UNOFFICIAL COPY 23 RS BR 1332
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AN ACT relating to fishing in public waters of the Commonwealth. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Lawfully fishing" means a person has complied with all state and federal 6
laws and regulations pertaining to fishing in the Commonwealth and has 7
not committed a trespass under KRS Chapter 511; and 8
(b) "Public waterway or waterbody" has the same meaning as "public waters" 9
as defined in KRS 150.010 and includes "navigable waters" as defined in 10
KRS 150.010. 11
(2) No person shall be prohibited or otherwise obstructed from lawfully fishing in or 12
along public waterways or waterbodies of the Commonwealth, including areas 13
under lease by private marinas, unless the department determines that: 14
(a) The health and safety of the general public is placed at risk by fishing in 15
the area; 16
(b) The habitat for wildlife or aquatic life is placed at risk by fishing in the 17
area; or 18
(c) Access to the public waterway or waterbody cannot be obtained except by 19
trespassing on private property without the landowner's consent. 20
(3) For areas determined by the department to be unsuitable for fishing under 21
subsection (1) of this section, the department shall: 22
(a) Promulgate an administrative regulation pursuant to KRS Chapter 13A 23
specifying the public waterway or waterbody and the area closed to fishing; 24
and 25
(b) Require in any lease or other contract between the department and a private 26
marina entered into after the effective date of this Act, a provision stating 27 UNOFFICIAL COPY 23 RS BR 1332
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that the marina shall not prohibit fishing within leased areas except as 1
specifically identified in the contract and in conformance with subsection 2
(1) of this section. 3
(4) Ingress and egress to a public waterway or waterbody, including its shoreline, by 4
a person shall not be construed to provide a public right-of-entry through private 5
property. Access to a public waterway or waterbody through private property shall 6
require consent from the landowner. Nothing in this section shall prevent 7
criminal prosecution of a person for an offense under KRS Chapter 511. 8
(5) This section shall not apply to a peace officer, law enforcement officer, or 9
employee of the department or of the United States Fish and Wildlife Service 10
during the time that the officer or employee is in the actual discharge of his or 11
her duties. 12
(6) The penalty for prohibiting or interfering with a person lawfully fishing in a 13
public waterway or waterbody shall be the same as that prescribed for a violation 14
of KRS 150.170. 15