Spearfishing in Montana is legal — but only if you know exactly where you are, what you’re targeting, and which gear you’re carrying. The state divides its waters into three fishing districts, each with its own set of spearfishing rules, and the species you can legally harvest underwater differ sharply from one district to the next.
Montana is a landlocked state with no saltwater coastline, so every spearfishing opportunity here happens in rivers, lakes, and reservoirs. That makes understanding the freshwater framework put in place by Montana Fish, Wildlife & Parks (FWP) absolutely non-negotiable before you ever enter the water with a spear in hand.
This guide walks you through the current rules district by district, covering legal species, gear requirements, license obligations, off-limits zones, and the penalties you’ll face if you get it wrong. If you’re also curious about how other states handle underwater fishing, our breakdowns of spearfishing laws in Minnesota and spearfishing laws in Michigan offer useful comparisons.
Is Spearfishing Legal in Montana?
According to Montana Fish, Wildlife & Parks (FWP), spearfishing is legal in Montana, but it comes with specific guidelines that must be followed. The practice is not a free-for-all — it is tightly regulated by species, method, location, and the fishing district in which you’re operating.
Spearfishing had long been outlawed in Western Montana — except for spearfishing northern pike through ice — but officials recently changed the regulations to allow spearfishing while “swimming or submerged in waters open to fishing.” The governor-appointed Fish and Wildlife Commission voted unanimously to pass this amendment in November 2024.
Montana allows spearfishing for certain fish species, such as northern pike and carp, which are often targeted to help manage their populations and protect other native species. Spearfishing for game fish like trout is generally prohibited, reflecting the balance the state seeks to maintain between recreational opportunity and ecological preservation.
Pro Tip: Montana’s spearfishing rules are district-specific and subject to change. Always download the current FWP regulation booklet for your specific district before heading out — over 50 fishing regulation changes were made for the 2025 season alone.
Freshwater vs. Saltwater Spearfishing Rules in Montana
Montana is entirely landlocked, so there are no saltwater spearfishing rules to consider. Every body of water in the state — from the Missouri River to Flathead Lake — falls under the freshwater regulatory framework administered by FWP.
Freshwater spearfishing in Montana is legal for non-game fish in all waters open to angling. In many lakes, you are also allowed to spearfish northern pike. The rules vary significantly depending on which of Montana’s three fishing districts you’re in.
Montana is divided into three distinct fishing districts, each with its own set of standard regulations. The Western Fishing District includes all waters west of the Continental Divide. The Central Fishing District covers waters east of the Continental Divide and west of a specific boundary line that runs roughly from Chester down to Billings. The Eastern Fishing District includes all waters east of the Central Fishing District boundary.
For spearfishing purposes, the Western District has historically been the most restrictive, while the Central and Eastern Districts have allowed submerged spearing of non-game fish in waters open to fishing. The 2025 regulation changes brought Western District rules closer in line with the rest of the state, though important differences remain. For a contrast with how neighboring states approach freshwater-only spearfishing, see our guide on spearfishing laws in Indiana.
License and Permit Requirements for Spearfishing in Montana
A valid fishing license is required for all types of fishing on state waters for anyone 12 or older. A fishing license allows a person to fish for and possess any fish or aquatic invertebrate authorized by the state’s fishing regulations. Spearfishing falls squarely under this requirement — your spear counts as a line under Montana law.
Most anglers over the age of 12 need two licenses to fish in Montana: a Conservation License and a Base Fishing License that is available for 2 days, 10 days, or the full season. A Conservation License includes the State Lands Recreation Use Permit, which covers a combination of fishing, hunting, and trapping.
All anglers also need to purchase an Angler Aquatic Invasive Species Prevention Pass (AISPP) to fish in the state. The AIS Prevention Pass is required for individuals 16 and over who fish in Montana.
- Conservation License — required before purchasing any fishing license; available to residents and nonresidents
- Base Fishing License — available as a 2-day, 10-day, or full-season permit
- Angler AIS Prevention Pass — required for all anglers aged 16 and older
- Paddlefish Tag — required separately if targeting paddlefish; all anglers must purchase a paddlefish tag, and to do so, they must have a valid Conservation License, an AIS Prevention Pass, and a Fishing License
Anyone 11 years old or younger is not required to have a fishing license, including a Conservation or AIS Prevention Pass. Youth anglers 11 or younger must still observe all limits and regulations.
As of 2025, a season-long fishing license costs $31 for residents and $117 for nonresidents. You can purchase licenses online through the Montana FWP licensing portal or in person at any FWP office or authorized license provider. For additional context on how Montana handles other wildlife-related permits, see our overview of hunting laws in Montana.
Important Note: You must carry your fishing license on your person while spearfishing. Game wardens can and do check licenses at the water’s edge and at designated check stations.
