US federal judge declares boating illegal in all US navigable waters

[Wake Havasu]

US federal judge declares boating illegal in all US navigable waters

By IBI Magazine

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.

"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."

Last month, James rejected the findings of the Magistrate judge who found earlier 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 up to the normal high water line of the river. Judge James Kirk relied on the long established federal principles of navigation that recognized the public navigational rights "…entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common."

"MRAA is working with the Coast Guard, state boating law administrators, and NMMA to fight this onerous ruling," said Glen Mazzella, MRAA chairman, in the statement.

(14 September 2006)

[yllw20]

shocking this was from a Louisianna judge......couple more hurricanes and a boat will be his only mode of transportation.

[spharis]

Thats a little fluffed up. It was jus the MS, and only when above flood level. In other words, when the river gets so high, it floods private land boundaries, you cannot hunt or fish in those areas. That's how I read it anyway. Some of this has to do with the Jefferson Parish seats trying to erect a large cross on previously private land, that is now in part of the main channel of the river. Feds and state are saying no, bc it is illegal to have a monument on a public passageway; so the parish is trying to say it is on private land and that the river is flooded.....Louisiana politics suck.....

What happened in that ruling is that some jackasses were fishing over a farmers private land. The river was flooded at the time, so it allowed them to get into his property boundaries. Law says that water cannot be held as private if it is connected to a public passageway. This judge was trying to add definition to the old ruling from years ago by saying that you can only fish/hunt up to the high water marks on a public waterway.

The problem with a ruling like this is that it creates more gray area for interpretation, which could potentially lead to the above statements........though that would be a huge stretch. It could possibly be used as leverage in the future for other cases, in which it is pushed further and further. just part of our great world of trial lawyers and frivilous lawsuits.

The problem is that you leave the law to interpretation. Lets take two cases.

You own riverfront, and the river floods onto your land yearly. A boat moves over to allow a barge to pass (yes it happens all the time here) and in doing so crosses your property boundary. You would be breaking the law if you had lines in the water, or guns on board.

You own a pond that is well stocked, near a bayou/that ducks migrate to yearly. The bayou floods just enough to allow a skiff to get access to your pond. Technically the skiff can do this all day as it is legal being attached to the waterway. But he is now fishing in your private pond/killing all the ducks on your private land......

The latter case is similar to what was happening in this ruling; hardly seems right, but according to LA law (dated 1812 BTW).....perfectly legal....
"the Mississippi River and all navigable rivers and waters leading into it ‘shall be common highways and forever free"

What this judge said was:
James also ruled that the “Walker Cottonwood Farms’ property (where the arrests were made) is a bank of the Mississippi River and subject to public use to the ordinary high-water mark, as defined by Louisiana law.” But he then reversed course, ruling that the group of anglers did not “have a right to fish and hunt on the Mississippi River up to the ordinary high-water mark when it periodically floods Walker Cottonwood Farms’ property.”

http://www.louisianasportsman.com/details.php?id=213

[rushin]

shocking this was from a Louisianna judge......couple more hurricanes and a boat will be his only mode of transportation

Niiiiccee!!!