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Who owns the fish in a pond on your land?

Melensdad

Jerk in a Hawaiian Shirt & SNOWCAT Moderator
Staff member
Put this down in the ‘Too Much Government” file!

I want a pond on my property and I picked up a copy of ‘Pond Boss’ magazine. I read an article that made me shake my head. (Pond Boss, Sept/Oct 2010, pp. 30-34)

It asked the question: “Who Owns ‘Your’ Fish?”

My first reaction was to think ‘That’s a silly question.’ Then I found out it wasn’t silly at all….

The article’s author was from New York state. In New York, the waters and fish of the state belong to ‘the people,’ not an individual. If you have a pond on your property, you own the ground under the water, but you don’t own the water or the fish! You have to have a fishing license to fish your pond and you must follow the size and number limits for each fish species. You can apply for a ‘Farm Fish Pond License that allows the owner to fish your pond with no size or season limits.

What an incredible situation! That a land owner must get permission from the state to use his own land (in a way that doesn’t affect anyone else)! Government is too big and too invasive when we get to this point!

In Georgia the fish belong to the land owner and he and his family can fish without a license, but other people need a license.

In Illinois, you must live on the same property as the pond if you want to fish without a license. You still must follow the state’s size and catch limits.

In Oklahoma, all wildlife is considered the property of the state unless the land owner has receipts showing he stocked the pond with specific varieties of fish. If you catch other species, you have to follow the state’s size and bag limits.

In Indiana, (my state) you don’t need a license to fish private waters and the Indiana fishing regulations do not apply (Unless ‘public’ fish migrated into private waters; then the regulations apply). You still must have permission from the land owner to be on his property. So if you own the property you pretty much can do what you want.

There are variations on a theme as you go from state to state. I like Texas’ approach best….”If you own the pond, you own the fish. Do with ‘em what you like!”
 
If I ask the state for fish to stock my pond, I have to allow its use by the public.
Since I stocked it (or the blue heron or egrets), I can fish without a license and so can anyone else I allow.
I still have to have a hunting license for small game, fur harvesting, or deer, because they are not living solely on my land. (If i had a privately stocked and properly secured game preserve, it would be a different manner)
 
We have a pond here, and people are free to fish there.
I think the estate owner stocks it, as well as other people who live here.
Other than that, I have no clue.
Rarely do I drive back among those homes and see what's going on as I live on the road side and not back there.
 
If I ask the state for fish to stock my pond, I have to allow its use by the public.
Since I stocked it (or the blue heron or egrets), I can fish without a license and so can anyone else I allow.

That's how it is in Texas as I understand it. The State however isn't asked to stock many private lakes so for the most part it's best to get permission or stay away. Texans have been known to be mighty protective of their fish. :biggrin:
 
When Hitler was defeated, the Gestapo and the SS were disbanded and sent to New York to run the state. Why else would you have so much gubmit control over what should be a private property and private ownership issue?
 
Why else would you have so much gubmit control over what should be a private property and private ownership issue?
Re. NY, this is reason 2,602,452 that I moved out of the state almost 20 years ago and won't move back. The gov'n (and taxes) in that state is reaaalllllyyyyy messed up.
It looks like PA is like TX on this one.
 
That's how it is in Texas as I understand it. The State however isn't asked to stock many private lakes so for the most part it's best to get permission or stay away. Texans have been known to be mighty protective of their fish. :biggrin:
you mean it's not normal for everyone to have well marked range stakes planted between the house and the pond? :D
 
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