Spearfishing Laws in West Virginia: What You Need to Know Before You Dive

West Virginia may be a landlocked state, but its rivers, lakes, and mountain streams give divers and anglers a real reason to gear up. If you have been wondering whether spearfishing is legal here — and exactly what you are allowed to do — the short answer is yes, with significant restrictions. The state permits underwater spearfishing for a narrow category of fish during a specific seasonal window, and the rules are enforced by the West Virginia Division of Natural Resources (WVDNR).

Getting those details wrong can cost you your license, your catch, and potentially your freedom. This guide breaks down every rule you need to follow, from which species you can legally target to the exact gear restrictions and no-spearfishing zones written into state law.

Pro Tip: Always download the current WVDNR Fishing Regulations Summary before heading out. Regulations are updated annually, and the official PDF is available free at wvdnr.gov/fishing-regulations.

Is Spearfishing Legal in West Virginia?

Yes, spearfishing is legal in West Virginia — but only under very specific conditions. Methods like bowfishing, dipping, gigging, and spearfishing are only permitted for non-game fish. That single rule shapes everything else about how you can legally spearfish in the Mountain State.

Nongame fish, except catfish, may be taken by underwater spearfishing from July 1 through September 30 during daylight hours only. Outside of that three-month window, spearfishing in West Virginia waters is not permitted regardless of what species you are targeting.

West Virginia is an entirely freshwater state, so there is no saltwater spearfishing component to its regulations. Every rule on the books applies to inland rivers, lakes, and streams managed by the WVDNR. Fisheries biologists use regulations to provide world-class recreational fishing opportunities while protecting West Virginia’s fish resources, preventing over-harvesting of sport fish, protecting spawning fish, and maintaining healthy populations. Spearfishing restrictions exist within that same conservation framework.

If you also hunt or fish in neighboring states, compare the rules carefully. You can review how the neighboring state handles these activities in our guide to spearfishing laws in Virginia.

Freshwater vs. Saltwater Spearfishing Rules in West Virginia

West Virginia has no coastline, no tidal waters, and no saltwater fisheries. Every body of water in the state — from the New River to Stonewall Jackson Lake — falls under freshwater jurisdiction managed by the WVDNR. There are no saltwater spearfishing regulations to consider here.

All spearfishing activity in West Virginia therefore takes place in freshwater environments, and the same statewide rules apply across rivers, impoundments, and lakes unless a specific water body is designated as a special regulation area. Regulations prevent over-harvesting of sport fish, protect spawning fish, maintain healthy populations, and protect vulnerable species.

Some waters along the state border — particularly the Potomac River and North Branch of the Potomac — are governed by reciprocal agreements with neighboring states. Fishing regulations relating to opening and closing dates, creel and possession limits, and size limits on the Potomac and North Branch of the Potomac, including Jennings Randolph Lake, enforced by the West Virginia Division of Natural Resources, correspond with the same rules as the bordering state. Check both states’ regulations if you plan to dive in those shared waters.

Key Insight: Because West Virginia is entirely freshwater, you will never need a saltwater fishing license here. Your standard WVDNR fishing license covers all legal spearfishing activity in the state.

License and Permit Requirements for Spearfishing in West Virginia

A standard West Virginia fishing license is required to spearfish. There is no separate spearfishing permit — your base fishing license covers the activity as long as you comply with all other rules.

All anglers age 15 and older are required to have a fishing license in West Virginia, and licenses are good for the calendar year. Licenses can be purchased online at WVfish.com or in-person at authorized license agents. Resident anglers pay $19 for an annual fishing license, while non-residents pay $37 — and if you’re after stocked trout, you’ll also need a $10 Trout Stamp added to your base permit. (As of the 2026 license year, per StateOutdoors.org.)

All anglers 15 years and older are required to have a West Virginia fishing license and a valid form of identification while fishing in the state of West Virginia. That means you must carry both your license and a valid photo ID on your person whenever you are in the water with a speargun.

Several categories of anglers are exempt from the license requirement. Those not required to obtain a fishing license include residents who are legally blind and can show proof, residents who turned 65 before January 1, 2012, and both non-residents and residents who are under the age of 15. Residents on active duty in the U.S. armed forces while on military leave are also exempt.

Anyone fishing within a national forest in West Virginia must carry the National Forest Stamp (Class I) in addition to their base fishing license. The fee is $2 for both residents and non-residents. If you plan to spearfish in the Monongahela National Forest or other national forest waters, pick up that stamp before you go.

License Type	Who It Covers	Fee (2026)
Class B Resident Fishing License	WV residents (all fish except trout)	$19
Class F Nonresident Fishing License	Non-residents (all fish except trout)	$37
Trout Stamp (Class O / Class OO)	Anyone fishing stocked trout waters	$10
National Forest Stamp (Class I)	Anyone fishing national forest waters	$2

Licenses expire on December 31 each year. Buying early ensures you don’t miss a single day on the water. You can purchase online, at over 350 authorized retail agents statewide, or by calling the WVDNR Licensing Unit at (304) 558-2758.

