Yes, spearguns are legal in New Mexico for recreational and commercial fishing, provided they comply with state and federal regulations. The New Mexico Department of Game and Fish (NMDGF) permits their use in designated waters, subject to seasonal and species-specific restrictions. Federal laws under the Magnuson-Stevens Act also apply to marine species. Compliance with 2026 NMDGF updates is mandatory, particularly for invasive species removal.
Key Regulations for Spearguns in New Mexico
- Seasonal Restrictions: Spearguns may only be used during open fishing seasons for target species, as outlined in the NMDGF Fishing Rules and Regulations. Closed seasons protect spawning populations, with penalties for violations enforced under NMAC 19.31.13.
- Species-Specific Prohibitions: Certain species, including endangered or protected fish (e.g., Rio Grande silvery minnow), are off-limits. Spearguns cannot be used for take of these species under the Endangered Species Act and state wildlife codes.
- Equipment Specifications: Spearguns must not exceed 5 feet in length, per NMDGF guidelines. Barbed tips are prohibited for freshwater species, aligning with NMAC 19.31.12 to minimize injury. Commercial use requires additional permits under NMAC 19.35.1.