Committee advances Boswell bill to affirm private-lake fishing rights, allow certain stocking and set penalties for releases

Senator Boswell’s Senate Bill 39, described by the sponsor as a private-property-rights measure, was advanced by a House committee on a favorable recommendation after a short hearing that included stakeholder testimony and brief questions from members.

Supporters and the bill’s sponsors told the committee the measure clarifies that fish in private lakes belong to the landowner and does not change fishing license requirements. "This is a private property rights bill," Sen. Boswell said, adding that the bill "says that the fish in private lakes belong to the owner" and that there is "no change in fishing license requirements." David Mead, speaker pro tem, told the committee the substitute also clarifies a residency exemption so Kentucky residents who own land anywhere in the state need not live on that property to be exempt from licensing when hunting or fishing on their own land.

The committee substitute contains several substantive changes and permissions. Mead outlined that the bill would permit stocking of F1 and Florida bass in private lakes or ponds, prohibit the use of a private-pond origin as an excuse to avoid creel limits on public waterways, and ban the intentional release of F1 or Florida bass into public waters. The substitute also directs the department to set regulations allowing certain nocturnal hunting of beavers and bobcats and clarifies allowable equipment. To create an enforcement mechanism, the substitute establishes fines of up to $10,000 per offense for intentionally releasing F1 or Florida bass into public waterways, while allowing the department to stock department-owned waters at its discretion.

Two witnesses addressed the committee. Larry Richards, a leader with the League of Kentucky Sportsmen, testified in support, calling the measure "a good, thoughtful, measured attempt" and saying "the sportsmen are behind it." Nick Hart of the Kentucky Waterways Alliance said he supports private-landowner rights but urged clearer language to ensure public waters are protected, asking the bill to specify "private lake" ownership and to address ponds in floodplains so stocked fish do not escape into public waterways.

Representative Moore asked whether the Department of Fish and Wildlife had been involved. Sen. Boswell said he had spoken with department staff and that the department’s main concern — that the bill not change licensing requirements — had been addressed by the substitute. When Representative White pressed whether Hart’s concerns were resolved, Boswell pointed to language excluding lakes attached to public waters and said adding broader restrictions (for example, on spillways) would undercut the bill; Mead said one section should explicitly insert the word "private" and that the change could be made as a floor amendment.

The committee adopted the committee substitute and then voted to report the bill favorably to the full House. Representative McCool explained he voted no because he would prefer the measure apply to public lakes as well — for example, to benefit high school teams — while Representatives Chester Burton and Watkins recorded passes. The roll call in the transcript recorded 17 yes votes, 1 no (Representative McCool) and 2 passes (Chester Burton and Watkins). The chair announced the bill "pass[ed] with favorable expression" to the House floor, and the committee adopted a title amendment by voice vote.

The bill now moves to the House floor, where sponsors indicated a narrow language change (adding the word "private" to one section) could be offered as a floor amendment.