West Virginia Spearfishing Rules Card

Legal status

Saltwater RestrictedFreshwater Permitted

West Virginia is a landlocked state with no saltwater, so all spearfishing is freshwater only. Underwater spearfishing is legal but narrow: only NONGAME fish may be speared, and only from July 1 through September 30 during daylight hours.

License

Required: West Virginia Fishing License (Class B resident / Class F nonresident) plus Class O/OO Trout Stamp when fishing for or possessing trout

Resident: Resident Annual Fishing (Class B) $19.00 - plus a required $5.00 Conservation Stamp (Class CS) for Class B holders; Resident Five-Day Fishing (Class L) $8.00; Resident Senior (Class XS, age 65+) $25.00 (includes trout stamp); Junior Sportsman (Class XJ, ages 15-17) $16.00; Trout Stamp (Class O) $10.00.

Non-resident: Nonresident Annual Fishing (Class F) $37.00 - plus a required $13.00 Conservation/Law-Enforcement Stamp (Class CS/LE) for Class F holders; Nonresident One-Day Fishing (Class LL) $3.00; Nonresident Trout Stamp (Class OO) $16.00.

Gear rules

• Spearguns: Permitted for underwater spearfishing of nongame fish in season. A speargun may be discharged only beneath the surface of the water.
• Pole spears: Not separately named in West Virginia regulations.
• On scuba: WVDNR's spearfishing rules do not prohibit SCUBA for underwater spearfishing, and the diver-down flag rules assume divers may be submerged.
• Spearguns may be discharged only beneath the surface of the water
• Bolts with explosive heads/shafts or dipped/smeared with poison or other chemicals are illegal
• A 'diver down flag' - a red field at least 10 in x 10 in with a white diagonal stripe at least 1.5 in wide - must be displayed at all times.
• Divers must come up within 100 feet of the flag; all powerboats must remain at least 100 feet from the marker flag

Do not spear

• ALL game fish are off-limits to spearing. West Virginia defines game fish as: all trout
• All three catfish species
• Paddlefish and Shovelnose Sturgeon carry a zero possession limit and must be returned to the water immediately, so they may not be speared
• Any threatened or endangered aquatic species protected under West Virginia law

Area restrictions

• Spearfishing is prohibited on the Elk River from Sutton Dam downstream to the U.S. Route 19 bridge at Sutton
• Spearfishing is prohibited on the New River from Bluestone Dam downstream to the lower bridge at Hinton
• A diver may not spearfish in heavily traveled boat lanes, marked swimming areas or marked waterskiing areas, or in a manner that interferes.
• Gigging and snagging are prohibited within 100 feet of all U.S. Army Corps of Engineers Locks and Dams and their appurtenances

Before you dive

• Never dive alone: one up, one down.
• Check current seasons and sizes the morning of the dive.
• Confirm with West Virginia Division of Natural Resources (WVDNR): https://wvdnr.gov/fishing/fishing-regulations/