Originally Posted By: snrub
Originally Posted By: Turtlemtn
KS had the same deal when my folks lived there: if the State stocked the pond for you, you had to let the public fish.


I believe Kansas still has that but no one uses it because of the public use issue. I think it was my NRCS guy that mentioned that to me. The upside to no one using it is that private commercial fisheries actually have a market for their stocking fish that way. So private enterprise has no tax subsidized competition. I think the for profit fish farms in Kansas have a tough enough go as it is.


snrub, I don't think States can legally demand a private land owner allow trespassing...it is a common myth that if a state stocks a pond, anyone can fish it. In Missouri, if the state stocks the pond, the pond is considered waters of the state, but no one can trespass to fish in it, You'll also need permission to stock any fish except fathead minnows...The only way to end the state control is if you kill the pond, then it is no longer waters of the state. Missouri did encourage landowners to "allow" fishing.

Doesn't look like KS ever required trespass either, nor does it stock fish in private use waters now....read this....

From at least 1914 until 1990 the Department provided free fish for stocking in private ponds. This program was popular with both landowners and anglers. However, in the 1980’s the Kansas Commercial Fish Growers Association lobbied the Kansas Legislature to stop the agency’s pond stocking program because they viewed it as an infringement on the free enterprise system. In response to their efforts, during the1990 the Legislative session a bill was passed that prevents the Kansas Department of Wildlife, Parks & Tourism from stocking ponds with fish unless the fish have been purchased from a private fish grower or the pond is open to public access.

Since that time, the Department’s primary focus has been to provide technical assistance on managing fish populations in ponds and information on where pondowners can purchase fish.

Pondowners not wishing to purchase fish may want to consider enrolling their pond in the Department’s F.I.S.H. Program. This program allows the Kansas Department of Wildlife, Parks & Tourism to lease private water from landowners for public fishing. Landowners participating in F.I.S.H. receive payments which vary according to the number of water acres enrolled and may receive fish stockings from the Department’s hatcheries.

Last edited by Rainman; 04/27/16 04:26 PM.