Spear gun fishing legal?

[Huntin Horseman]

Does anyone know if it's leagal to shoot fish with a spear gun? When my dad was in the military we lived in Guam for two years and we used to get nice parrot fish by spear gun fishing and I thought it might be fun to try here. Shane

[jeremy L]

I don't think you can fish with a spear gun. This was taken from the DNR's website www.michigan.gov/dnr

Unlawful Activities
--------------------------------------------------------------------------------

You May Not



Buy or sell fish or parts of fish, reptiles, amphibians, or crayfish taken under a sport fishing license.



Import, plant or transplant white amur (grass carp), live game fish, or viable eggs of game fish.



Take fish for the sole purpose of removing the eggs.



Take or attempt to take freshwater mussels (clams or other bivalves) whether living or dead, including the shell or parts thereof (except zebra mussels) from any waters of the state except under provisions of a cultural or scientific investigation permit from the DNR.



Take, attempt to take, or possess, any threatened or endangered species, except as authorized by the DNR.



Possess or sell a multi-pointed hook with a weight permanently attached.



Possess or transport live Eurasian ruffe, tubenose goby, or round goby.



Possess illegally taken fish or mutilated fish that cannot be measured or identified.



Possess more than the Michigan limit when fishing in Michigan waters even if holding licenses from more than one state or province.



Commercially take, possess, or sell rusty crayfish (Orconectes rusticus) in Michigan.



Fish for any species or possess fishing devices along a stream closed to fishing.



Fish with your hands, FIREARMS, explosives, crossbows, setlines, poisons, or methods other than lawful fishing methods.



Fish anywhere in a fish ladder.



Use a net to take a fish within 100 ft. of a dam (you may use a landing net to secure a legally-hooked fish).



Use a seine for any species other than minnows.



Use cast nets in any inland water.



Possess a spear, gaff, or bow/arrow along a trout stream at any time.



Shoot reptiles or amphibians with a firearm (including spring, air, or gas propelled).



Have a weight rigidly attached to a multi-pointed hook; or suspended from a multi-point hook; or suspended below any hook unless the hook is on a dropper line (a leader) that is at least 3" long.



Deposit litter, fish offal, or any foreign matter, in any waters of the state or on any lands, private or public.



Take or attempt to take fish outside of the open season for that species.



Snag fish or retain a fish not hooked in the mouth.

[SALMONATOR]

don't know if it's leagle or not, but it's deffinately not "fishing".

[Big Frank 25]

http://www.michigan.gov/dnr/1,1607,7-153-10371_14724_14730-31478--,00.html Might take this to the hunting and fishing law forum.

[Fishfoote]

I don't see how using a spear gun would be any different than using a spear or bow. As far as it being illegal, Boehr can provide the difinitive answer, but I doubt a spear gun would be in the FIREARMS category:

The word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except an smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 calibre by means of spring, gas or air.

I think most spear guns us a heavy rubber band, don't they?

[Lunker]

Youde be suprised a sling shot is a firearm. If kids can make mince meat out of carp and suckers with a pitch fork everyyear we should be able to spear roughfish with a speargun you know ? But it just doesnt happen like that here.

[Fishfoote]

A slingshot would not be a Firearm under Michigan Law...at least according to the statutes I've read...explosives, gas or air.

[Lunker]

shoot someone with one once.

[SALMONATOR]

fishfoote,

Sorry, what I meant to say was It's not fishing in my book. I realize that there other methods, beyond hook-and-line, legal to take a fish. I just don't consider them fishing so mutch as hunting. I don't mean to imply that I have anything against it, but unless you can hold it in your hands and make the decision of weather to keep it or let it go, It ain't fishing to me. I don't really care what the state calls it.
don't worry, I hunt too. I know the difference. I just think that when a spear or any other projectile comes into play and passes through the body of a fish, ....It ain't fishing anymore. You chose your target, and either pass or fire. You hit or miss. when you get lucky you have some meat to bring home. Though it sounds like something I might enjoy trying, again I say, fishing it is not.
If I could "catch and release" durring duck season, I'd be on the swamp all day, but unfortunatly when you "catch" a duck its dead or dying. I am not apposed to any method of taking and keeping fish (let alone snagging, streight-lineing, or any un-lawful methods) but some are fishing and some are not. That's all.

[Fishfoote]

Salmonator - I don't spear, but it sounds like fun. I'm a believer that every sport is not for every person.