Georgia legislative win secures rights for anglers, paddlers, and hunters

A new law will take effect soon in Georgia which firmly establishes the public’s right to fish, hunt, and paddle in the state’s major rivers and streams. Senate Bill 115, signed into law by Governor Kemp, addresses recent efforts by private landowners to restrict fishing rights.    

Just two days prior to the legislative session ending, shoal bass fishing spots in Georgia were shuttered to the public. The settlement agreement gave the landowner the exclusive right to fish the shoals and allows anglers to be ticketed for fishing without permission. 

The new law upends the settlement agreement and will prevent similar agreements from being reached in the future.  

Despite attempts to privatize Georgia’s waterways over the years, our navigable rivers and streams are public resources that should be protected for all users, and in the South, fishing, hunting, and boating is a way of life for many.

Senior Attorney April Lipscomb

“This law is a critical step forward in striking the right balance between public use and private property rights, ” says Lipscomb. 

It took quick action from SELC, our partners, Georgia lawmakers and Governor Kemp to get this change enacted with only days left in the legislative session. The bill would not have been possible without strong collaboration between state leaders and local partners including the Georgia Wildlife Federation, Flint Riverkeeper, Altamaha Riverkeeper, and the Georgia Hunting and Fishing Federation.  

“It was time for our legislature to start addressing the tensions between private landowners and river users.” says Lipscomb. “We are pleased that our legislature and Governor Kemp recognize the importance of protecting Georgian’s access to our rivers and streams.” 

The new law clarifies that the public trust doctrine applies to all navigable waters in Georgia. This doctrine recognizes that the state of Georgia owned the beds of all navigable waters and tidewaters in trust for the public at statehood, and even if the state later conveyed the beds of those streams to private individuals, the public still retained the right to fish, hunt, and boat in those streams. This bill, and the rights enshrined in it, will play a pivotal role in SELC’s work going forward.