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Old 09-17-2006
Trout Hunter

 
Join Date: Feb 2004
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Something to chew on!

>

> Excerpt:

>

> In a rather bizarre ruling that has marine industry officials worried,

> Judge Robert G. James of the United States District Court, Western

> Division of Louisiana, has said that it is criminal trespass for the

> American boating public to boat, fish, or hunt on the Mississippi River

> and other navigable waters in the US.

>

> In the case of Normal Parm v. Sheriff Mark Shumate, James ruled that

> federal law grants exclusive and private control over the waters of the

> river, outside the main shipping channel, to riparian landowners. The

> shallows of the navigable waters are no longer open to the public. That,

> in effect, makes boating illegal across most of the country.

>

>

> Federal judge declares boating illegal in all US navigable waters

>

>> More in-depth info on recent ruling:

>>

> Law Offices of Paul Hurd :: Arkansas Conservative Action Network :: Jim Holt - Arkansas Lt. Governor - In God We Trust

>>

>> U.S. District Judge James specifically declared that neither century old

>> statutes enacted as each State joined the Union, nor federal common law

>> of public use, create a right of the public to use the navigable waters

>> of America for recreation, fishing or boating, unless the activity is

>> done as a commercial enterprise, and limited to the main channel of the

>> river. Judge James has declared that the public's only right to use the

>> navigable waters of America are limited to commercial activities, and

>> specifically DOES NOT INCLUDE the right of the public to boat, fish and

>> recreate on the rivers of America.

>>

>> Judge James rejected the argument made by the Plaintiffs that the

>> multi-billion dollar commercial activities that support the

>> manufacturing and sale of personal and recreational water craft and

>> related equipment, and the public recreational uses of the navigable

>> waters, were sufficiently "commercial" to be allowed on America's

>> navigable waters. If the judgement of District Judge James is affirmed,

>> the exclusion of the recreational boater, fisherman and hunter threatens

>> the financial viability of the entire segment of the American economy

>> that supports recreational use of public waters.

>>

>> Finally, Judge James declared that the people boating, hunting or

>> fishing on the waters of the Mississippi River, at normal heights, are

>> subject to arrest for trespass, unless the activity is limited to the

>> narrow, main channel of the river.

>>

>> More:

> Illinois B.A.S.S. Federation Nation - Conservation

>>

> ************************************************** *************************

>

>
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