Legal Species and Prohibited Species for Spearfishing in West Virginia

This is the most important rule to understand before you enter the water: gamefish are not permitted to be taken while spearfishing. That prohibition is absolute and applies statewide throughout the entire spearfishing season.

West Virginia classifies its fish into two broad groups — game fish and nongame fish. Game fish must be caught with a hook and line only, which may include methods such as rod and reel, trotlines, and droplines, though some of these methods have certain restrictions. Spearfishing for any game fish species is illegal regardless of season or location.

Common game fish in West Virginia — all off-limits to spearfishers — include smallmouth bass, largemouth bass, spotted bass, muskellunge, walleye, sauger, northern pike, trout (all species), striped bass, white bass, yellow perch, and crappie. Nongame fish such as common carp, bighead carp, silver carp, grass carp, buffalo, suckers, gar, and bowfin are the legal targets.

There is one notable carve-out: nongame fish, except catfish, may be taken by underwater spearfishing from July 1 through September 30 during daylight hours only. Catfish are nongame fish in West Virginia, but they are specifically excluded from spearfishing. You cannot legally spear a catfish even though it is not a game fish.

Diamond and candy darters, as well as paddlefish and sturgeon, are protected species in West Virginia and must be released immediately if caught. These species carry additional federal and state protections — encountering one while spearfishing and failing to release it immediately could result in serious charges beyond standard fishing violations.

Important Note: If you are unsure whether a fish is a game fish or a nongame fish, do not spear it. The WVDNR publishes a Sport Fish Identification chart in the back of its annual Fishing Regulations Summary. Review it before every dive.

Gear Restrictions for Spearfishing in West Virginia

West Virginia law spells out exactly what equipment you can and cannot use while spearfishing. These rules apply to every diver in every waterway in the state.

Spearguns shall be discharged only beneath the surface of the water. You cannot fire a speargun above the waterline under any circumstances — doing so is both a legal violation and a serious safety hazard to other people on or near the water.

Two types of ammunition are explicitly prohibited:

• It is illegal to use a bolt having an explosive head or shaft while spearfishing.
• It is illegal to use a bolt dipped in or smeared with poison or other chemicals while spearfishing.

These prohibitions mirror a broader rule in West Virginia law. It is illegal to use a firearm, crossbow, dynamite, or any like explosive, or a poisonous mixture placed in the water for the purpose of killing or taking fish, frogs, aquatic turtles, or other forms of aquatic life.

Divers must also follow two conduct rules that protect other water users:

• A diver may not spearfish in such a manner as to interfere with other fishermen.
• A diver may not spearfish in heavily-travelled boat lanes, marked swimming areas, or marked waterskiing areas.

You are also required to display a diver down flag when in the water. The “diver down flag” shall be a red field of not less than 10 inches by 10 inches in dimension with a white diagonal stripe not less than 1.5 inches wide running from the upper left to the lower right. This flag alerts boaters and other water users to your presence below the surface.

Finally, there is a strict rule about what happens to every fish you spear. Fish taken by spearfishing may not be returned to the water or left on the bank. Once you spear a fish, you must retain it. You cannot practice catch-and-release with a spear, and you cannot discard a speared fish on shore.

Off-Limits Areas and No-Spearfishing Zones in West Virginia

Even during the legal July 1 – September 30 season, two specific river stretches are completely closed to spearfishing under West Virginia Code of State Rules §58-60-11.

Spearfishing is prohibited on the Elk River, from Sutton Dam downstream to the U.S. Route 19 bridge at Sutton. Spearfishing is also prohibited on the New River, from Bluestone Dam downstream to the lower bridge at Hinton. These closures apply year-round, not just outside the spearfishing season.

Beyond these named stretches, the general conduct rules effectively create situational no-spearfishing zones wherever you encounter marked swimming areas, marked waterskiing areas, or heavily traveled boat lanes. A diver may not spearfish in such a manner as to interfere with other anglers, and a diver may not spearfish in heavily traveled boat lanes, marked swimming areas, or marked waterskiing areas.

Catch-and-release trout waters and fly-fishing-only waters also impose gear restrictions that would make spearfishing incompatible with those designations. Fishing on catch-and-release trout waters is permitted during daylight hours only. It is illegal to use or possess any lures other than artificial flies and streamers while on fly-fishing-only waters. A speargun clearly falls outside those allowed methods, so treat all special-regulation trout waters as off-limits for spearfishing.

If you plan to spearfish near Army Corps of Engineers infrastructure, note that snagging and gigging are prohibited within 100 feet of all U.S. Army Corps of Engineers Locks and Dams and their appurtenances. While this rule specifically names gigging and snagging, the spirit of the restriction and the safety hazards involved make it prudent to avoid spearfishing in those same areas.

For more on how West Virginia regulates outdoor and wildlife-related activities, see our overview of hunting laws in West Virginia and duck hunting laws in West Virginia.

