Watch Yourselves If Fishing Around Carrollton

[adam7456]

The Kentucky River Authority apparently doesn?t believe in posting proper signs and there is a conservation police officer in that area with the reputation of a writing a lot of tickets for everything. That?s what I?ve been told by several people and experienced firsthand myself.

My girlfriend and I had decided to try fishing the Kentucky River for the first time. The week prior we had gone up the Kentucky River to Lock 1 by boat and saw a lot of people fishing off the lock. I didn?t feel like getting the boat out again the next weekend so we drove to the lock to fish like we saw everyone else doing. There is no gate or fence at the lock you can drive right up to it. There is no sign that says ?No Fishing?, no chain or barrier restricting access to the lock gates or the lock structure, and the locals didn?t seem concerned about no trespassing sign painted on ground. It was my first time there so I didn?t know what to make of it.

Well apparently fishing off the lock is not allowed. How people are supposed to know this information, especially the first time out, is beyond me. Like I said there was no sign that said ?No Fishing?, there were no barriers, there is no mention of fishing off the lock being prohibited in the Kentucky Fishing Guide, and there is no mention of the Kentucky River Authority in the fishing guide or that they have additional restrictions.

After the fact the only place I was able to find mention of the ?No fishing from the lock structure? rule is on the Kentucky River Authority website. So with no signs and nothing indicating that Kentucky River Authority manages the locks; how are people supposed to know to go to the Kentucky River Authority website for a list of restrictions?

Unfortunately we got to learn this lesson the hard way when the conservation police officer showed up and asked for our IDs. He said the lock master had asked them to ticket people. Even though it was my first time fishing there and it was a free fishing weekend where people that don?t have experience are encouraged to fish, we weren?t given any type of warning. Instead we were each given a $253 ticket. That is $506 in fees for not being aware that the Kentucky River Authority only has additional regulations on their website and expects the entire population to be aware of it.

My brother is a conservation police officer for the state of Illinois. He was one of the more aggressive and hard core officers when it comes to writing tickets. When I told him about the situation he said that even he wouldn?t write two tickets. Being cited like that in Illinois can be expected as they are pretty heavy handed up there with enforcement. That is not what I?ve learned to expect in Kentucky where people are more polite, laid back, friendly, and willing to give someone the benefit of doubt.

That saddest thing about the situation is that all day long my girlfriend was excited and couldn?t stop talking about how much she enjoyed fishing. After the tickets her words were ?I don?t think I will be fishing much anymore.? After this experience I can see why that would be. It is simply not worth it. To get $500 in fines for not knowing an obscure regulation is ridiculous.

[stripernut]

that seems a little excessive....have you talked to a county attorney? worth a try maybe

[Duayne]

You can always fight it. I am sure this isn't any different than other situations regarding tickets issued by officers where they (the officer) is the only proof. You might win by default if the officer doesn't show and for that amount, it might be worth the chance. Of course you each will have an assigned court date, although I am sure all the tickets written that day will be assigned to the same docket. You could go out and take pictures showing there are no signs, but you say there are trampled no trespassing signs so that might not fly but it might. I am certain that no trespassing must be CLEARLY marked and you would have a valid point in saying it wasn't. If it does turn up that they say there was signs, no Trespassing covers no fishing pretty well. Also, the prosecutor will probably argue that not knowing is no excuse and that argument usually wins but definitely doesn't all the time.

[RICHYD4U]

That stinks...nothing can ruin a good time fishing quicker than a ticket!

-Rich

[21XRD300]

The Kentucky River Authority apparently doesn’t believe in posting proper signs and there is a conservation police officer...................

and the locals didn’t seem concerned about no trespassing sign painted on ground. It was my first time there so I didn’t know what to make of it.

.....................To get $500 in fines for not knowing an obscure regulation is ridiculous.

Did all the locals get written up too, hope you weren't singled out. These days I'd believe it if I heard that the officers are mandated to write up as many as possible with the state being out of money and all.

[adam7456]

If it does turn up that they say there was signs, no Trespassing covers no fishing pretty well. Also, the prosecutor will probably argue that not knowing is no excuse and that argument usually wins but definitely doesn't all the time.

We were able to talk to someone about it and worked out a deal. But what you said is basically what we were told, we should have known that the no trespassing sign meant no fishing.

Interesting enough though the tickets were for fishing without permission not trespassing. There were other people on the lock when the officer showed up but he didn't cite them since he said he didn't see them fishing. As I was leaving another local stopped me and was shocked that we got tickets because "people fish out there all the time".

If the Kentucky River Authority is going to push for people to be prosecuted then they should make it clear what their restrictions are by at least putting up a cheap sign stating such.

[artcarney_agr]

I thought if you can float it, you can fish it. The ones that should have been getting tickets are the ones on land, that were obviously trespassing.

[Duayne]

I hope you are satisfied with your deal as it may have been your best route. Doing some quick searching, it is not required to post signs for criminal trespassing in Kentucky, but it is to the advantage of the land owner in civil cases when seeking damages for damaged property. Markings are never required for buildings and structures, so the locks could easily be considered a structure. I would think the "fishing without permission" IS the proper citation. It would be the same as entering a private farm pond and fishing without permission. Asking and gaining permission would be the proper alternative.

Here's where I am scratching my head. Conservation officers can enforce most laws and especially those related to land. WHY did he not write trespassing tickets to those who were there regardless of whether they were fishing or not?

I can understand the lock master not wanting people there. But that should go for those fishing or "not" just the same.

One more note: Whether they have to mark it or not, they SHOULD. It sends major mixed signals not having it marked then having the law just show up, especially when so many people seem to be doing it.

[Duayne]

Their second trip was on land.

[adam7456]

I hope you are satisfied with your deal as it may have been your best route. Doing some quick searching, it is not required to post signs for criminal trespassing in Kentucky, but it is to the advantage of the land owner in civil cases when seeking damages for damaged property. Markings are never required for buildings and structures, so the locks could easily be considered a structure. I would think the "fishing without permission" IS the proper citation. It would be the same as entering a private farm pond and fishing without permission. Asking and gaining permission would be the proper alternative.

Here's where I am scratching my head. Conservation officers can enforce most laws and especially those related to land. WHY did he not write trespassing tickets to those who were there regardless of whether they were fishing or not?

I can understand the lock master not wanting people there. But that should go for those fishing or "not" just the same.

One more note: Whether they have to mark it or not, they SHOULD. It sends major mixed signals not having it marked then having the law just show up, especially when so many people seem to be doing it.

I was told the deal I got was the best that would happen without getting a lawyer to fight it. A lawyer would have have cost just as much as the tickets if not more so, so I just sucked it up and paid.

After going back and doing all the research I found the same information you did. Criminal trespass in the 3rd degree could have been issued instead of the fishing without permission. That would have applied to me and the others on the lock. Can't explain why the officer chose one over the other.

Like you said technically structures don't have to be posted and there are no regulations on what a sign should look like. So a faded and dirty painted sign on the ground is "good enough". I completely agree that if they are going to be pushing for tickets to be written they should have signs that clearly explain what can or can't be done there.


On a slightly different note, Tim Farmer did a skit at the opening of the most recent Kentucky Afield show. He was fishing a secret location and some other guy shows up and starts crowding him. Tim asked if he had permission to fish there and the guy said no he just saw Tim out there fishing and thought it would be ok. Now obviously they did have permission. It just stung a little to be smacked with a ticket from Fish and Wildlife and then see one of their employees making a joke about it like it was no big deal.