Introduction to Michigan Spearfishing Regulations
If there’s one common mistake that new spearfishing anglers make, it is failing to thoroughly research the rules and regulations that apply to this sport. After all, it isn’t illegal to go into the water and attempt to spear aquatic life – but if you do so in violation of Michigan spearfishing laws, you could face steep penalties in the form of fines, restitution, boat seizure or even criminal charges. To avoid these headaches, it’s imperative that you understand the nuances of Michigan’s spearfishing laws before you ever hit the water.
The 2017 Michigan Fishing Guide contains a number of important regulations that apply to aquaculture and spearfishing throughout the state. According to the guide, spear fishermen must abide by all general regulations set forth by the Department of Natural Resources (DNR) with respect to open and closed seasons. Though spearfishing is permitted year-round for most species, it may sometimes be restricted on a seasonal basis depending on local population concerns. In addition, there are strict regulations concerning the use of specific spearfishing equipment and methods; in short, the two-pronged spear is the only spear that is permitted for both floating and submersible spearfishing in all waters throughout the state . It’s also worth noting that Michigan imposes load limits on spearguns. While Michigan’s spearfishing laws do not specifically clarify what constitutes a "load limit," the DNR recommends only one spear each time you descend into the water. At present, all spearfishing activities are limited to no more than one hook per attached fishing line. These regulations may be changed on a future date, but again, Michigan’s Fishing Guide provides the clearest definitions concerning spearfishing currently in the books.
No discussion of Michigan spearfishing would be complete without at least a brief overview of the penalties that may apply if you violate a spearfishing rule. First and foremost, violators of spearfishing laws may be required to return any aquatic species that were taken in violation of DNR rules and regulations. This means that not only could you be fined for spearfishing, but you could also be required to pay restitution to the state of Michigan for taking underwater plants and animals without proper authorization. In some cases, you may also be required to forfeit your spearfishing equipment – such as a speargun or fish net – to the state.
Legal Spearfishing Gear and Equipment
It is important to be familiar with both the practical and legal requirements of spearfishing in Michigan. These must include knowledge of any possible restrictions on the legal gear that spearfishermen may use, and on the legal limitations of the use of that gear.
Currently, there are no Michigan restrictions or limitations on the types of spearfishing gear that can be used in Michigan. Nonetheless, many spearfishermen will likely want to avoid gear that exceeds 5 feet in length or 12 inches in width to stay within comfortable bounds allowed for the regular use of spear guns while spearfishing as well as to comply with general Michigan Department of Natural Resources (DNR) regulations on the use of fishing gear.
Rules on Permitted and Restricted Species
As of the date of publication, a variety of game and non-game fish species are permitted for spearfishing in Michigan. Those include perch, bluegill, rockbass, sunfish, crappies, whitefish, sucker and carp. It’s illegal to take bass, trout, pike or salmon while spearfishing in the Great Lakes and many inland lakes. State-licensed commercial anglers are permitted to take trout, pike and salmon by spear.
Among the protected species illegal to take with a spear anywhere in the state are blue and white sucker, lake sturgeon, musky, bullhead, yellow perch greater than 8 inches, trout, salmon, rockbass larger than 10 inches, largemouth bass, smallmouth bass, catfish and all other sunfish. These species are threatened, endangered or undocumented by the Michigan Department of Natural Resources (DNR).
All spearfishing operations require a free license from the DNR for either vessel or shore operations.
Designated Spearfishing Areas
In Michigan, there are several areas where spearfishing is permitted by law. These designated water bodies and regions include the following: The Great Lakes: In Michigan, spearfishing is allowed in all the Great Lakes except for Lake St. Clair, Saginaw Bay, and Saginaw River. Hundreds of lakes and rivers throughout the state also allow spearfishing from ice for panfish. Lake Erie: Spearfishing on Lake Erie is permitted up to International Boundary Buoy 763. Detroit River: The Detroit River allows ice spearfishing for panfish. Lake Huron: In Lake Huron, spearfishing is allowed in the Lake Huron waters east of Mackinac Wards 25 through 30, and west of Mackinac Wards 1 through 5. Lake Michigan: On Lake Michigan, spearfishing is allowed in Lake Michigan waters south of I-96. Spearfishing is also allowed on all river mouths of Lake Michigan and the St. Joseph River below Berrien Springs Dam. Lake Superior: In Lake Superior, spearfishing is only allowed when there is an established open spring through fall season for hook and line fishing (unless natural resources officials designate otherwise), with the exception of the Keweenaw Waterway, which allows spearfishing year-round. Private Water: Spearfishing is permitted on private water bodies and watersheds, unless owners prohibit the activity. Generally speaking, though, spearfishing is allowed because panfish are a nuisance to many private property owners.
Licenses and Permits for Spearfishing
A valid Michigan fishing license is required for spearfishing in the state’s waters, including Great Lakes and inland lakes. For Michigan residents, the standard annual resident fishing license costs $26. This license allows anglers to obtain additional single species licenses, including the spearfishing license, at a reduced cost. Out-of-state anglers can purchase an annual nonresident fishing license for $76.
