Legislation that would exempt private landowners from most statewide fishing regulations while fishing on their own property advanced from a Senate committee on Thursday.
Senate Bill 39, sponsored by Sen. Gary Boswell, R-Owensboro, would exempt owners of private lakes and ponds from regulations related to creel, possession, and size limits, and to regulations on certain fishing methods.
The bill would also allow lake and pond owners to extend those rights to any person via a written form that includes both the date and location where the person would be fishing.
“This bill is not a complicated bill,” Boswell said. “It establishes that fish in private lakes and ponds belong to the owner of the land, just like farm animals, fruit trees, and vegetables in your garden.”
Jason Kinner with Anglers for Improving Opportunities testified with Boswell on the legislation. He said that the bill would put the power back with private property owners, who, from his perspective, should be able to make those decisions for themselves.
“I just ask for your consideration today to give property owners their rights. To harvest small bass, to stock a variety of fish that have been proven in Kentucky to grow the largest, and the associated economic impact this could have on our rural communities,” he said.
Rich Storm, Commissioner of the Kentucky Department of Fish & Wildlife, raised concerns about the bill and how it would impact the agency’s ability to fund itself. He said it would open a Pandora’s box of lost revenue and lost federal grant opportunities.
Sen. Robin L. Webb, D-Grayson, said that the bill might also create obstacles for conservation officers seeking to enforce Kentucky fishing laws.
“It is going to cause enforcement problems as to probable cause with our conservation officers. We want to continue our enforcement protocols, and this would be a hindrance,” she said.
In response to these concerns, Boswell said that the bill would neither harm the ability of conservation officers to enforce the law nor impact how the Department of Fish and Wildlife generates its revenue.
“First of all, this is not going to be a problem for conservation officers, it is an illusionary problem. Second of all, this bill is mainly about property owners’ rights,” he said.
Addressing these concerns further, in response to a question from Sen. Jason Howell, R-Murray, Boswell said that the bill did not affect fishing licenses.
SB 39 now heads to the full Senate.
Information from the Kentucky Legislative Research Commission.