Legal Species and Prohibited Species for Spearfishing in Montana
The species you can legally target with a spear in Montana depend almost entirely on which fishing district you’re in. The core distinction is between “game fish” and “non-game fish.” Non-game fish are defined as any wild fish not otherwise legally classified by statute or regulation. These are generally the species you can spear freely in waters open to fishing.
In all waters open to fishing in the Central District, non-game fish may be taken with rubber or spring-propelled spears by persons swimming or submerged. Game fish species may be taken with rubber or spring-propelled spears by persons swimming or submerged, but only from designated waters.
In the Western District, the rules are more restrictive when it comes to game fish. In Western Montana, the only fish that can be legally harvested through spearfishing is northern pike. The nonnative sport fish spread voraciously after being illegally introduced into Northwest Montana in the 1950s. As of 2018, northern pike were present in more than 80 different water bodies in the region.
Northern pike (Esox lucius) are actively encouraged for harvest across much of Western and Central Montana because of the ecological damage they cause to native species. Northern pike throughout the Western District is considered invasive and is often managed to protect endemic fish, and the regulation amendment was designed to enhance sportsmen’s opportunity and increase efforts to control an otherwise known predator fish.
Common non-game fish that can be speared in waters open to angling across Montana include:
- Common carp (Cyprinus carpio)
- Suckers (various species)
- Burbot
- Goldfish
- Other species classified as non-game fish under FWP rules
Prohibited species for spearfishing include all game fish not specifically designated for spearing in your district. This covers trout species (rainbow, brown, bull, lake, and cutthroat), walleye, bass, and yellow perch in most waters. Federal rules also prohibit the attempted take of bull trout unless specifically authorized by state or tribal regulation. Captured sturgeon must be released immediately.
For a side-by-side look at how legal species lists compare across state lines, our articles on spearfishing laws in Ohio and spearfishing laws in Pennsylvania cover similar non-game frameworks.
Gear Restrictions for Spearfishing in Montana
Montana law specifies exactly what types of spearing equipment are permitted. Non-game fish may be taken with rubber or spring-propelled spears by persons swimming or submerged. This language is important — it limits legal spear types to rubber-band-powered and spring-loaded devices, which covers most pole spears and basic spearguns.
Spears and bows are counted as lines for purposes of determining line limits. When multiple lines are allowed on a body of water, the number of lines shall not exceed the combination of attended lines, setlines, or spears. This means your spear counts toward the total number of lines permitted on that water body, so check your district’s line limits before diving.
Spearing may also be used through the ice for designated species in designated waters. Ice spearing has its own set of location and species rules distinct from open-water submerged spearing, so review the specific exceptions for any ice-covered water you plan to target.
- Permitted gear: Rubber-propelled spears, spring-propelled spears (pole spears and basic spearguns)
- Ice spearing: Allowed for designated species in designated waters only
- Prohibited gear: Explosive-powered spearguns, powerheads, and any device using compressed gas or chemical propellant are not authorized under Montana’s rubber/spring-only rule
- Scuba/snorkel: Submerged spearing is permitted, meaning snorkel and freediving are allowed; always check boating safety rules for diving flags and vessel proximity
Pro Tip: Because spears count as fishing lines, you cannot simultaneously use a rod and a spear on waters where only one line is permitted. Plan your method before you enter the water.
Off-Limits Areas and No-Spearfishing Zones in Montana
Even in districts where spearfishing is generally allowed, a number of specific waters and area types are completely off-limits. Knowing these exclusions is just as important as knowing where spearing is permitted.
Waters operated as fish hatcheries and rearing ponds by FWP and the U.S. Fish & Wildlife Service are closed to fishing at all times. Waters in which FWP operates fish traps and other structures are also closed to fishing as posted. These closures apply to all fishing methods, including spearing.
Beyond hatchery closures, the following categories of water are generally off-limits or require special attention for spearfishers:
- Posted private lands: Under the Montana Stream Access Law, the public may use rivers and streams for recreational purposes up to the ordinary high-water marks, but the law does not give recreationists the right to enter private lands bordering those streams or to cross private lands to gain access to streams without landowner permission.
- Tribal waters: Some waters on or near reservations have separate tribal regulations. A Montana state fishing license alone may not be sufficient — contact the relevant tribal authority before fishing.
- Federal Wildlife Refuges: Certain waters on Federal Wildlife Refuges may have special rules, and specific information must be obtained from the headquarters of the federal refuge involved.
- Waters closed by District Exceptions: Hundreds of individual lakes, rivers, and streams have special rules that override standard regulations, listed alphabetically as “District Exceptions” in the official FWP regulation booklet.
In the Western District, the pre-2025 prohibition on submerged spearing meant most lakes and rivers were closed to diving spearfishers. That restriction has been lifted for non-game fish, but individual water body exceptions still exist and must be checked. The current Statewide Fisheries Management Plan includes directives to implement liberal harvest opportunities for northern pike in much of the Kootenai and Swan river drainages, while suggestions for the Flathead River Drainage likewise call for reductions to the number of northern pike and other nonnative fish species.
