Spearfishing Laws in North Dakota: What Every Spearer Needs to Know
July 14, 2026
North Dakota may be landlocked, but its glacial lakes, massive reservoirs, and winding river systems make it a surprisingly rich destination for spearfishers. The state explicitly permits several forms of spearfishing — from ice-season darkhouse spearing to open-water underwater spearfishing — but each method comes with its own set of rules, gear requirements, and species restrictions.
Whether you plan to slip beneath the surface of Lake Sakakawea with a spear gun or set up a darkhouse on a frozen prairie lake, understanding North Dakota’s spearfishing laws before you go out is not optional. Violations can result in fines, equipment confiscation, and criminal charges. This guide walks you through every major regulation you need to follow under the North Dakota Game and Fish Department’s 2026-28 fishing proclamation, which took effect April 1, 2026.
Is Spearfishing Legal in North Dakota?
Yes, spearfishing is legal in North Dakota. Taking or attempting to take fish from North Dakota waters is limited to specific legal methods, and both darkhouse spear fishing and underwater spearfishing are explicitly included among those permitted methods. That puts spearfishing firmly in the same category as hook-and-line fishing and bow fishing — a recognized, regulated activity rather than a gray area.
North Dakota recognizes two distinct forms of spearfishing: darkhouse spearfishing (conducted through the ice during winter) and underwater spearfishing (conducted while submerged in open water). As of the 2026-28 season, underwater spearfishing has been expanded to a year-round schedule to match bow fishing and above-water spearing seasons. That is a notable change from previous regulation cycles, giving underwater spearers far more flexibility throughout the year.
If you plan to hunt or fish in North Dakota more broadly, it also helps to review the state’s hunting laws in North Dakota to understand how wildlife regulations interact across different activities.
Pro Tip: Always carry a printed or digital copy of the current 2026-28 fishing proclamation when you spearfish. Conservation officers can ask to see it, and the rules differ meaningfully between darkhouse and underwater methods.
Freshwater vs. Saltwater Spearfishing Rules in North Dakota
North Dakota is an entirely landlocked state with no coastline, so saltwater spearfishing is simply not applicable here. All spearfishing in the state takes place in freshwater — lakes, reservoirs, rivers, and streams.
The state’s most prominent spearfishing waters include Lake Sakakawea (one of the largest reservoirs in the United States), Lake Oahe, Devils Lake, Stump Lake, and the Missouri and Yellowstone Rivers. Each of these bodies of water may carry water-specific regulations that go beyond statewide defaults, so checking the full proclamation for the specific water you plan to fish is always necessary.
Water bodies designated as infested with prohibited or regulated Aquatic Nuisance Species (ANS) carry additional restrictions, and the North Dakota Game and Fish Department maintains a current list of affected lakes on its website. Spearfishing in ANS-infested waters does not automatically become illegal, but you must comply with all ANS transport and equipment decontamination rules before moving to another water body.
The Red River and Bois de Sioux River, which form North Dakota’s eastern boundary with Minnesota, also have shared-boundary provisions. Individuals fishing these rivers with a valid license from either North Dakota or Minnesota may fish between the banks separating the two states, and those with the correct valid license may transport caught fish by the most convenient and direct route to their licensed state.
License and Permit Requirements for Spearfishing in North Dakota
A valid North Dakota fishing license is required for all spearfishing activity. Residents and nonresidents age 16 and older need a fishing license, while residents under age 16 may take and possess a limit of fish without one. Any nonresident under age 16 may fish without a nonresident license if accompanied by an individual who holds a valid fishing license.
As of April 1, 2026, the separate online registration requirement for darkhouse spearfishing has been eliminated. In a move toward less red tape, anglers are no longer required to register for darkhouse spearfishing; after 25 years of data collection, the Department has a firm grasp on how this activity impacts northern pike populations. Your standard fishing license is now all you need to participate in darkhouse spearing.
