Spearfishing Laws in South Dakota: What You Need to Know Before You Dive In

South Dakota may be landlocked, but it holds thousands of miles of rivers, reservoirs, and lakes that draw serious spearfishers every season. From the Missouri River system to the Minnesota border waters, the state offers real opportunities — for rough fish year-round and even select game fish in designated areas.

Before you strap on a mask and reach for a speargun, though, you need to understand exactly what the law allows. South Dakota’s spearfishing rules are specific about which species you can target, where you can do it, what gear is legal, and when the season is open. Getting any one of those details wrong can cost you your fishing privileges — and your wallet.

This guide breaks down the current spearfishing regulations in South Dakota so you can stay legal and make the most of your time in the water. For a broader look at fishing regulations statewide, check out our full guide to hunting laws in South Dakota.

Pro Tip: Always verify regulations directly with the South Dakota Game, Fish and Parks (SDGFP) before each season, as rules can change annually.

Is Spearfishing Legal in South Dakota?

Yes, spearfishing is legal in South Dakota. Rough fish, excluding protected species, may be taken by legal spear, speargun, dip net, bow and arrow, or crossbow from all inland and border waters year-round, any time of day or night. That’s a broad and permissive baseline for rough fish.

The rules get more specific when it comes to game fish. Game fish may be taken with legal crossbows, spear guns, spears, and bow and arrow in certain areas with the restrictions listed by the state. So spearing game fish isn’t a blanket right — it depends entirely on where you are and when.

South Dakota has no saltwater coastline, so all spearfishing in the state takes place in freshwater. The sport is well-established here, particularly for rough fish like carp and buffalo, and the state’s administrative rules lay out a clear framework for what’s permitted and what isn’t.

Freshwater vs. Saltwater Spearfishing Rules in South Dakota

Because South Dakota is a landlocked state, there are no saltwater spearfishing rules to contend with. Every body of water you’ll encounter — lakes, reservoirs, rivers, and border waters — falls under the state’s freshwater fishing regulations administered by the South Dakota Game, Fish and Parks department.

Freshwater spearfishing in South Dakota divides into two broad categories: rough fish waters and game fish waters. Spears, spearguns, crossbows, and bows and arrows may be possessed on, in, or adjacent to any inland waters and South Dakota-Minnesota boundary waters not posted as no-fishing zones, and may be used in the taking of rough fish at any time.

Game fish spearing, by contrast, is only permitted in specific designated areas and during defined seasons. The Missouri River corridor and the Minnesota and Nebraska border waters each have their own season windows and species rules, which are covered in detail in the sections below. If you fish the Missouri River area for duck hunting, you’ll already know how location-specific South Dakota’s outdoor regulations can be.

Key Insight: South Dakota has no saltwater spearfishing. All regulations apply exclusively to freshwater lakes, rivers, and reservoirs.

License and Permit Requirements for Spearfishing in South Dakota

A standard South Dakota fishing license covers spearfishing for both rough fish and game fish. There is no separate spearfishing-specific permit required on top of your fishing license. However, you do need to make sure your license is valid before you enter the water.

If you’re 18 or older, you’ll need a valid South Dakota fishing license, whether you’re a visitor or a South Dakotan. Anglers under 18 are exempt from the licensing requirement. Nonresidents under age 18 do not need a license to fish and can take their own limit.

A Habitat Stamp is also part of the deal for anyone 18 and over purchasing or applying for an annual fishing license. Created by the state legislature in 2020, this stamp supports habitat protection and improvement. The Habitat Stamp costs $10 for residents and $25 for nonresidents.

Here’s a quick summary of license requirements:

Angler Type	License Required?	Habitat Stamp Required?
Resident, age 18+	Yes	Yes (annual license)
Nonresident, age 18+	Yes	Yes (annual license)
Resident or nonresident, under 18	No	No
1-Day License holder	Yes	No

Getting your South Dakota fishing license is easy and convenient, whether you prefer online transactions or personal interactions. The fastest and most convenient way to get your license is at the SDGFP official website. You can also visit any of the over 400 agent locations across the state.

South Dakota allows you to carry your license in digital form. Download the GFP mobile app, log into your licensing account, and use your smartphone to display your fishing license.

Residency matters for license pricing. To qualify as a resident, you must have a domicile within South Dakota for at least 90 consecutive days immediately preceding the date of application for, purchasing, or attempting to purchase any hunting, fishing, or trapping license or permit.

Legal Species and Prohibited Species for Spearfishing in South Dakota

Understanding which fish you can legally spear is one of the most important parts of staying compliant in South Dakota. The state draws a clear line between rough fish and game fish, and the rules for each category are very different.

