Transporting live fish

[roberte68]

KY Fish and Wildlife has a pond stocking program, and I don't believe it cost much if anything. Might be worth checking into.

[Bobby Headrick]

It might be best as suggested as above to purchase your fish from a hatchery, and also, please correct me if I am wrong, if you get fish from the KDFWR, you might have to allow some public use, not really sure though, but taking fish from other ponds, lakes, streams etc, could also introduce unwanted disease's or other problems,LMBV, bacteria's alges, etc. so be careful as your pond is it's own eco system.

[the_donger]

The $25 is money well spent when paying for KDFWR to stock your pond. They ask questions about the size of your pond and what you are looking to catch. They will then send a truck loaded with the fish you want and fish that the fish you want will eat. And you definitely do not have to open your pond to the public.

[know1]

Question - if your pond borders public land or right of ways like a roadway and people can get onto the water from the roadway or public land and float on it in a kayak, etc., are they allowed to fish it?

[CTFSHWHISKER]

they have a book on pond stocking and it also has some info in the fishing regs book,if it is your pond you do not have to allow anyone you don't want to fish it.the book is very good tells how many fish of each species and what to do do for water quality and how to harvest the fish to keep from stunting the growth.i would say it may be available onlne but i havn't looked.

[Danny]

Question - if your pond borders public land or right of ways like a roadway and people can get onto the water from the roadway or public land and float on it in a kayak, etc., are they allowed to fish it?

That's a great question. I don't know the legal answer 'gurl, but I would assume the answer is no, unless the pond is part of a larger creek or river.

The reason I say this is our land comes right up next to an interstate, yet we can mark the land as "No Trespassing". So if we own a pond that is wholy on our land, and the water that feeds our pond, as is the case here, are three underground streams that come out and feed the pond, then I think we own the water too. the water comes out of our land. Now I know we may not own all the mineral rights, but it seems that once the water comes out, it is not a mineral under the ground, but instead a product of the ground that we own, and we have the right to prevent folks from getting on it.

I would site the law that says if you own a swimming pool you have to have a certain sized fence around it, and the fact that parents can sue if their child drowns in your pool.

Now one of our lakes is about 100 acres. It was owned by Peabody, except the 12 acres on us. Peabody has since sold to a private company that also doesn't want folks back there. It is my understanding that if someone who has the company's permission to get on the lake on their property, I can not deny them access to our 12 acres, just as the company can not deny us access to the other 88 acres, as long as we acess it via water.... e.g. a boat.

Maybe one of the lawyers on here will answer this for us.

Danny

[Bobby Headrick]

Thanks guys for clearing up my question. Danny do you live in Ohio co? They have really put a hurt on places to fish at Peabody.I used to fish there all the time mainly on South and Island Lakes, used to catch some good ones at Big Ken but those days are gone. It is not even worth paying the 15$?permit fee to use peabody. What gets me is that we as sportspeople paid these extra fees to use this place so they could keep it up and then they sell it away from us. It just does not seem right. I guess greed rules over was is right.

[know1]

That's a great question. I don't know the legal answer 'gurl, but I would assume the answer is no, unless the pond is part of a larger creek or river.

The reason I say this is our land comes right up next to an interstate, yet we can mark the land as "No Trespassing". So if we own a pond that is wholy on our land, and the water that feeds our pond, as is the case here, are three underground streams that come out and feed the pond, then I think we own the water too. the water comes out of our land. Now I know we may not own all the mineral rights, but it seems that once the water comes out, it is not a mineral under the ground, but instead a product of the ground that we own, and we have the right to prevent folks from getting on it.

I would site the law that says if you own a swimming pool you have to have a certain sized fence around it, and the fact that parents can sue if their child drowns in your pool.

Now one of our lakes is about 100 acres. It was owned by Peabody, except the 12 acres on us. Peabody has since sold to a private company that also doesn't want folks back there. It is my understanding that if someone who has the company's permission to get on the lake on their property, I can not deny them access to our 12 acres, just as the company can not deny us access to the other 88 acres, as long as we acess it via water.... e.g. a boat.