Here is a summary of license costs as of the 2026 fishing year, according to StateOutdoors.org:
| License Type | Cost (as of April 2026) |
|---|---|
| Resident Annual Fishing License | $29 (includes $2 certificate fee) |
| Nonresident Annual Fishing License | $73 (includes $5 certificate fee) |
| Nonresident 3-Day License | Starting at $53 |
| Resident Senior (age 65+) | $10 + $2 certificate fee |
| Paddlefish Tag (residents) | $15 (in addition to fishing license) |
| Paddlefish Tag (nonresidents) | $35 (in addition to fishing license) |
A digital image of a fishing license stored on a mobile device is accepted as a license in possession under North Dakota law. You can purchase licenses online at gf.nd.gov, through the NDGF mobile app, at any regional Game and Fish office, or at retail license vendors statewide. North Dakota residents who are on leave from active duty with the United States military can fish without a license.
Important Note: The Fishing, Hunting, and Furbearer Certificate is a mandatory prerequisite purchased in addition to your fishing license. Residents pay $2 and nonresidents pay $5 for this certificate. Do not overlook it when purchasing your license.
Legal Species and Prohibited Species for Spearfishing in North Dakota
The species you can legally spear in North Dakota depend on which spearfishing method you are using. The rules differ between darkhouse spearing and underwater spearing, so knowing which category applies to your outing is important.
Darkhouse Spearfishing Species
Legal fish for darkhouse spearfishing are northern pike and nongame species statewide. For Stump Lake, the Devils Lake complex south of U.S. Highway 2, and the Missouri River System — including lakes Sakakawea and Oahe and the Missouri River up to the first tributary bridge — walleye are also legal.
As of the 2026-28 season, channel catfish can now be legally harvested while darkhouse spearfishing on the Missouri River System, aligning darkhouse rules with existing open-water and bow-fishing regulations. This is a new addition worth noting if you fish the Missouri River corridor during the ice season.
Underwater Spearfishing Species
The following fish may not be taken with underwater spearfishing gear: muskellunge, paddlefish, and sturgeon. All other species are legal. Smallmouth bass have also been added to the list of legal species for underwater spearers as of the 2026-28 season. This reverses a previous restriction and gives underwater spearers access to one of the state’s most popular sport fish.
It is illegal to take, possess, or transport pallid sturgeon, shovelnose sturgeon, and lake sturgeon in North Dakota — they must be immediately released back into the water from which they were caught. These protections apply regardless of how the fish was taken, including by spear.
Salmon Snagging Season
Fans of the autumn chinook salmon run on Lake Sakakawea will see the reinstatement of the salmon snagging season, and an expansion to include bow and spearing. The season runs from September 25 through October 31 and is restricted to daylight hours only. This is the first time since 1995 that salmon have been available for spearing in North Dakota waters.
If you enjoy other forms of waterfowl and wildlife activity in North Dakota, you may also want to review the duck hunting laws in North Dakota for relevant seasonal regulations.
Gear Restrictions for Spearfishing in North Dakota
North Dakota’s gear rules for spearfishing are specific and strictly enforced. The rules differ between darkhouse and underwater methods, so pay close attention to which set applies to your activity.
Underwater Spearfishing Gear
Legal equipment for underwater spear fishing is rubber-band-powered or pneumatic-powered spear guns only. All spear guns must have the spear attached by a lanyard with a maximum length of twenty feet. Underwater spears may be discharged only when the operator and all equipment are entirely under the surface of the water.
This last rule is particularly important: firing a spear gun while any part of your body or the gun is above the water surface is a violation. There are no exceptions to this requirement.
Bow and Spearfishing (Above-Water)
Bow and spearfishing is legal from April 1 through March 31 of each fishing year and is open in all waters specified for hook-and-line fishing, except for that portion of the Missouri River from the Garrison Dam downstream to the southern boundary of the U.S. Army Corps of Engineers Downstream Recreation Area.
