North Dakota Spearfishing Rules Card

Legal status

Saltwater RestrictedFreshwater Permitted

North Dakota is a landlocked state with no saltwater, so there is no marine spearfishing; the North Dakota Game and Fish Department (NDGF) governs all freshwater spearing.

License

Required: North Dakota Fishing License (plus the mandatory Fishing, Hunting, Furbearer Certificate)

Resident: Resident annual fishing license $27; married-couple fishing $42; senior (65+) $10; totally/permanently disabled $10; veteran with 50%+ service-related disability $10 - each plus the mandatory $2 Fishing, Hunting, Furbearer Certificate. Combination (fish+hunt+furbearer) license $62.

Non-resident: Nonresident individual annual fishing $68; married-couple $108; 3-day $48; 10-day $58 - each plus the mandatory $5 Fishing, Hunting, Furbearer Certificate.

Gear rules

• Spearguns: Legal ONLY for underwater spearfishing (April 1-March 31, year-round for 2026-28): rubber-band powered or pneumatic powered spear guns.
• Pole spears: A hand/manually powered pole spear is a 'manually powered shaft with barbed points,' which is the legal implement for darkhouse spearing.
• On scuba: Underwater spearfishing necessarily involves free-diving or SCUBA and is expressly permitted (April 1-March 31, year-round for 2026-28).
• Underwater spear guns must have the spear attached by a lanyard no longer than 20 feet
• Underwater spears may be discharged only when the operator and equipment are entirely under the surface of the water
• A Diver's Down Flag must be displayed on a float or buoy during underwater spearfishing, and spearers must stay within 100 feet of.
• Night underwater spearfishing requires a lighted Diver's Down Flag and a hand-held light visible from at least 150 feet

Do not spear

• Underwater spearfishing: muskellunge
• Underwater spearfishing: paddlefish may NOT be taken
• Underwater spearfishing: pallid sturgeon and shovelnose sturgeon may NOT be taken
• Bow/spear
• Northern pike may not be taken on the Red River with bow equipment
• Note: smallmouth bass, prohibited for underwater spearers under older regulations, is legal under the current 2026-28 rules

Area restrictions

• Underwater spearfishing is allowed only in: the Missouri River (except the Garrison Dam tailrace section), Lake Sakakawea, Lake Oahe, Lake Audubon.
• Underwater spearfishing is prohibited within 150 feet of any designated swimming or water-ski area, boat dock or spillway, or within 150 feet.
• Darkhouse spearing and bow/spear fishing are open on waters open to hook-and-line fishing EXCEPT the Missouri River from Garrison Dam downstream.
• Darkhouse spearing is closed on these named waters: East Park Lake, Heckers Lake, Lake Ashtabula, Lake Audubon, Larimore Dam, McClusky Canal, New.

Before you dive

• Never dive alone: one up, one down.
• Check current seasons and sizes the morning of the dive.
• Confirm with North Dakota Game and Fish Department (NDGF): https://gf.nd.gov