In an about-face, Kentucky Attorney General Russell Coleman’s office says Kentuckians can legally hunt and fish on their own farmland without a license even if their residence is elsewhere in the state.
The opinion, published Wednesday, ends the AG’s efforts to unseat the chair of the state’s wildlife management board.
In December, the AG’s office demanded the resignation of Kentucky Fish and Wildlife Commission Chair Chuck Meade, saying he did not meet a requirement that members of the commission must have had hunting and fishing licenses for five consecutive years at the time of their nomination. The office had launched an investigation into Meade’s eligibility to serve after receiving a citizen’s complaint.
Meade argued in response that he was exempt from the requirement for the years he did not purchase a license when he hunted only on his family’s Lawrence County farmland, pointing to the farmland license exemption.
Aaron Silletto, an attorney in the attorney general’s office, wrote in response that Meade had to live on the farmland to be eligible for the exemption. Silletto pointed to attorney general opinions from the 20th century.
Silletto’s interpretation of the law raised hackles among hunters and anglers across the state who said it was in conflict with how the law had long been understood and enforced.
Sen. Gary Boswell, R-Owensboro, requested the opinion that Coleman released Wednesday. It points to feedback from the Kentucky Department of Fish and Wildlife Resources, or KDFWR, the state’s wildlife management agency, that stated the department has previously interpreted the exemption to apply to “bona fide” farmland owners “without regard to whether such owners physically resided upon the farmland.”
“While the interpretation of statutes is ultimately a question of law for Kentucky courts, the manner in which KDFWR has historically construed the exemption is not contrary to the plain language of the licensure exemption statute,” Coleman wrote in his opinion.
Coleman wrote that while Kentucky residents who own farmland are not required to get a license, the opinion was “not intended to discourage owners of farmland from voluntarily purchasing hunting and fishing licenses” given that license sales were a “critical source of support” for KDFWR.
“As someone who grew up hunting with my dad on his Logan County farm, I’m proud to stand up for the rights of all sportsmen,” Coleman said in a press release. “Kentucky is home to some of the finest natural and wildlife resources in the world, and I encourage every Kentuckian to responsibly enjoy them while supporting critical conservation and preservation efforts.”
Doug Ramey, president of the League of Kentucky Sportsmen, which represents thousands of hunters across the state, told the Lantern he was glad Coleman was “open minded enough” to revisit the interpretation of the license exemption.
Ramey said while he does buy fishing licenses, he has a stream on his property where he would like to “drown a worm” without having to worry about whether his fishing license is expired.
“I was delighted to see that they changed that, changed their mind,” Ramey said. “Now we can hunt and fish on property that we own without fear of having to get a ticket.”
Coleman’s new opinion overruled the interpretation of the decades-old opinions. A release from Coleman’s office stated that following the publication of the new opinion, the office notified Meade “that it would close the matter involving his eligibility to serve.”
Meade told the Lantern he was glad Coleman took a “personal look at it” and that Coleman’s interpretation of the exemption “was based on what the sportsmen and women of the commonwealth had always believed it was and thought it was.”
“I appreciate the attorney general and his hard work,” Meade said. “I believe that this will help future land owners in the commonwealth for many years to come, and I’m grateful to get this chapter over with so we can get back to work on issues that really matter.”
Some of the issues Meade — who represents Eastern Kentucky counties on the commission — said he wanted to work on include a growing bear population and better maintenance of wildlife management areas in his district.
Commission members are volunteers who oversee the Kentucky Department of Fish and Wildlife Resources’s budget consisting of tens of millions of dollars in hunting and fishing license fees, boat registration fees, and federal grants. The commission also implements and changes hunting and fishing regulations.
Members are chosen for the commission through a vote by hunters and anglers, an appointment by the governor and confirmation by the Kentucky Senate.
State law directs the commission to keep a “watchful eye” over the department, and the commission controls the employment of the department’s head executive, Commissioner Rich Storm.