Legal bow equipment is any hand-drawn and released long bow, recurve bow, compound bow, or rubber-band-assisted (sling) bow to which an arrow is attached by a line and equipped with a harpoon-style point or wire-barbed point. Crossbows are prohibited except with a special director’s permit that may be issued if an individual is permanently disabled.
Darkhouse Spearing Gear
Darkhouse spearing takes place through a hole cut in the ice, using a handheld spear deployed from inside a darkened shelter (the “dark house”). The darkness allows spearers to see fish clearly through the ice hole. Decoys used while darkhouse spearfishing are specifically excluded from the general prohibition on attracting fish. This means you may legally use fish decoys to lure northern pike and other legal species within range of your spear.
Spearers are reminded that materials used to mark holes must be in their possession as soon as a hole greater than 10 inches in diameter is made in the ice. Leaving an unmarked large hole in the ice is a safety and regulatory violation.
Pro Tip: For underwater spearfishing, only rubber-band-powered or pneumatic spear guns are legal. CO2-powered or spring-loaded guns not matching these specifications are prohibited. If you are unsure whether your equipment qualifies, contact the North Dakota Game and Fish Department before heading out.
Off-Limits Areas and No-Spearfishing Zones in North Dakota
Even on waters that are generally open to spearfishing, certain locations and proximity rules create no-spearfishing zones you must observe.
Underwater Spearfishing Proximity Restrictions
- Underwater spear fishing is prohibited within 150 feet of any designated swimming or water ski area, boat dock, spillway, or individuals engaged in fishing.
- Underwater spearers must stay within 100 feet of the vertical position of their Diver Down Flag at all times.
- The Diver’s Down Flag must be displayed on the water on a float or buoy during any underwater spear fishing session.
- Individuals who underwater spearfish between sunset and sunrise must display a lighted Diver’s Down Flag and must carry a hand-held light visible from a distance of 150 feet; the handheld light must be displayed when the diver is at the surface.
Darkhouse Spearfishing Closed Waters
All waters open to hook-and-line fishing are open to darkhouse spearing with the following exceptions: East Park Lake, West Park Lake, and Lake Audubon in McLean County, along with any other waters specifically designated as closed in the full proclamation. Always verify the status of your target water before setting up a darkhouse.
Missouri River Closed Stretch
For above-water bow and spearfishing, the portion of the Missouri River from the Garrison Dam downstream to the southern boundary of the U.S. Army Corps of Engineers Downstream Recreation Area is permanently closed to this method. This restriction does not apply to underwater spearfishing, which follows its own set of area rules.
Understanding where you can and cannot fish in North Dakota also connects to broader animal and land-use regulations. For context on how the state manages wildlife-related activities, the roadkill laws in North Dakota and leash laws in North Dakota offer additional perspective on how the state approaches wildlife policy.
Bag Limits and Size Limits for Spearfishing in North Dakota
Bag limits (called “daily creel limits” in North Dakota) and possession limits for spearfishing follow the same statewide standards as hook-and-line fishing, unless a specific exception applies to a particular species or water body.
The daily creel limit is defined as the maximum number of legally taken fish by species that may be harvested from midnight to midnight. No individual may harvest or possess more than North Dakota’s daily limit of fish while on the water or ice or actively engaged in any manner of fishing.
Key statewide limits relevant to spearfishers (as of the 2026-28 proclamation) include:
| Species | Daily Limit | Possession Limit | Notes |
|---|---|---|---|
| Walleye / Sauger / Saugeye (combined) | 5 | 10 | 14-inch minimum on select waters |
| Northern Pike | Varies by water | Varies by water | Primary darkhouse target species |
| White Bass | 30 | 60 | Increased from 20/40 in 2026-28 cycle |
| Nongame Fish | No statewide limit | No statewide limit | Check water-specific rules |
| Muskellunge | Prohibited by spear | N/A | Cannot be taken by any spearing method |
| Sturgeon (all species) | Prohibited / immediate release | N/A | Illegal to possess |
As of the 2026-28 season, white bass daily and possession limits have increased to 30 and 60, respectively — a significant change from the prior 20-fish daily limit. This makes white bass one of the more generous limits available to spearers on open water.
