Federal Judge declares boating illegal
And they call Louisiana the "Sportsman's Paradise"....
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.
What a CROCK!
(Hat Tip: El Capitan, Baboon Pirates)
posted by Rorschach at
9/19/2006 10:34:00 AM
4 Comments:
I've dealt with this issue here in Houston - Spring Creek, to be exact. Well, I guess technically we're in the 'burbs. It is against Texas law to operate a motor vehicle in a navigable waterway, and Spring Creek is one of 'em. Ostensibly, the law is in place to protect the delicate balance of the environment. In truth, the wealthiest of the wealthy on the Guadalupe got together and did some ol' fashioned lobbying. It's nuts! Aren't navigable waterways, by definition, PUBLIC?
Rorschach,
What do we know about this judge, who appointed him, and will there be an appeal?
I will look into the Texas version this in preparation for the leg next year, as kitty x points out above, such laws are often used by rich waterfront landowners to keep boaters out of " our waterfront"!
Tom, it is my understanding that this walking peice of excrement was appointed by none other than slick willy hisself. I think that will tell you an awful lot all by itself.
Bill F over at LST where I crossposted it is apparently more familiar with the case and believes the judge was trying to deal with the situation of a bow lake that was no longer part of the normal Mississippi river channel was being hunted or fished (not sure) by some people in a boat when the river was up and had re-connected with the lake. the boater was actually hunting/fishing on what would be private property if the river were not at flood stage.
The ruling however is overly broad and he feels it will be overturned on appeal and a lot of people including sportman's associations and boating industry associations are backing just such an appeal.
That's good news about the appeal, and I will check out our Texas laws on this and report back on it.
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