For a broader look at Montana’s outdoor access rules, our guide on roadkill laws in Montana covers how the state handles wildlife possession in other contexts.
Bag Limits and Size Limits for Spearfishing in Montana
Bag limits and size limits for spearfishing mirror the standard fishing regulations for each species and district. When you harvest a fish by spear, the same daily and possession limits apply as if you had caught it by hook and line.
For non-game fish — the primary legal target for most spearfishers — Montana generally does not impose a bag limit or size limit. You can harvest as many carp, suckers, or other non-game species as you like in waters open to fishing, subject to district rules. It is unlawful to discard game fish; however, dead non-game fish may be treated like fish entrails for disposal purposes (puncture the bladder first so the fish will sink).
For northern pike, which is the main game fish legally available to spearfishers in the Western District, limits vary by water body. Review the specific District Exceptions for the lake or river you plan to dive. Some waters have no limit on pike to encourage population control, while others carry standard limits.
| Species Category | Typical Bag Limit | Size Limit | Notes |
|---|---|---|---|
| Non-game fish (carp, suckers, etc.) | No limit | No limit | Legal in all open waters by submerged spear |
| Northern pike (Western District) | Varies by water body | Varies by water body | Check District Exceptions; many waters have no limit to encourage removal |
| Game fish (Central/Eastern District designated waters) | Same as hook-and-line limits | Same as hook-and-line limits | Only in specifically designated waters; check exceptions |
| Salmon/lake trout (Fort Peck Reservoir) | Per FWP commission rules | Per FWP commission rules | Legal by spear or gig from December through March under rules the commission adopts |
| Bull trout | Prohibited | N/A | Federal ESA-listed; catch-and-release only in designated waters |
| Sturgeon | Zero harvest | N/A | Captured sturgeon must be released immediately |
The possession limit is the number of fish that may be possessed at any time in any form: fresh, stored in freezers or lockers, salted, smoked, dried, canned, or preserved. For species with a daily limit, the possession limit equals the daily limit unless FWP specifies otherwise. Keep this in mind if you plan to store fish from multiple spearfishing trips.
Our articles on spearfishing laws in Florida and spearfishing laws in Virginia show how bag and size limits work in states where saltwater spearing is also on the table — a useful reference if you travel to fish.
Penalties for Spearfishing Violations in Montana
Montana takes fishing violations seriously, and spearfishing offenses are prosecuted under the same framework as all other fishing offenses. Ignorance of the regulations is not a defense — FWP game wardens actively patrol waterways and check stations across the state.
If you don’t follow Montana’s specific fishing rules, you could face penalties that include fines of up to $1,000 or even imprisonment. If you catch more fish than allowed, you will have to pay fines and restitution to the state, which can be quite high for certain species.
The most severe penalties are reserved for the most damaging violations. Illegally introducing fish into any waterbody — often called “bucket biology” — carries severe penalties, including fines up to $10,000 and loss of fishing privileges. While this rule targets illegal stocking, it underscores the state’s commitment to protecting native aquatic ecosystems.
Under Montana Code Annotated § 87-6-501, fishing offenses cover a wide range of unlawful methods, including taking fish with prohibited gear, exceeding bag limits, and taking species not authorized in your district. Spearing a game fish in a district or water body where it is not permitted falls squarely within these provisions.
Common spearfishing violations and their consequences include:
- Spearing a prohibited game fish (e.g., trout in waters not designated for spearing) — misdemeanor fishing offense; fines plus restitution value of the fish
- Exceeding bag or possession limits — fines and mandatory restitution, which escalates for protected species
- Fishing without a valid license or AIS Prevention Pass — citation and fine
- Spearing in a closed water body (hatchery, posted closure, tribal water) — misdemeanor; potential loss of fishing privileges
- Using unauthorized gear (e.g., compressed-gas speargun not permitted under rubber/spring rules) — fishing offense citation
Important Note: To report a spearfishing violation or any fishing offense in Montana, contact FWP at 1-800-TIP-MONT (1-800-847-6668) or use the online reporting tool at Tipmont.mt.gov. Anglers are encouraged to act as stewards of the fishery.
Staying on the right side of the law starts with reading the current FWP regulation booklet for your specific district before every outing. Rules change — over 50 fishing regulations were changed for the 2025 fishing season — and what was legal last year may not be legal today. Download the latest booklet at fwp.mt.gov/fish/regulations and check for District Exceptions for every specific water body you plan to dive.
Montana’s other animal and wildlife laws follow a similarly detailed framework. Our guides on pet vaccination laws in Montana and beekeeping laws in Montana cover additional state regulations worth knowing if you live or spend extended time in Big Sky Country. If you’re comparing spearfishing rules across the region, our rundown of spearfishing laws in New Jersey provides a useful East Coast contrast.