavily traveled boat lanes, marked swimming areas or marked waterskiing areas 1
  • Fish taken by spearfishing may not be returned to the water or left on the bank 1

Do not spear

Prohibited species

  • ALL game fish are off-limits to spearing. West Virginia defines game fish as: all trout (Brook, Brown, Rainbow, Golden Rainbow, Tiger); black bass (Largemouth, Smallmouth, Spotted); Chain Pickerel; Muskellunge; Northern Pike; Tiger Musky; Striped Bass; White Bass; Hybrid Striped Bass; Walleye; Sauger; Saugeye; Rock Bass; Black and White Crappie; Bluegill and all sunfish species; Channel Catfish; Flathead Catfish; Blue Catfish; and all game-fish hybrids 1
  • All three catfish species (Channel, Flathead, Blue) are classified as GAME FISH in West Virginia and therefore may not be speared; the CSR reinforces this by expressly excepting catfish from the nongame spearfishing allowance 12
  • Paddlefish and Shovelnose Sturgeon carry a zero possession limit and must be returned to the water immediately, so they may not be speared (and speared fish cannot be released) 1
  • Any threatened or endangered aquatic species protected under West Virginia law

Where you can't

Area restrictions

  • Spearfishing is prohibited on the Elk River from Sutton Dam downstream to the U.S. Route 19 bridge at Sutton 1
  • Spearfishing is prohibited on the New River from Bluestone Dam downstream to the lower bridge at Hinton 1
  • A diver may not spearfish in heavily traveled boat lanes, marked swimming areas or marked waterskiing areas, or in a manner that interferes with other anglers 1
  • Gigging and snagging are prohibited within 100 feet of all U.S. Army Corps of Engineers Locks and Dams and their appurtenances 12
  • Some border waters (e.g., Jennings Randolph Lake, the Potomac River) follow Maryland regulations - verify the governing state's rules before spearing 1

Worth knowing

Notable rules, seasons & limits

  • West Virginia has no saltwater; all spearfishing is freshwater only
  • Spearfishing has a narrow legal window: NONGAME fish only, July 1 - September 30, daylight hours only 13
  • Because all three catfish species are game fish in West Virginia, they cannot be speared - a common surprise for divers used to catfish being 'rough fish' elsewhere 12
  • Speared fish may not be returned to the water or left on the bank - you keep what you spear 1
  • A compliant diver-down flag (10x10 in red field, 1.5 in white diagonal stripe, top 3 ft above water, on separate flotation) is mandatory, and divers must surface within 100 feet of it 1
  • Bow fishing is a separate method also limited to nongame fish; game fish may not be taken by bow, gig, snag or snare either 13

What divers here typically use

Gear up for West Virginia spearfishing

Where spearfishing is allowed in West Virginia, 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

Fishing by any method (including spearing) without a required license, taking game fish by spear, or spearing out of season or in a prohibited area violates West Virginia's fishing regulations (W. Va. C.S.R. Series 58-60) and Chapter 20 of the West Virginia Code. Violations are misdemeanors subject to fines, possible jail, replacement/restitution costs and suspension or revocation of fishing privileges. Specific fine amounts are set by statute and were not enumerated on the WVDNR pages consulted.

Not yet independently confirmed — verify directly

  • Exact criminal fine/penalty dollar amounts for spearing violations - set in W. Va. Code Chapter 20, not enumerated on the WVDNR pages consulted
  • Whether individual state parks, U.S. Army Corps lakes, or municipal water managers impose additional diving/spearing restrictions beyond the statewide rules - likely but not individually verified

Confirm these points directly with West Virginia Division of Natural Resources (WVDNR) 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.

  3. Source 3: WVDNR official digital fishing regulations (eRegulations, WVDNR's contracted publisher) - Fishing Regulations / Methods

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

  4. Source 4: WVDNR official digital regulations (eRegulations) - Fishing Licenses and Fees (prices, classes, exemptions)

    Retrieved July 5, 2026https://www.eregulations.com/westvirginia/fishing/fishing-lincenses-and-fees

  5. Source 5: WVDNR - Fishing Regulations hub (official agency page)

    Retrieved July 5, 2026https://wvdnr.gov/fishing/fishing-regulations/

Quick answers

Frequently asked questions

Is spearfishing legal in West Virginia?
Saltwater spearfishing is restricted in West Virginia, and it is permitted in fresh water, subject to license, gear, species, and area rules. West Virginia is landlocked and has no marine or saltwater coastline, so saltwater spearfishing does not exist here. All spearfishing occurs in fresh water (rivers, streams, lakes…
Do you need a license to spearfish in West Virginia?
Yes. West Virginia requires the West Virginia Fishing License (Class B resident / Class F nonresident) plus Class O/OO Trout Stamp when fishing for or possessing trout. Resident cost: Resident Annual Fishing (Class B) $19.00 - plus a required $5.00 Conservation Stamp (Class CS) for Class B holders; Resident Five-Day Fishing (Class L) $8.00; Resident Senior (Class XS, age 65+) $25.00 (includes trout stamp); Junior Sportsman (Class XJ, ages 15-17) $16.00; Trout Stamp (Class O) $10.00. Non-resident cost: Nonresident Annual Fishing (Class F) $37.00 - plus a required $13.00 Conservation/Law-Enforcement Stamp (Class CS/LE) for Class F holders; Nonresident One-Day Fishing (Class LL) $3.00; Nonresident Trout Stamp (Class OO) $16.00.
Can you spearfish on scuba in West Virginia?
WVDNR's spearfishing rules do not prohibit SCUBA for underwater spearfishing, and the diver-down flag rules assume divers may be submerged. (Note: SCUBA and any artificial breathing apparatus ARE expressly banned for the separate activity of catfish hand-fishing/'noodling,' but…
What can't you spear in West Virginia?
Protected or no-take species you may not spear in West Virginia include: ALL game fish are off-limits to spearing. West Virginia defines game fish as: all trout, All three catfish species, Paddlefish and Shovelnose Sturgeon carry a zero possession limit and must be returned to the water immediately, so they may not be speared, Any threatened or endangered aquatic species protected under West Virginia law. Always check the full prohibited-species list and current seasons before diving, and confirm with West Virginia Division of Natural Resources (WVDNR).

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Last verified July 5, 2026. Regulations change — always confirm the current rules with West Virginia Division of Natural Resources (WVDNR) before you dive.

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