High-grading — culling — is illegal in North Dakota. You cannot throw back smaller legal fish to keep larger ones once your limit is reached. This applies equally to spearfishing as to any other method. Once a fish is taken, it counts toward your daily limit regardless of whether you decide to keep it.
For additional context on how North Dakota manages its wildlife populations, you may find the types of bats in North Dakota and beekeeping laws in North Dakota articles useful for understanding the state’s broader conservation framework.
Important Note: Bag limits and size restrictions can vary significantly by water body. The statewide defaults in the table above are starting points only. Always check the current North Dakota Game and Fish proclamation for the specific lake or river you plan to spearfish before heading out.
Penalties for Spearfishing Violations in North Dakota
North Dakota enforces its fishing regulations through a tiered penalty system that ranges from noncriminal fines to criminal misdemeanor charges, depending on the severity of the violation. Spearfishing violations fall under the same enforcement framework as all other fishing infractions.
Noncriminal Penalties
Exceeding the daily limit by one fish carries a noncriminal penalty of $100. Exceeding the daily limit by more than one fish, or committing a second violation within one year, is a Class B misdemeanor. This noncriminal penalty does not apply to over-limit violations involving paddlefish or muskellunge, which are treated more seriously given their conservation status.
General Violation Penalties
Penalties vary by violation severity but typically include fines ranging from $50 to $500 or more, equipment confiscation, and potential court appearances. Repeat violations carry steeper penalties. Spearfishing without a valid license, using prohibited gear, or taking a prohibited species can each trigger these consequences.
Key violations that spearfishers should specifically avoid include:
- Discharging a spear gun while any part of the operator or equipment is above water
- Failing to display a Diver’s Down Flag during underwater spearfishing
- Spearing within 150 feet of a swimming area, boat dock, spillway, or other angler
- Taking a prohibited species such as muskellunge, paddlefish, or any sturgeon
- Spearing on closed waters without verifying their open status
- Exceeding daily or possession limits for any legal species
- Wasting or abandoning the edible flesh (fillets) of any game fish at the place where taken or between that place and your residence
Misrepresenting your residency to obtain a cheaper license is a violation and carries its own penalties. If you qualify as a nonresident, purchase the appropriate nonresident license — the cost difference is not worth the legal risk.
To report a spearfishing violation or suspected poaching, contact the North Dakota Game and Fish Department’s RAP (Report All Poachers) line at 701-328-9921. Reports can be made anonymously.
North Dakota’s approach to wildlife law enforcement extends beyond fishing. If you want to understand how the state handles other animal-related regulations, explore articles on pit bull laws in North Dakota, German Shepherd laws in North Dakota, and Rottweiler laws in North Dakota for a broader picture of how the state regulates animal ownership and wildlife activity.
Final Thoughts on Spearfishing in North Dakota
Spearfishing in North Dakota is a legal, well-regulated activity with real opportunities across three distinct methods: darkhouse spearing, underwater spearfishing, and above-water bow and spearing. The 2026-28 regulation cycle brought several meaningful changes — year-round underwater spearfishing, the elimination of darkhouse registration, the addition of smallmouth bass as a legal underwater species, and the return of salmon snagging for the first time in decades.
Staying legal means knowing which method you are using, which species are on the approved list for that method, what gear is permitted, and which waters and proximity zones are off-limits. Always carry your valid fishing license, display your Diver’s Down Flag when underwater, and verify water-specific rules before you go. For the most current and complete regulations, visit the North Dakota Game and Fish Department’s official fishing regulations page.