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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 >> > ************************************************** ************************* > > |