yup, you're wrong... from the North Dakota G&F site:
15. Underwater Spear Fishing
The following fish may not be taken with underwater spearfishing gear: largemouth and smallmouth bass, muskellunge, paddle-fish and sturgeon. All other species are legal. Daily and possession limits for legal fish are the same as listed in Section 5.
Underwater spearfishing is legal from May 1 through September 30 of each fishing year.
Underwater spearfishing is open only in the following waters:
The Missouri River except that portion from the Garrison Dam downstream to the southern boundary of the U.S. Army Corps of Engineers Downstream Recreation Area.
Lake Oahe, Lake Sakakawea and the open fishing areas of Lake Audubon
Devils Lake and Stump Lake.
Spiritwood Lake.