
With a GF&P employee checking it out, perch tumble into Gardner Lake near Buffalo as part of the state’s annual stocking program. State regs limit the stocking of public waters to government crews.
By Kevin Woster
Public water isn’t what it used to be. It’s a lot more.
No question, GF&P controls stocking on public waters, such as Missouri River reservoirs, Canyon Lake, Spearfish Creek or Orman Dam.
Waters on private property are more complicated, although a relatively recent state Supreme Court decision seems to indicate that they are public waters, too.
“That basically said all waters are public waters,” GF&P fisheries chief John Lott of Pierre says. “The question becomes access and use.”
GF&P contends that if our main man rd has a sweet bass or trout dam on his property, the water itself is public - technically. As a practical matter, however, it’s rd’s land and rd controls the access to the water - unless he has an agreement with GF&P.
He can pretty much stock it as he sees fit, so far.
“We don’t get a lot of heartburn about that on private land, for just recreational fishing,” Lott said. “Landowners have always moved fish around on their own land.”
The agency is looking at the issue, however, in light of the Supreme Court ruling. And the fact that virtually all water, natural or impounded, is in a drainage that connects to other waters adds a public-policy question to waters on private land.
That’s especially true in an era of increasing problems with invading aquatic plants and nuisance fish. It could lead to review of state fishing regs that cover stocking.
“Even in water that seems completely enclosed, if we ever do get high-water years again, we could have fish move out of that dam or lake and into other waters,” Lott said. “We are thinking about all those issues.”
There’s no thinking necessary about public waters, however. You can’t stock them unless GF&P is involved. That includes dumping a northern pike in some water you hope to fish, because YOU’VE decided it would be a good idea.
It wouldn’t.
You also can’t dump the rest of your live minnows in public waters, either.