Anglers must also possess a non-transferable spearfishing registration tag that is permanently affixed to the prongs of the spear; duplicate tags are available, but a fee applies . The spearfishing license does not involve any additional cost. This registration tag is required whenever an angler seeks to take specified species of fish with a spear gun or throw spear.
The registration tag has an important restriction: it may be used only in the presence of a warden, other MDNR personnel, or any person who is a direct witness to the spearfishing in progress. If you have been found without an associated adult witness, you may require legal counsel to best handle the situation.
Safety Guidelines and Regulations
Compliance with safety regulations and guidelines is crucial not only for successful spearfishing trips but also to avoid penalties from law enforcement.
Spearfishers must stay up to date with all Michigan Department of Natural Resources (MDNR) guidelines so there are no issues with law enforcement while spearfishing. As this article is being written, all spearfishing is illegal in the Great Lakes except on Lake Michigan. MDNR has advised all persons to check MDNR’s website or call MDNR before they go spearfishing anywhere on the inland waters in Michigan.
Spearfishing must be conducted in compliance with any and all directional signs posted at public access sites. If necessary, these signs should be consulted prior to planning a trip long distance. Obviously, spearfishing in the wrong area can result in both dangerous conditions such as shallow water and penalties such as fines from MDNR. For example, a spearfisher can be fined $5.00 per fish for taking one or two fish of, say, over 40" in length depending on the species of fish. If the spearfisher violates these regulations a second time and is caught holding three or more large fish, the fine is raised to $10.00 per fish and a misdemeanor charge may be filed against him or her. If the same violator is caught again within a period of four years, they may be charged with more serious felony charges, exposing the violator to up to a year in jail and up to $25,000 in fines.
In light of these potential penalties, MDNR harvested a list of spearfishing regulations that apply to spearfishing for Great Lakes fish open to harvest with spear guns. The following list is taken from the MDNR website:
- (1) Spearing is prohibited north of US 2 and Mackinac Bridge.
- (2) Spearing is allowed in the waters lakeside of Twin Pillars at the mouth of the Sturgeon and Manistique rivers.
- (3) Spearing is allowed in the Little Cleat Lake area southwest of Tahquamenon Bay.
- (4) Spearing is allowed in Sault Ste. Marie area, including the eastern Trenton Channel (south of Sugar Island).
- (5) Spearing is allowed in the Detroit River, except at accesses along the "Detroit Heritage River Trail," including the Detroit River International Wildlife Refuge.
- (6) Spearing is allowed near Alabaster near the mouth of the AuSable River, including Lake Van Etten and the AuSable River near Alabaster, but not in the AuSable River south of AuSable River State Park.
- (7) Spearing is allowed in the Upper Peninsula (except Keweenaw County)
- (8) Spearing is allowed in Lake Huron east of the mouth of the AuGres River and north of 46 36.24N.
- (9) Spearing is allowed only in Little Bay de Noc, except navigable waters of the Escanaba and Manistique River systems.
Spearing is allowed in the May through June season in waters of the Great Lakes and adjacent waters of the State of Michigan that are open to spearing.
Conservation Efforts and Legal Changes
Concerning spearfishing in Michigan, the Department of Natural Resources (DNR) has amended its fishing regulations in the 2016 fishing guide. The boundary for spearfishing, including for rough fish, is now from the middle of the river and not from the high-water mark. In addition, any fish taken must be from water in which the angler was legally entitled to fish. There are exceptions to this rule, which include the use of shooting lines and gaffs, or while in a diving or wading mode with a bowfishing rig, as long as the person is licensed to fish. The DNR has also made it illegal to use a spear while on the ice or in any fishing structure put in the ice. This prohibition covers all species, not just rough fish. From April 1st through February 29th, spearfishing is allowed during open season for gamefish. Spearfishing during this time period is restricted to bow and arrow or underwater spears only. If a combination of angler and spearfisher are engaging in this activity, then both must possess a valid 2016 fishing license. A very interesting story about spearfishing in Michigan was published in the December 5, 2015 edition of the Detroit Free Press concerning a 19-year-old teen who spearfished an 80-pound sturgeon from the Detroit River. It had been 55 years since the last sturgeon was speared from 1960 to 2015. Sturgeon spearing has been outlawed in Michigan since December 2013 to protect the ancient fish since there were only 60 adult sturgeon known to be living in the system. The law maintaining the ban was signed by Governor Snyder in 2013. Given the relatively small population of sturgeons still residing in Michigan waters, it is not clear that residents will be able to enjoy the wisdom of their ancestors in spearfishing these fish anymore soon. As with all issues involving our most precious natural resources, how they are managed and protected will be the subject of periodic review.
Helpful Resources and Further Reading
For those looking to dive deeper into Michigan spearfishing laws and regulations, the following resources may prove useful:
Michigan Department of Natural Resources Spearfishing Guide: An official guide published by the Michigan DNR addressing general questions about spearfishing, including equipment regulations and conservation efforts .
Michigan State University Extension: Spearfishing Information and Research: This page offers a research and information center for spearfishing in Michigan, as well as links to past research reports.
Michigan Natural Features Inventory (MNFI) Laws & Regulations: The MNFI provides a comprehensive list of state natural features and corresponding guidelines.
Official state website: Michigan.gov/DNR: The official site of the Michigan Department of Natural Resources.