Legal Rough Fish for Spearing

All fish species not defined as game fish or baitfish, nor otherwise protected, are rough fish. Rough fish are open to spearing year-round across all inland and border waters, with no closed season. Common legal targets include common carp, buffalo, suckers, sheepshead (freshwater drum), bowfin, burbot, and gar.

Catfish in the Missouri River inland waters are considered rough fish for management purposes and can be taken year-round, any time of day or night. This is an important distinction — catfish are classified as game fish in most other South Dakota waters.

Legal Game Fish for Spearing (Designated Areas Only)

Spearfishing is legal in South Dakota for game fish like walleye, northern pike, trout, and even salmon. The regulations for bag limits and length are the same as for angling. However, this only applies in specific designated waters and during defined seasons.

Game fish, except paddlefish, muskie, and sturgeon, may only be taken with a spear gun, spear, blowgun, crossbow, or bow and arrow from one-half hour before sunrise to one-half hour after sunset in designated areas during the dates listed.

Prohibited Species

Several species are fully off-limits for spearing regardless of location or season:

• Paddlefish — Available by special permit only; cannot be taken by spear.
• Muskie — Explicitly excluded from game fish spearing areas under S.D. Admin. R. 41:07:06:03.
• Sturgeon — Except for lake sturgeon on Big Stone Lake during the specified catch and release season, the season is closed for all sturgeon species in South Dakota inland and border waters.
• Salmonids in the Black Hills — The taking of salmonids within the boundaries of the Black Hills Fisheries Management Area is prohibited.
• Any state or federally listed threatened or endangered species.

Game fish include all species belonging to the paddlefish, salmon/trout (including splake, lake trout, lake herring, and whitefish), sturgeon, pike, catfish (including bullheads), sunfish (including largemouth bass, smallmouth bass, and crappies), perch (including walleye and sauger), and bass families (including white bass).

Gear Restrictions for Spearfishing in South Dakota

South Dakota law permits a range of spearing equipment, but it also places specific restrictions on how and where that gear can be used. Knowing the rules for your equipment is just as important as knowing the species rules.

Permitted Gear

The state recognizes the following as legal spearing equipment for both rough fish and game fish (where applicable):

• Legal spears
• Spearguns
• Crossbows
• Bows and arrows
• Blowguns (inland waters only — not permitted on Nebraska or Minnesota border waters)

Diver-Down Flag Requirements

If you’re diving underwater to spearfish, the diver-down flag requirement is non-negotiable. Divers and anyone using an underwater air supply, including a snorkel, must display a diver-down flag firmly attached to a securely anchored float, rubber tube, diver, or boat while diving. The flag must be at least 12 inches by 15 inches and must be red with a white diagonal strip running from the upper left corner to the lower right corner. Divers must also stay within 75 feet of the flag.

Boats using internal combustion engines may not be operated within 75 feet of a diver-down flag unless the boat is part of or related to the diving activity. Boats under the power of an electric motor may legally be operated within 75 feet of a diver-down flag.

Diver-down flags are not required in areas where motorboat or sailboat operation is prohibited.

Rough Fish Retention Rule

Rough fish taken by spearing or archery must be retained. You cannot shoot a rough fish and release it — once speared, it must be kept. Plan your shots accordingly and only target fish you intend to use.

Important Note: Blowguns are legal on inland waters but are specifically prohibited on both the South Dakota-Nebraska and South Dakota-Minnesota boundary waters. Check your specific water body before packing this gear.

Off-Limits Areas and No-Spearfishing Zones in South Dakota

Even in waters where spearfishing is generally permitted, certain locations within those waters are completely off-limits. Violating these zone restrictions carries the same penalties as other fishing violations.

Universal Exclusion Zones

Underwater spearfishing is not permitted within 100 yards of designated swimming or waterskiing areas, boat docks, power intake tubes, or spillways. This rule applies statewide, regardless of whether you’re targeting rough fish or game fish.

Underwater diving is not permitted where placement of the diver-down flag would restrict boat access at public access ramps or watercraft navigation.

Marina Exclusions

Spearing and archery are prohibited in Angostura Marina and Lewis and Clark Marina. These are two of the most popular recreation areas on South Dakota’s major reservoirs, so this is a rule many anglers encounter.

No-Fishing Zones

Spears, spearguns, crossbows, and bows and arrows may be possessed on, in, or adjacent to any inland waters not posted as no-fishing zones. Any water body posted as a no-fishing zone is automatically off-limits for spearfishing as well. Watch for posted signage before entering any water.

Black Hills Area

The Black Hills Fisheries Management Area carries special restrictions. As noted above, the taking of salmonids in this zone is prohibited by spear or bow. This protects the region’s trout fisheries, which are managed under separate conservation standards. For more on wildlife regulations in this part of the state, see our guide on open range laws in South Dakota.

