Oregon, California and Washington have banned freshwater spearfishing of any non-game fish. Salmon and trout are both considered game fish, and they’re therefore off limits to spear fishers.
Spear fishing for trout is relatively easy and it can be done effectively even by those who are pretty new to the sport. It’s so easy, in fact, that many states consider it unsportsmanlike and have banned the practice.
If you’re in an area where it’s legal, then you should find that spearfishing trout doesn’t take nearly as much effort as it would for other fish. Trout tend to congregate in schools that you can see as soon as you start to wade out into deeper water, which makes them easy prey.
That’s why so many people go fly fishing if they want to catch trout, but unlike spear fishers they don’t have the big advantage that comes with using a mechanical device to snag them in quick succession. Since that can quickly decimate trout populations, most states and counties have rules against spearfishing for trout.
Bass and other popular game fish are normally off the table for spear fishers as well, though you can generally take other types of fish as long as you have a valid license. Some states and even counties might require you to have a special permit in order to go spearfishing, which is a separate document from your usual fishing license.
Is It Illegal to Spear Fish?
Federally, it’s generally legally to spear fish in salt water in all states that have coasts on the ocean. This normally includes all Pacific and Atlantic waters as well as areas in the Gulf of Mexico.
However, you can spear other fish in freshwater lakes in those states. When you apply for a fishing license, you’ll normally be given the opportunity to request a list of what fish the state government considers game.
Florida’s Fish & Wildlife Conservation Commission has banned spear fishing in all freshwater lakes and streams throughout the state as part of a program to restore certain fish populations. You may not spear even non-game fish in interior lakes in Florida, though it doesn’t seem like there’s anything stopping you from angling for them if you have a valid license.
Can You Spear Fish in Freshwater?
It’s entirely feasible to spearfish in freshwater and there are any number of fish you can catch this way, especially if you’re in a larger body of water. Large freshwater lakes are ideal spearfishing spots.
Some of these are even regularly stocked to keep fish numbers high enough to support sport fishing. However, it should be noted that most states heavily restrict you from fishing in freshwater lakes.
Using a spear gun on the Great Lakes can be really exciting, for instance, but there’s a lot of red tape to go through before you’ll be allowed to. The state of Michigan only allows you to spear bowfin dogfish, carp, suckers and larger gar.
You’ll also need to apply for a non-resident fishing license, which is common in states that border the Great Lakes or have other huge bodies of freshwater within their borders. This all might seem really annoying, but it’s important to remember that these laws are in place to protect fish so we can all have a place to enjoy our sport in the future.
Some tribal-managed areas have different laws regarding spear fishing within their boundaries, which could theoretically allow you to skirt normal regulations, but you’d have to live on these lands in order to do so.
Can You Spear Fish in Montana?
Legally, Montana residents are only allowed to spearfish in Salmon Lake, Seeley Lake and other freshwater bodies attached to the Clearwater drainage district. Spear fishers are only allowed to take pike.
There are also several exempt lakes and a number of small rivers in the central and eastern parts of the state that allow heavily restricted forms of spearfishing. Once again, the state’s environmental laws only allow taking pike in these areas.
Under no circumstances can you use a speargun to take game fish in Montana, though you can use almost any kind to take pike. Some people have tried to skirt these rules by using a crossbow to fish for trout in Montana, but the state’s power brokers don’t buy into this kind of thing.
If you’re using some kind of sporting bow to catch trout, then you can expect to get into some pretty big trouble! Crossing the border into Idaho can get you in trouble too, since that state only allows you to take unprotected non-game fiash during certain times of the year.
It might sound weird, but Montana residents with the right documents can go over into Idaho and use spearguns or bows to “fish” for bullfrogs as long as they don’t touch any trout!
What Do You Need to Legally Spear Fish Trout and Other Fish?
You first need to have a valid fishing license and possibly a permit to use a speargun. Some states and counties don’t allow spearfishing with a standard license.
It’s relatively easy to get one of these at a dive shop. Depending on where you are, you might also need the following:
- An elastic speargun, since some areas have banned the use of pneumatic ones
- An ocean enhancement stamp on your license, if you’re on a state that borders the Pacific
- Valid state ID or a driver’s license to prove you’re not part of a commercial fishing operation
- Provisions on your boat if you’re using one, because some areas require them to avoid breaking certain boating laws
- A ruler of sufficient length to show that you’re not taking fish below the legal limit
If you plan to go spearfishing in a US territory like Puerto Rico, then you can apply for a lifetime sporting license. This won’t expire as long as you don’t do anything that gets it revoked, so it can help you cut through a lot of this red-tape.