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Old 19 September 2006, 23:18   #1
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Yanks ban boating and fishing

Some bad news for any Americans on here who intend to use any inland waterways.

http://www.ibinews.com/ibinews/newsd...23ibinews.html

"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."

Sounds like the sort of thing Tony Blair would come up with!!!
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Old 20 September 2006, 04:50   #2
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Yeah I saw that too- I wonder if it's worth exporting Jolly Roger's....
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Old 20 September 2006, 05:27   #3
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They should take up hunting dozy old judges. That should solve the problem
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Old 20 September 2006, 12:49   #4
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US federal judge declares boating, fishing, hunting illegal in all US navigable waters

Judge Robert G. James, U. S. District Court, Western District of Louisiana, Nominated by William J. Clinton on January 27, 1998

Civil Docket No. 3:01-CV2624
United States District Court; Western District of Louisiana; Monroe Division

in the case of : Normal Parm, Jr. et al. v. Mark W. Shumate, as Sheriff of East Carroll Parish

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.

Judge 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.

"Even though this action seems like a horrible pre-April fools joke, it is very serious," said Phil Keeter, MRAA president, in a statement. "Because essentially all the waters and waterways of our country are considered navigable in the US law, this ruling declares recreational boating, water skiing, fishing, waterfowl hunting, and fishing tournaments to be illegal and the public subject to jail sentences for recreating with their families."

************

From the Law Offices of Paul Hurd

PRESS RELEASE
U.S. DISTRICT JUDGE DECLARES RECREATIONAL BOATING
AND FISHING ILLEGAL ON MISSISSIPPI RIVER AND
AMERICA’S OTHER NAVIGABLE WATERS

In the case of Normal Parm, et al v. Sheriff Mark Shumate, of East Carroll Parish, (Civil No.3:01-CV2624; United States District Court; Western District of Louisiana, Monroe Division) United States District Judge Robert G. James has declared it to be criminal trespassing for the public to boat, fish or hunt on the Mississippi River and other navigable waters of America, affirming the arrest of fishermen and boaters utilizing the waters of the Mississippi River. This ruling declares recreational boating, fishing tournament, waterfowl hunting, and pleasure boating illegal on navigable rivers, unless conducted within the main channel of the river, or with the permission of all riparian landowners along the navigable river.

District Court Judge James’s ruling under federal law grants to the riparian landowners of the Mississippi River, the exclusive and private control over the waters of the Mississippi River, outside of the main channel of the Mississippi River. The shallows of navigable waterways are no longer open to the public. This decision, based in federal law, equally applies to all other navigable waterways of America. For bass fishermen and duck hunters, and other fishermen and hunters that use the ever changing shallow waters of navigable rivers for their outdoor activities has been declared illegal. District Judge James affirmed that the public is subject to criminal arrest for trespassing on the riparian landowner’s privately owned and controlled water if they venture outside the main channel of a navigable waterway.

On April 30, 2006, Magistrate Judge James D. Kirk (Document 80) found that the American public had the right under federal law and Louisiana law, to navigate, boat, fish and hunt on the waters of the Mississippi River, across the entire surface of the Mississippi River, up to the normal high water of the river. Judge Kirk relied upon the long established federal principles of navigation that recognized that the public’s federal navigational rights ". . . entitles the public generally to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating or sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of water craft the use of which is consistent with others also enjoying the right possessed in common." Silver Springs Paradise Co. v. Ray, 50 F.2d 356 (5th Cir., 1931). Further, Magistrate Kirk affirmed the public’s fundamental right to boat and fish on the navigable waters of Louisiana for both recreational and commercial purposes affirming the Civil Code’s declaration that " Everyone has the right to fish in the rivers, ports, roadsteads, and harbors, . . . ." (Louisiana Civil Code, Article 452), and the Louisiana Constitution declaration that "[t]he freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for the people." (Louisiana Constitution, Article 1, Section 27).

On August 29, 2006, District Judge Robert G. James, United States District Court, sitting in Monroe, Louisiana rejected the findings of Magistrate Judge Kirk, and declared that the American Public has no federal or state right to fish or hunt on the Mississippi River, or any other navigable waterway in America (Document 139).

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.

The following are quotes from the opinion of Judge Robert James, Western District of Louisiana:

CONCLUSION NO. 1: AMERICAN PUBLIC HAS NO FEDERAL LAW RIGHT TO FISH OR HUNT ON MISSISSIPPI RIVER OR OTHER NAVIGABLE WATERS OF AMERICA.

District Court Judge Robert James declared that the People of America do not have the right under federal law, holding that " . . . the federal navigational servitude do[es] not provide the Plaintiffs with the right to fish and hunt on the Mississippi River."

District Judge James declared that the People of America do not ". . . have a right to fish and hunt on the Mississippi River up to the ordinary high water mark when it [the Mississippi River] periodically floods . . ." the riparian land.

CONCLUSION NO. 2: AMERICAN PUBLIC HAS NO STATE LAW RIGHT TO FISH OR HUNT ON MISSISSIPPI RIVER OR OTHER NAVIGABLE WATERS OF AMERICA.