Bag Limits and Size Limits for Spearfishing in South Dakota

South Dakota keeps the limits straightforward for spearfishers: the same rules that apply to hook-and-line anglers apply to spearers. There’s no separate, more lenient limit for spearfishing.

Length limits are the same as for hook and line fishing. Daily and possession limits are the same as, and in combination with, hook and line limits. This means if you’ve already caught your daily limit of walleye on a rod, you cannot then go spear additional walleye to top off your cooler.

Rough Fish Limits

Most rough fish have no daily or possession limit when taken by spear. Smelt carry a daily limit of 5 gallons with no possession limit. White bass and rock bass have no limit. Carp, buffalo, suckers, sheepshead, gar, bowfin, and burbot are generally unlimited.

Game Fish Limits (Where Spearing Is Permitted)

When spearing game fish in designated areas, you must follow the same harvest and length limits as hook-and-line anglers. These limits vary by water body and species. A few key statewide reference points include:

• Walleye: Minimum length of 15 inches on many waters; daily limits vary by fisheries area.
• Northern Pike: Limits vary by water body; check area-specific regulations.
• Catfish (game fish waters): Limits vary; no daily limit in some Missouri River sections.
• Sturgeon: Closed season statewide except for catch-and-release on Big Stone Lake.
• Paddlefish: Special permit required; not available via spear.

The possession limit is the maximum number of legally harvested fish that a person may possess or control. The fish possession limit is unlimited at a person’s domicile. Nonresidents may not exceed the established possession limit for each species of fish because they do not have a domicile in South Dakota.

Pro Tip: Always check the area-specific exceptions in the SDGFP fishing regulations for your exact water body. Statewide limits are the default, but many lakes and river sections carry their own special rules.

Penalties for Spearfishing Violations in South Dakota

South Dakota takes fishing violations seriously, and spearfishing infractions are treated the same as any other fishing offense. The penalties include criminal charges, civil damages, and loss of fishing privileges — sometimes all three at once.

Civil Damages

Besides criminal penalties, people illegally taking, killing, or possessing game fish may be civilly liable to the state for damages of $50 for each fish with an established daily limit of less than 25, and $200 for each paddlefish. Under certain situations, the amount may double.

Any person who has a judgment issued for not paying civil damages will lose their fishing, hunting, and trapping privileges until the judgment is paid in full. That’s not just fishing — a spearfishing violation can cost you your hunting license too.

License Revocation

If a person is convicted of knowingly trespassing or violating a fishing law punishable as a Class 1 misdemeanor, or substantially exceeding daily or possession limits, or violating any rule pertaining to fishing or possessing fish without a license or during a closed season, the person’s fishing privileges will be revoked for one or more years and the person is prohibited from purchasing or applying for another fishing license during the period of revocation.

Those whose privileges are revoked in South Dakota may be subject to revocation or suspension in other states, including the home state of non-residents. Any person whose fishing privileges are currently revoked or suspended in any state or country may not apply for or buy a license or exercise the same privilege in South Dakota during the period of revocation or suspension.

Common Violations to Avoid

Based on the regulations, here are the most frequent ways spearfishers get into legal trouble in South Dakota:

• Possessing speared game fish in waters not open to game fish spearing
• Spearing within 100 yards of swimming areas, docks, or spillways
• Spearing in Angostura Marina or Lewis and Clark Marina
• Failing to display a diver-down flag while underwater
• Releasing speared rough fish instead of retaining them
• Targeting paddlefish, muskie, or sturgeon with a spear
• Spearing game fish outside of designated season dates or hours
• Operating without a valid fishing license or Habitat Stamp

South Dakota’s wildlife conservation officers actively patrol popular spearfishing waters, especially during peak seasons on the Missouri River and border waters. A licensee shall exhibit the licensee’s license or license authorization issued by GFP upon request by a wildlife conservation officer or other law enforcement officer. Keep your license accessible at all times on the water.

Staying current on South Dakota’s animal and wildlife regulations pays off in every outdoor pursuit. Browse our related guides on pet import laws in South Dakota, transporting livestock laws in South Dakota, and roadkill laws in South Dakota to get a fuller picture of how the state regulates wildlife interactions.

Final Thoughts on Spearfishing in South Dakota

South Dakota offers more spearfishing opportunity than most people expect from a landlocked Great Plains state. Rough fish are open year-round across virtually all inland waters, and select game fish can be legally speared in designated border waters and river sections during defined seasons.

The key is knowing the difference between rough fish and game fish waters, respecting the off-limits zones, flying your diver-down flag properly, and keeping your fishing license current. Get those fundamentals right, and you’ll have a legal and productive time in South Dakota’s waters. When in doubt, contact South Dakota Game, Fish and Parks directly — they’re the authoritative source for any regulation question you can’t answer from the handbook alone.