Yes, spearguns are legal in West Virginia for recreational use, provided they comply with state wildlife regulations and local ordinances. The West Virginia Division of Natural Resources (WVDNR) permits spearguns for underwater fishing during designated seasons, with restrictions on power sources and targeting methods. Violations may result in fines or revocation of fishing privileges.
Key Regulations for Spearguns in West Virginia
- Power Source Restrictions: Only mechanical or pneumatic spearguns are permitted; electric or explosive-powered devices are prohibited under WVDNR §20-2-5.
- Target Species & Seasons: Spearguns may only be used for non-game fish species during open seasons, as outlined in the WVDNR Fishing Regulations Guide (2026 edition). Targeting game fish (e.g., trout, bass) is illegal.
- Permit & Licensing: A valid West Virginia fishing license is required, and spearguns must be registered with the WVDNR if used in state waters. Local county ordinances may impose additional restrictions.
Local municipalities, such as those in the Eastern Panhandle, have enacted ordinances banning spearguns in municipal waterways or public lakes. The WVDNR enforces these rules through periodic inspections and compliance checks, particularly in high-traffic recreational areas like the New River Gorge. Failure to adhere to these regulations may lead to confiscation of equipment and legal penalties. Always verify county-specific rules before deployment.