Bag Limits and Size Limits for Spearfishing in West Virginia

West Virginia does not publish species-specific bag limits or size minimums for the nongame fish that spearfishers are legally allowed to target. Creel limits and size restrictions under WVDNR regulations are primarily designed for game fish caught by hook and line — categories like bass, trout, walleye, and muskie carry detailed daily limits and minimum length requirements, but those rules govern hook-and-line anglers, not spearfishers targeting nongame fish.

That said, the one firm rule that functions as a de facto possession limit is the no-release, no-waste requirement. Fish taken by spearfishing may not be returned to the water or left on the bank. Every fish you spear must be kept and used. This rule discourages wasteful over-harvesting and puts a practical ceiling on how aggressively you should hunt any given water body.

For carp specifically — one of the most popular spearfishing targets in the state — only common carp, bighead carp, silver carp, and grass carp may be taken by bow year-round; smallmouth buffalo are not carp and cannot be shot year-round. While this rule is written for bowfishing, it illustrates how the WVDNR distinguishes between carp species. Apply the same species-identification discipline when spearfishing.

Because bag limits for nongame fish are not explicitly capped in the spearfishing rules, your practical limits come from three sources: the legal season window (July 1 – September 30, daylight only), the species prohibition on game fish and catfish, and the mandatory-retention rule that means every fish you spear counts against you once you pull the trigger.

Pro Tip: Before targeting any species you are not certain about, cross-reference the WVDNR’s Sport Fish Identification chart in the 2025 Fishing Regulations Summary PDF. Misidentifying a game fish as a nongame fish is not a defense against a violation citation.

Penalties for Spearfishing Violations in West Virginia

Violating West Virginia’s spearfishing rules is not a minor infraction. The state treats fishing violations as misdemeanor offenses and backs them up with a point-based license revocation system.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $500, or confinement in jail not less than 10 days nor more than 100 days, or both fined and confined, plus suspension of hunting and fishing license for a period of two years, and applicable forfeiture and replacement provisions.

Trout-related violations carry a slightly different penalty range. Any person who exceeds the creel limit on trout or who otherwise violates any provisions of this code or any rules and regulations relating to trout fishing is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $300, or imprisoned in the county jail not less than ten nor more than one hundred days, or both fined and imprisoned.

West Virginia also operates a point-based enforcement system that can strip your license before you ever face a judge. West Virginia uses a point-based violation system for fishing offenses, and accumulating enough points triggers automatic license revocation. Accumulating 10 or more combined hunting and fishing points results in a 2-year license revocation; points are removed on their second anniversary or upon license restoration; and a false license application results in a 1-year suspension of all license privileges.

The point values assigned to specific violations are:

• Ten points for the use of explosives or poison material in taking fish.
• Six points for illegal possession or sale of wildlife.
• Four points for all other violations.

Using an explosive bolt or a poison-tipped bolt while spearfishing would immediately trigger a 10-point assessment — enough on its own to trigger the 2-year revocation threshold. Spearing a game fish, spearing a catfish, or spearing outside the legal season would each result in a 4-point violation. Two such offenses and you are at the revocation threshold.

Any individual who makes a false application for a fishing license will have their fishing privileges suspended for one year. If you are fishing without a valid license while spearfishing, the consequences compound quickly.

WVDNR conservation officers actively patrol West Virginia waterways. The West Virginia Division of Natural Resources employs fish and game agents to enforce WV fishing regulations and laws. Officers have the authority to check your license, inspect your catch, and issue citations on the spot.

Understanding these rules is part of being a responsible angler in the Mountain State. For more on how West Virginia regulates animal-related activities, you may also find these guides useful: pet vaccination laws in West Virginia, dog bite laws in West Virginia, and leash laws in West Virginia.

Key Takeaways for Spearfishing in West Virginia

Spearfishing in West Virginia is a legitimate and rewarding activity, but the rules are narrow and strictly enforced. Before you gear up, make sure you have these fundamentals locked in:

• Spearfishing is legal only from July 1 through September 30, during daylight hours only.
• Only nongame fish may be targeted — game fish and catfish are both prohibited.
• You must hold a valid West Virginia fishing license (age 15 and older).
• Spearguns must be fired below the water surface only; explosive and poison bolts are illegal.
• Display a diver down flag (minimum 10″ x 10″ red with white diagonal stripe) while diving.
• The Elk River (Sutton Dam to US Route 19 bridge) and New River (Bluestone Dam to Hinton bridge) are permanently closed to spearfishing.
• Every fish you spear must be kept — you cannot release it or leave it on the bank.
• Violations carry misdemeanor charges, fines up to $500, jail time, and potential 2-year license revocation.

When in doubt, contact your local WVDNR District Office or review the current Fishing Regulations Summary. The rules exist to protect West Virginia’s fisheries for every angler who comes after you — spearfisher or not. You can also explore related West Virginia animal law topics such as backyard chicken laws, beekeeping laws, and roadkill laws in West Virginia for a broader picture of how the state regulates wildlife and outdoor activities.