To be eligible, the body of water must satisfy all four of these conditions.
- It must be public-use waters, where the general public is permitted to fish by the controlling authority (e.g., state, county, municipality, business, private individual, residential development association or property management group). Water posted “KEEP OUT,” “Off Limits” or “No Fishing” by the property owner or by municipal, state or federal agencies is most likely ineligible. However, if permission to fish a body of water is granted, without prejudice or bias, to anyone who meet’s the controlling authority’s terms and conditions, then the water is considered “public use” and is, therefore, eligible. If the controlling authority for a pay-to-fish lake does not discriminate so that any member of the public may pay the user fee to fish it, that’s considered eligible water, too.
- It must be within the event’s competition area boundaries established for each event by the Tournament Director. That may be state boundaries, or a certain number of nautical miles up- and down-river from a fixed point, or a set radius from a fixed point, or water up to a landmark. An event may also include as eligible water any sloughs, coves, backwaters, or adjoining ponds that are contiguous to the main body of water and that can be reached by paddling and floating. Or, for another event, a Tournament Director may define eligible water to include smaller bodies of water temporarily or permanently separated from the main body by a gravel bar, swamp, levy, berm, road bed or other land form, that can be reached by dragging or portage.
- It must publicly accessible. Competitors may not cross restricted property to reach it but must be able to access the water from or across publicly-accessible areas or right-of-ways. If a community pond is posted and reserved for residents only so that one must trespass in order to reach it, then it is not publicly-accessible and is, therefore, ineligible. For example, if a community or homeowner’s association provides an unrestricted, public access launch area for its public-use lake, even though it’s otherwise surrounded by private property, then it’s eligible. The requirement to pay a launch fee makes no difference; if anyone may pay the launch fee and thereby gain access to the public water, then it’s publicly accessible.
- It must not be restricted by date or time. if a lake has posted use or access times or fishing is allowed only during certain seasons, it is considered eligible only during the dates and hours permitted by the controlling authority.
Water that does not meet those four conditions is ineligible, even if one is not physically prevented from driving to it and launching. Permission by a home-owner for a kayak angler or even a small group of them to use private lakes or ponds or cross private property does not make that water eligible.
for the kayak fishing industry.
(KBF-FLW CUP, 2019).
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