Maybe one of the lawyers on here will answer this for us.

Danny

Thanks for the information. I guess I wasn't overly clear, but your last paragraph is similar to my question.

I meant that if someone could get on your pond without stepping or driving on your property - ie. straight onto the surface of the water, can you actually keep them off the pond?

I'm pretty sure that in some states you can't, but not sure about KY.

[Cobra190]

I may be mistaken but I remember it at follows-- A pond on someones property belongs to the property owner and they have the right to allow or now allow pubplic access. A continual creek or stream (Elkhorn or Stoner)is governed by either State Or Federal Juridiction and you can fish it by watercraft or wading as long as you enter from a public access site and would only need property owner permission if you enter onto his property from the creek itself or access the creek through his property. Some Lakes have a easement of so many feet that enables people to fish them from the bank, but I don't know if this applies to streams and creeks. Don't quote me on facts, this is how it was explained to me by a F&W person years ago.

[RoadToad]

I've had the thought of using some of the fish I catch to help re-stock the little pond I live on. So the question is how long can you keep a game fish alive and what are some techniques for keeping the fishies happy and healthy on the way home?

Stocking your private pond with fish you catch is perfectly legal in Kentucky. IMHO, it's also a complete waste of time. If you want to establish a balanced population of bluegill and bass, one that results in a pond worth fishing, then your best bet by far is to contact your local fisheries biologist, Kerry Prather, and have him help you stock your pond. The cost is minimal, and the results are worth it.

http://fw.ky.gov/pdf/farmpondbooklet.pdf?lid=1892&NavPath=C101C136

[the_donger]

fishrgurl - It does not matter if someone can get to it without crossing over you property. If you own all of the pond, every little bit, then you can decide who fishes those waters. Think of it like a fence in your backyard. Your neighbor can legally approach your proprty to a certain point, but may not legally cross that line without your permission. If even a miniscule amount of that pond is under that fence, your neighbor would legally have the right to go anywhere on that body of water. This might occur if the pond expanded due to heavy rain or something like that.

Now having said that, if your neighbor was on the pond legally and got out of his boat, or maybe he is swimming, the very second he touches bottom, he is trespassing. If the water is communally owned he has access to it, but the land UNDER the water is yours and you can decide who can walk on it.

[Danny]

Thanks guys for clearing up my question. Danny do you live in Ohio co? They have really put a hurt on places to fish at Peabody.I used to fish there all the time mainly on South and Island Lakes, used to catch some good ones at Big Ken but those days are gone. It is not even worth paying the 15$?permit fee to use peabody. What gets me is that we as sportspeople paid these extra fees to use this place so they could keep it up and then they sell it away from us. It just does not seem right. I guess greed rules over was is right.

Hey Bobby,

Actually we live in Muhlenberg County. However our Great Uncle lives just up the road from those Ohio County areas you mentioned. Most of them now have gates that are locked. I've been told the same guy/group has purchased all the land that surrounds our 250 acres. Over here they go by the name West Land, and the main guy lives in Minneapolis, but he hired an old friend of my father-in-law's to over see the property. They have also hired several ex-peabody men. There is talk of them opening a mine.

They bought almost 6,000 acres over here, from what we've been told. We've heard they paid an huge price per acre too. They also have gated off all the acess points here, but gave us a key. However, last weekend I caught some trespassers. Two young boys on a 4 wheeler. We have some problems with beavers, and I was back there watching for them with my weapons. I guess the boys saw them, and got a little scared because they would not stop. They did high tale it out of there though. BTW, I would never pull my weapon unless I planned to use it. My pistol stayed holstered and my rifle stayed in the truck.

Anyway, I am not sure if the peabody land sold in Ohio county actaully went to this same guy or not. We hear a lot of different rumors about what is going to be done.

Anyway, I don't have much else I can add right now. Only this, if I didn't have to pick trash up back there so often, I might not mind the 4 wheelers so much. But everyweek, I bring back a lot of trash. Well, since West land bought it, there hasn't been as much. I heard they changed all the peabody locks, and that got rid of a bunch of people.

Danny