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I watched and a televison show on Spike countingdown the top 20 american sports that can kill you.
Fishing was #1 by a land slide.
Auto racing was second with 10 deaths/year
Fishing was first with 162 deaths/year
"Fishing Amercia's sport that is most likely to kill you":eek:
Good luck this weekend to everyone and be safe.
[QUOTE=psprowler;368052]Go ahead and wade a non-navigable stream in KY, get cited for trespassing, and then use this as your defense in the local county court. Let us know how that turns out..............[/QUOTE]
Look how worried I am.:cool:
Dont I look worried.:rolleyes:
Wade fished all my life never even heard of anybody getting cited for trespassing. Maybe its the places I fish I only fish 3 streams/rivers. Yeah stay out of the creeks more fish for me.
[QUOTE=Fntsyfbgod;368231]Look how worried I am.:cool:
Dont I look worried.:rolleyes:
Wade fished all my life never even heard of anybody getting cited for trespassing. Maybe its the places I fish I only fish 3 streams/rivers. Yeah stay out of the creeks more fish for me.[/QUOTE]
Let us know how that works out for you and what the fine is. Heck if it is relatively cheap, I might try it myself. No I won't. I remember I abide by the law.
People like you are the problem and are not part of the solution.
State test of Navigability
[B]"If the stream, in its natural condition, is capable of being used for floating vessels, rafts, logs, etc., and has in the past been used for that purpose, the public has an easement in it." It is not essential that the useful capacity of the stream be continuous (all year)"[/B]
I'm not talking about Elkhorn in particular that's a well established stream. What I'm talking about is fishing one of the streams that are not listed as "navagible" by the state of KY and then trying to use the above to make your case. Virtually any small stream can be floated via watercraft during the spring period so by the above American Whitewater definition it's automatically considered "navigable". The doesn't fly in Indiana or Kentucky. The landowner will call the conservation officer, the C.O. will visit you and either be nice and tell you to leave or issue a citation. Whether their interpretation of the law is correct is a non-factor unless you want to fight it on up the court system.
I'll continue to fish streams. I've been in 100+ over 5 states so I'll go out on a limb and say I've been on your 3.
Is there a list of KY "navagible streams"?
[QUOTE=JD7.62;368405]Is there a list of KY "navagible streams"?[/QUOTE]
Not sure if there is an actual list but I cut and pasted a relevant section from the american whitewater archives. They've done the legwork and summarized the legal cases that have come forth.
[B]KENTUCKY
1. Basic Description
Kentucky?s right of passage extends to recreational boating, but only on large streams capable of floating logs for commerce. Although boaters may thus access navigable streams, the definition frequently excludes smaller creeks and streams capable of floating recreational boats. On navigable streams, the right of portage probably exists as a matter of necessity.
2. State Test of Navigability
Kentucky?s state test of navigability is the "navigable in fact" test, similar to the federal commerce test. "If the stream, in its natural condition, is capable of being used for floating vessels, rafts, logs, etc., and has in the past been used for that purpose, the public has an easement in it." It is not essential that the useful capacity of the stream be continuous (all year), as long as the regularly occurring fluctuations make the stream useful as a highway. Kentucky expressly rejected the recreational boating test, so the fact that a skiff or canoe can float a stream is of no matter. The true test is whether the stream is generally and commonly useful for some purpose of trade or commerce of a substantial and permanent character. Even where a ferry has operated on stretches of a stream, the stream may not be navigable.
In Murray, Chestnut Creek was found to be non-navigable because it had not been used for log driving, nor was it useable for floating logs without assistance from persons on the banks. This was the ruling despite the fact that during freshets the creek received considerable amounts of water for several hours. Straight Creek, a ten-foot wide and four-foot deep creek during heavy flows, has also been declared non-navigable, because timber could not be floated without the aid of splashdams.
3. Extent of Public Rights in Navigable Rivers
The public can use navigable streams for recreational purposes, including the stream bottoms, despite the fact that streambeds of navigable rivers are owned by the adjacent riparian landowner. Public use of a navigable stream extends to the ordinary high water mark.
The existence of a right of portage in Kentucky is unclear. Some cases held that "the right which the public enjoys in a navigable stream is, in general, limited by its banks. "[T]he absolute rights of persons in the use of a navigable stream for the purpose of navigation extend alone to the bed of the stream, and not to the appropriation of the soil, trees, and vegetation on its banks, either permanently or temporarily, to their own use. . . ." However, one case recognized the right to use the banks of a navigable stream to effect floating logs or to retrieve stranded logs "as necessity may require," because such use is an activity incident to the use of the river. Portage is likewise an activity incident to the use of a navigable river and may be available to boaters as a matter of necessity or choice of evils.
4. Statutes Governing Landowner Liability
Kentucky's recreational use statute (Ky. Rev. Stat. Ann. §§ 150.645 and 411.190) was passed in 1968. This law does not require of the landowner to keep the property safe, warn of hazardous conditions, or provide any assurances of safety. In general, this law grants landowners broad immunity from liability for personal injuries or property damage suffered by recreationists on the owner?s land. However, the law does not protect the landowner from liability for willful or wanton misconduct, and does not protect the landowner if a fee is charged for the use of the property unless they are fees from land leased to a public agency.
Kentucky's tort claims act, which defines the scope of the government?s liability, is detailed in the Kentucky Board of Claims Against the Commonwealth, Ky. Rev. Stat. Ann. § 44.070 et seq.
5. Miscellaneous
Criminal trespass on private land that is fenced or posted against trespass or where the owner has communicated to the trespasser is a class B misdemeanor. [/B]
[QUOTE=Tim_T;368254]Let us know how that works out for you and what the fine is. Heck if it is relatively cheap, I might try it myself. No I won't. I remember I abide by the law.
People like you are the problem and are not part of the solution.[/QUOTE]
:D I cant believe you said "Let us know how that works"
I have been fishing creeks all my like did you miss that part? I have never even heard of anyone being taken to court for tresspassing while wade fishing in a stream let alone been charged myself. Have you heard of anyone being charged for tresspassing while fishing a creek? This whole topic is just hilarious to me the idea that anyone would in Kentucky would get charged for tresspassing while fishing a creek.
[QUOTE=Fntsyfbgod;369157]:D I cant believe you said "Let us know how that works"
I have been fishing creeks all my like did you miss that part? I have never even heard of anyone being taken to court for tresspassing while wade fishing in a stream let alone been charged myself. Have you heard of anyone being charged for tresspassing while fishing a creek? This whole topic is just hilarious to me the idea that anyone would in Kentucky would get charged for tresspassing while fishing a creek.[/QUOTE]
Just because you haven't been caught (yet) doesn't mean you are not breaking the law. Criminals are what they are, regardless if they get caught or not!
[QUOTE=DJD;367753]Whats next Pirates? This is crazy...[/QUOTE]
Shooting at bass fisherman......HMMMMMM....now I know what they make bass boats out of Kevlar.
Made the great state of KY should add to the fishing regs for Beaver and Taylorsville the following safety advisory:
" All fisherman on these two bodies of water shall be required to wear a personal flotation device [B][I]over[/I][/B] their [B][I][U]KEVLAR BULLET-PROOF VEST [/U][/I][/B]at all times. "
Bass boats have sonar, some radar, and satelite nav, and GPS. With these occurrences of gunfire at lakes. I think the next innovation for bass boats ought be "FIRE-FINDER RADAR". The Army uses it to track the location and origin of incoming enemy fire.