District Judge James declared that under State law ". . . fishing and hunting [on the waters of the Mississippi River and other navigable waterways] is not included in these rights" that are granted on rivers of America as they naturally rise and fall.

CONCLUSION NO. 3: ANY PERSON WHO FISHES OR HUNTS ON THE WATERS OF THE MISSISSIPPI RIVER, OUTSIDE THE MAIN CHANNEL, IS SUBJECT TO ARREST FOR TRESPASSING ON THE WATER.

District Judge James declared that if you are fishing on the Mississippi River anywhere other than the main channel, ". . . the Sheriff . . . has probable cause to arrest you for trespassing."


Doubt this will go too far. We'll see, though. Interestingly, it hasn't really made the mainstream media here in the US, even as one of the "stupid news" stories.


jky
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Old 20 September 2006, 15:39   #5
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Cool. There should be some cracking deals on used boats down to the south of me shortly. Here I had been pinching my pennies for a new 16' SIB, but now realise I should be thinking a little more upscale.

Always did fancy an FB Techno 42
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Old 21 September 2006, 12:15   #6
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Originally Posted by prairie tuber
Cool. There should be some cracking deals on used boats down to the south of me shortly. Here I had been pinching my pennies for a new 16' SIB, but now realise I should be thinking a little more upscale.

Always did fancy an FB Techno 42

LOL. Personally, I wouldn't hold my breath.

OTOH, gas prices, should they start to climb again, may put a lot of boaters back on dry land.


As far as your FB, here you go:

http://www.yachtworld.com/boats/1467836/0

Only $373,618US. That's about $2.5 Billion Canadian, isn't it?


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Old 21 September 2006, 16:07   #7
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Sumthin like that.

Actually I checked todays rate and 1 USD = $ 1.12 CAN

So that Techno 42 is a mere $ 418,265.00 Canadian! (may have to deliver newspapers on the side to buck up the extra coins)

Thanks for the link.
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Old 21 September 2006, 17:36   #8
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Originally Posted by jyasaki
unless conducted within the main channel of the river, or with the permission of all riparian landowners along the navigable river.

District Court Judge James’s ruling under federal law grants to the riparian landowners of the Mississippi River, the exclusive and private control over the waters of the Mississippi River
So really it's just a lead-in for the landowners to charge for licenses. Don't we have that here for boating and fishing already?
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Old 21 September 2006, 19:22   #9
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Followup article by the NMMA (National Marine Manufacturers Association):

Narrow Mississippi River court ruling does not impact boating
Thursday, 21 September 2006
NMMA news:


A recent court ruling concerning boating, fishing and hunting on the Mississippi River is leading many to decry the decision, and misleading the public to think it will ban the popular activities on the river, and possibly, nationwide. The country’s largest recreational boating trade association, the National Marine Manufacturers Association (NMMA), today sought to calm concerned citizens on the impact of the ruling, assuring them that legitimate water access rights will not be denied.

“I understand the concerns of our avid outdoorsmen and women, but I want to assure them that this very strict and narrow decision will not impact legitimate and legal boating, hunting and fishing,” said Monita Fontaine, NMMA Vice President and Senior Counsel for Government Relations. “We expect this ruling to be overturned, and NMMA will stay on top of the situation to ensure public water access rights are not infringed upon.”

The issue at the heart of the case is whether flooded areas along the Mississippi River are considered navigable waters or are considered private, belonging to the landowner of the flooded land beneath the water. The Aug. 29 ruling by Judge Robert James of the U.S. District Court for the Western District of Louisiana would make hunting and fishing on such areas outside of the main river channel a criminal trespassing offense in Louisiana, but not recreational boating activities in general.

The case stems from six men arrested on criminal trespassing charges while fishing on a portion of the Mississippi River’s flooded bank in Louisiana. In response, the men filed a civil suit against the arresting sheriff, claiming the arrest was made without probable cause.

In the wake of the case, many individuals and groups have made public claims that the ruling would ban boating on the river, and some claimed it would ban boating outright in the United States. This is not correct; however, NMMA disagrees strongly with the ruling in the case and remains concerned. The case has been appealed, and Judge James has announced he will hold hearings in November on the matter. NMMA will continue to monitor the litigation to ensure that legitimate water access rights are not infringed upon and take appropriate action, if necessary.

Last Updated ( Thursday, 21 September 2006 )
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Old 21 September 2006, 21:27   #10
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RE: Judge James

You can tell Judge James to kiss my boating ASS!! He can find me fishing, hunting and boating all over the navigable waterway known as Lake Erie, especially in the now restricted areas, this guy has to be a major moron, a federal judge? How the hell did he get appointed? Oh wait, thats right, Bill Clinton, it figures... tell the Ohio Department of Wildlife that all the revenue they receive from boaters, hunters and fisherman has all just stopped due to his dumbass ruling, see what they have to say as well as everybody else in this country who depends upon the same for income... Federal judge? Federal joke!!! He better arrest me and about two million other boaters this coming weekend because we will be doing what we always do on the Great Lakes and elsewhere...
Anybody with any other comments on this???
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