Kentucky Revised Statutes

Ky. Rev. Stat. § 150.460 (2026)

Use of certain substances and devices in public waters prohibited -- Use of

✓ current as of May 2026

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explosives and firearms prohibited. (1) No person, firm or corporation, whether acting in a private or public capacity, shall place or cause to be placed in any public waters any substance that might injure, interfere with, or cause the waters to be unfit for the support of wildlife. When any employee of a person, firm or corporation, in the course of his employment, places or causes to be placed any such substance in any public waters, his act shall be prima facie evidence of the guilt of both the employee and the employer, and either one (1) or both may be punished as provided in subsection (7) of KRS 150.990. Each day that this section is violated shall constitute a separate offense. This section does not apply to employees or agents of the department acting in an official capacity. (2) No person shall use, or attempt to use any electrical device, fish-finding devices excepted, of any type, such as telephone, or electrical leads from a magneto, or battery, or motor, or any other type of electrical equipment, in any stream or body of water. This does not prevent the authorized employees or agents of the department from using this or any devices in research or investigational work. (3) No person, except employees or agents of the department, shall willfully place or attempt to place in any of the public waters of the state any substance which has a poisonous or intoxicating effect upon wildlife. (4) No person shall kill, injure, shock, or stun or attempt to kill, injure, shock, or stun any fishes by any explosive agent, firearm, or other device. This provision shall not apply to employees or agents of the department acting in an official capacity. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 474, sec. 9, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 365, sec. 12, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 265, sec. 24, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 37, effective June 17, 1978. -- Amended 1968 Ky. Acts ch. 38, sec. 24. -- Amended 1956 Ky. Acts ch. 115, sec. 19. -- Amended 1952 Ky. Acts ch. 200, sec. 64. -- Amended 1944 Ky. Acts ch. 124, sec. 14. -- Amended 1942 Ky. Acts ch. 68, sec. 47. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1253, 1954d-29, 1954d-38, 1954d-39.

Notes of Decisions

Cited in 4 cases, 1948–1979 · leading case: City of Lexington v. Cox, 481 S.W.2d 645 (Ky. Ct. App. 1972).

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City of Lexington v. Cox, 481 S.W.2d 645 (Ky. Ct. App. 1972). · cites it 2× “The petitioner also asserts that the indictment places it in jeopardy of twice being convicted since it has already been fined by the Kentucky Water Pollution Control Commission; that KRS 150.460 is unconstitutional; and that the enforcement of this statute is discriminatory.”

Commonwealth v. Brown Forman Distillers Corp., 211 S.W.2d 858 (Ky. Ct. App. 1948). “The appellee, Brown Forman Distillers Corporation, was indicted by the grand jury of the Woodford Circuit Court for the offense of depositing substances in public waters injurious to aquatic life, as denounced in KRS 150.460. The punishment for this offense is fixed in KRS 150.”

City of Murray ex rel. City Comm'n v. Commonwealth ex rel. Mitchell, 584 S.W.2d 403 (Ky. Ct. App. 1979). · cites it 3× “The trial judge was correct in instructing the jury using the language of KRS 150.460, and otherwise interpreting the statute to impose strict liability upon the appellant city.”

Commonwealth v. Wiman, 215 S.W.2d 283 (Ky. Ct. App. 1948). “Similar law also provides fines ranging from $100-to $1,000 or prison sentences up to six months or both fines and prison sentences for pollution of a stream to the detriment of fish therein.”

— Ky. Rev. Stat. § 150.460(1) — 2 cases

City of Lexington v. Cox, 481 S.W.2d 645 (Ky. Ct. App. 1972). “The petitioner also asserts that the indictment places it in jeopardy of twice being convicted since it has already been fined by the Kentucky Water Pollution Control Commission; that KRS 150.460 is unconstitutional; and that the enforcement of this statute is discriminatory.”

City of Murray ex rel. City Comm'n v. Commonwealth ex rel. Mitchell, 584 S.W.2d 403 (Ky. Ct. App. 1979). “The trial judge was correct in instructing the jury using the language of KRS 150.460, and otherwise interpreting the statute to impose strict liability upon the appellant city.”

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