New Law

[ESOX2009]

Three years ago, I got checked for life jackets, fishing license, etc. at least 10 times while on the rivers and lakes. My buddy asked me if I wanted to go night fishing for walleye on Nolin one evening and I said okay, and we'll probably even see the gamewarden. I just said this because it seemed like I was a magnet for F and W that year. And sure enough, we did get checked by two gamewardens at about 11:00 pm. I didn't see them checking the trolling Amish, but we were sitting still. If this law would cut the number of checks down to around 4 or 5 a year, that would suit me just fine.

I didn't get a ticket all year long and wasn't doing anything to get a ticket, but, I was starting to get a little annoyed.

I wasn't annoyed by the demeanor of the gamewardens. They were always nice. I guess maybe I just felt like I was getting a little too much attention.

[rickhise]

I have always been disappointed in the lack of visable (sp) water patrol out there, sorry guys Ill take this as another tool that will work for us.

the what if's over gray area's an interpation (sp) issues, etc,, those issues will be worked out,

[creekrock]

Three years ago, I got checked for life jackets, fishing license, etc. at least 10 times while on the rivers and lakes. My buddy asked me if I wanted to go night fishing for walleye on Nolin one evening and I said okay, and we'll probably even see the gamewarden. I just said this because it seemed like I was a magnet for F and W that year. And sure enough, we did get checked by two gamewardens at about 11:00 pm. I didn't see them checking the trolling Amish, but we were sitting still. If this law would cut the number of checks down to around 4 or 5 a year, that would suit me just fine.

I didn't get a ticket all year long and wasn't doing anything to get a ticket, but, I was starting to get a little annoyed.

I wasn't annoyed by the demeanor of the gamewardens. They were always nice. I guess maybe I just felt like I was getting a little too much attention.

I get checked with the same frequency esox.Last year at the Rough state ramp, as i was preparing to launch i was approached by 3 COs.They asked if i wanted to participate in a voluntary boat safety check.Well since they was leaning on my boat and staring at my cooler and inside of my boat i said have at it.I really dont have anything to hide and have never gotten a ticket or had any problems while on the water,i just want to be left alone.As a license buyer for 40 years it chaps me that i never have a resource based contact.I got checked 1 time at tville for a creel survey.One time in 40 years.

[Duayne]

Just got wind of this, apparently this a new law that went into effect this month, called the Boater Freedom Act, for the State of KY.


SB 66: Known as the "Boater Freedom Act," this law will require boating enforcement officers to have a reasonable suspicion of violation of the state's boating laws before boarding and inspecting a boat on state waterways.

Sounds good to me! the 4th amendment applies everywhere.

A reasonable suspicion of a violation is much different than the open checks performed in the past. All they had to do is see rods on the boat to assume you were fishing in the past. Now, having rods on the boat or actually fishing does not introduce a reasonable suspicion of a violation. Seeing you put a legal fish in the box does not introduce a reasonable suspicion of a violation. They would need to see a suspect size or watch you put too many any before there is a reasonable suspicion. I suppose they could hang out at cleaning stations.

Most do not realize that this is yet another reduction in water patrol powers in just the last few years and the last power removed was the ability to enforce the open container law. They can use the visual of an open container to check for BUI only.

I really don't know if I care for this change. We all want people who violate our size and creel laws caught and dealt with, we just do not want to be the ones bothered with being checked.

[sweetwater]

is it illegal to drink on a boat in KY? I had no idea... we drank all the time on a boat in Fl.

what about kayaks?

If you're over the limit and in control of a boat you can be charged with OUI (operating under the influence). It's carries a maximum $250 fine for the first offence and the taking a boaters safety course. That seems to be a meager punishment considering the damage and loss of life that a drunk boater could cause. I think the new law is geared more toward the benefit houseboat owners that were tired of a few Barney Fife LE officials that were boarding and searching their boats. All of my encounters with law enforcement officials on Kentucky waters has been pleasant ones and I do not mind being inspected from time to time as it stands to benefit us all.

[jfw]

If you're over the limit and in control of a boat you can be charged with OUI (operating under the influence). It's carries a maximum $250 fine for the first offence and the taking a boaters safety course. That seems to be a meager punishment considering the damage and loss of life that a drunk boater could cause. I think the new law is geared more toward the benefit houseboat owners that were tired of a few Barney Fife LE officials that were boarding and searching their boats. All of my encounters with law enforcement officials on Kentucky waters has been pleasant ones and I do not mind being inspected from time to time as it stands to benefit us all.

Well I have a place at Wax and a few years , we had a "special" Game Warden , he was running people off . He checked me one time and slammed my boat when he came up on me . But I am always legal .....I do personally think it is sad you cannot enjoy an adult beverage while fishing , heck it kinda goes together and as long as you dont over do it , but we know folks always over do it.

But this guy was ridiculous ... all the local merchants complained about him running business off and ya know I havent seen this Warden in the last 5or6 years ...

[kyriverblues]

The times I have been checked the guys have been very nice and sometimes even will relay some fish info of what they have been seeing. I don't mind showing my license or life jacket but I hate to have to show them the live well. I rarely keep a fish and hate to have to deal with that while trying to fish. I guess they have to do there job though. I do like to have 1 or 2 cold beers sometimes while fishing. From my experience the fish and wildlife don't worry to much about the guy fishing as they do the pleasure boats running 70 mph all over the lake. I was checked once on Lake Cumberland while striper fishing and had a bud light setting on the deck by me in plane view. The officer asked for our license and life jackets and did talk to us for a bit about what we were catching and what he had seen caught, I think he was seeing if we were slurring speech or acting drunk. After a few minuets he said you guys be careful and good luck fishing and drove off. I guess we were lucky but I think he knew we were not drunk and let us be. I did have a officer check us on the Ky river in Henry co. a few years ago and was a real ass wipe. He asked if we threw the fish out of the live well when I saw him coming and questioned us about alcohol and drugs in the boat and we had nothing but Pepsi. He was some young punk trying to act bad I guess but we just thought he was a real prick and make the good officers have a bad rap. That was the only bad issue I have had on the water. Most officers are cool and don't seem to mess with us much other than checking license and I don't mind that to bad.

[bigwormy]

So I will be renting a houseboat on cumberland for labor day weekend. This will be our 2nd year. My question is, if the boat is moored, can we all be drinking? That was the case for us last year..lol.. Not sure if we broke any law unintentionally. I was only one with boating experience so I was captain. 77 foot boat is hard enough to operate sober, let alone trying while drinking..lol. Hopefully the fish will bite better this year too.

[Duayne]

I am not a Lawyer so this is strictly my opinion but I have always understood that a moored houseboat is considered the same as being in a home. INSIDE. You could possibly have issues if you are on top going nuts. Point is, they really don't want to go through the hassle of bothering you if you are chilling with a cold one on the top of your houseboat. Inside it, you could go as nuts as you want.

[kstonich]

I need a house boat.