SOUTH CHARLESTON, W.Va. — The feud between the Hatfields and McCoys was divided by the Tug Fork River along the West Virginia and Kentucky border, but issues between the two states over fishing in the river are much older and much deeper.
“The issues pre-date the Hatfields and the McCoys,” laughed West Virginia Division of Natural Resources Assistant Chief of Warmwater Fisheries Brett Preston.
However, the two states seem poised to put the matter of fishing in the Tug Fork and Big Sandy Rivers to bed. The two waterways form the border of the two states, but for many years there has been confusion over which state’s license you will need to fish there. Under an agreement now in the final stages of approval, either state’s resident fishing or hunting license would suffice.
“This past legislative session, the legislature passed a provision in state code that grants authority for the director of the DNR to enter into a reciprocal hunting and fishing agreement with the state of Kentucky,” said Preston.
The agreement would allow residents of both states, who have a resident fishing license of their home state, to fish from a boat or either bank and be within the law.
“This will help clarify any confusion, especially when fishing on a boat,” said Preston. “We have declared if you are legally entitled by having a resident license from Kentucky or West Virginia that would constitute being able to legally fish there. On the enforcement side of things it helps our enforcement guys a little. It’s really a good will gesture between the two states.”
“I’ve been getting calls and e-mails from folks in Eastern Kentucky to get this done for a long time,” said Ron Brooks, Fisheries Division Director for the Kentucky Department of Fish and Wildlife. “I think people believe once the barriers are broken down, more people will take advantage of it.”
Officials from both states have been talking about the agreement for more than a decade. However, the wheels of state government turn slowly. One of the hurdles which slowed progress was trying to determine exactly who owns the two rivers.
“I think most people in eastern Kentucky just assumed West Virginia owned most of the rivers,” said Brooks. “But when you really got down to the nitty gritty there was so much ambiguity I still don’t think it’s clear. I think because it was so ambiguous, neither state seemed to put a whole lot of emphasis on studying the waters there. I think with this agreement that will change too and that’s positive in itself.”
West Virginia has similar arrangements with the state of Ohio on the Ohio River and with the state of Maryland on the Potomac River and North Branch of the Potomac. Those agreement were put into place in the 1960’s and ’70’s. The Ohio agreement allows anglers from the opposite shore to fish in tributaries and embayments “up to the first riffle.” The proposed agreement with Kentucky does not contain such language.
“There aren’t many quite honestly on the Tug Fork or the Big Sandy,” said Preston. “But it just covers the main stem of those two rivers.”
The agreement also includes a recognition of the other state’s resident hunting license for waterfowl hunting only from either shore.
“I think fishing has gotten better on the Tug Fork and Big Sandy,” said Preston. “There’s a lot of interest in catfishing on both rivers and I think it’s a sign people are fishing more often.”
The agreement needs only the review and approval of the Kentucky Department of Fish and Wildlife Resources Commission.
“They’ve approved it for quite a while in theory,” said Brooks. “We are submitting it currently and it will take about five months to complete the process.”
Neither Preston nor Brooks saw any indication the agreement would face any major hurdles toward approval.