Like Tree0Likes

What is this crap?

Reply
Old 09-17-2006, 08:54 PM
  #1
Registered
Thread Starter
 
FeverFan's Avatar
 
Join Date: Jul 2003
Location: Clear Lake, Texas
My Boats: N/A
Posts: 653
Default What is this crap?

Not sure if this has been posted.....

Is this for real?

US federal judge declares boating illegal in all US navigable waters.

http://www.ibinews.com/ibinews/newsd...23ibinews.html
FeverFan is offline  
Reply With Quote
Old 09-17-2006, 09:31 PM
  #2
Registered
 
CigBoat's Avatar
 
Join Date: Feb 2001
Location: Lawrenceburg IN USA
Posts: 598
Default Re: What is this crap?

Some landowners and Marina owners wanted to keep fishermen out of the marinas and hunters out of the marshes as I understand it. The artical makes it sound a lot worse. It is going to a higher court.
CigBoat is offline  
Reply With Quote
Old 09-17-2006, 09:46 PM
  #3
Registered
 
fountain1fan's Avatar
 
Join Date: Dec 2000
Location: eden nc
My Boats: 162 scout flats 90 merc
Posts: 2,728
Default Re: What is this crap?

some body drop a bomb on this ass hole .
fountain1fan is offline  
Reply With Quote
Old 09-17-2006, 09:58 PM
  #4
Registered
Trade Score: (1)
 
Join Date: Feb 2003
Location: Lafayette,La
My Boats: 31 Resin bucket
Posts: 5,335
Default Re: What is this crap?

and louisiana is sportsmans's paridise.... at least that's what the license plates say...
Open72 is offline  
Reply With Quote
Old 09-18-2006, 12:05 PM
  #5
Registered
 
phughes69's Avatar
 
Join Date: Dec 2001
Location: St. Clair Shores, MI
My Boats: 1980 Wellcraft Scarab 377 twin turbo, 1984 Formula 242 LS SBC/ Alpha, 1979 Sea Ray 240 SRV Flybridge w/ twin 480's
Posts: 1,602
Default Re: What is this crap?

What has Boat US said about this? This means real trouble for EVERY boater.
phughes69 is offline  
Reply With Quote
Old 09-18-2006, 05:53 PM
  #6
Who Me?
Platinum Member
 
FeverMike's Avatar
 
Join Date: Jan 2001
Location: Tampa
My Boats: 2006 38TE Fountain
Posts: 6,656
Default Re: What is this crap?

Something just does not make sense in that article.
FeverMike is offline  
Reply With Quote
Old 09-18-2006, 06:02 PM
  #7
Registered
 
Join Date: Sep 2006
Posts: 6
Default Re: What is this crap?

I have re-read that article several times and it seems full of conflict or at least, is very confusing to me.
There was a thread on this in another area and someone posted what seems a lot more logical explanation which is that the ruling is that during times that the mississippi river (or other waters) exceeds its "normal" bounds, it is illegal to cross over into what is normally privately owned property.......IOW, if it floods and the water is up to your back deck, a boater cannot use your home for a dock. Of course, entry and exit via normal ramps/etc should still exist and since you most likely would not be trespassing, you could still have water access.
This explanation makes sense to me but I am not sure how you go from that to what the article is trying to say. I am not familiar with the IBI.....their reporting appears to be intentionally misleading or just poorly worded or researched.
My opinion.....I could be wrong.
twinverados is offline  
Reply With Quote
Old 09-18-2006, 08:14 PM
  #8
Registered
 
CigBoat's Avatar
 
Join Date: Feb 2001
Location: Lawrenceburg IN USA
Posts: 598
Default Re: What is this crap?

In the article below, a federal judge has made a ruling in a case from LA that will rock public duck hunting and fishing if it survives the Appeals Court. Please notice the distinction between marked river channels and high water mark.

Issue Date: 9/13/2006, Posted On: 9/13/2006

Court ruling makes boating illegal in much of U.S.

The Marine Retailers Association of America is alerting its dealer members to a court ruling that some say could have serious consequences for boating.

Judge Robert G. James of the U.S. District Court, Western Division of Louisiana, has declared it is a criminal trespass for the public to boat, fish or hunt on the Mississippi River and other navigable waters of the country.

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

In addition, the judge held 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, the MRAA reports, adding, “Boating has now become illegal in most of our country.”

In the Aug. 29 decision, Judge James rejected the findings of the magistrate judge who found earlier that the public had the right under federal law and Louisiana law to navigate, boat, fish and hunt on the waters of the Mississippi River up the normal high-water line of the river.

In that ruling, MRAA says Magistrate Judge James Kirk relied on long-established federal principles of navigation entitling "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 MRAA chairman Glenn Mazzella, in a statement.

Source: Soundings Trade Only Today - The Boating Business Newspaper Online
CigBoat is offline  
Reply With Quote
Old 09-18-2006, 08:27 PM
  #9
Geronimo36
Gold Member
 
Panther's Avatar
 
Join Date: Sep 2002
Location: Elkton, MD
My Boats: 36' Apache Warrior / 22' Apache Scout
Posts: 11,838
Default Re: What is this crap?

Quote:
Originally Posted by CigBoat
In the article below, a federal judge has made a ruling in a case from LA that will rock public duck hunting and fishing if it survives the Appeals Court. Please notice the distinction between marked river channels and high water mark.

Issue Date: 9/13/2006, Posted On: 9/13/2006

Court ruling makes boating illegal in much of U.S.

The Marine Retailers Association of America is alerting its dealer members to a court ruling that some say could have serious consequences for boating.

Judge Robert G. James of the U.S. District Court, Western Division of Louisiana, has declared it is a criminal trespass for the public to boat, fish or hunt on the Mississippi River and other navigable waters of the country.

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

In addition, the judge held 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, the MRAA reports, adding, “Boating has now become illegal in most of our country.”

In the Aug. 29 decision, Judge James rejected the findings of the magistrate judge who found earlier that the public had the right under federal law and Louisiana law to navigate, boat, fish and hunt on the waters of the Mississippi River up the normal high-water line of the river.

In that ruling, MRAA says Magistrate Judge James Kirk relied on long-established federal principles of navigation entitling "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 MRAA chairman Glenn Mazzella, in a statement.

Source: Soundings Trade Only Today - The Boating Business Newspaper Online
What does tee4texas think of this???
Panther is offline  
Reply With Quote
Old 09-18-2006, 10:03 PM
  #10
Registered
 
BY U BOY's Avatar
 
Join Date: Aug 2005
Location: HOUSTON ,TX
My Boats: 91 Scarab 21' Excel/1999 Proline 200 sport
Posts: 8,778
Default Re: What is this crap?

Quote:
Originally Posted by Panther
What does tee4texas think of this???
LOL
BY U BOY is offline  
Reply With Quote
Reply

Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
packinair
General Boating Discussion
16
03-20-2004 11:10 PM
Sydwayz
General Boating Discussion
48
05-14-2003 04:31 AM
bajabob38
General Boating Discussion
2
03-06-2003 08:49 PM
Ryan Beckley
General Boating Discussion
22
12-17-2002 02:17 PM



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 08:57 PM.


Copyright 2011 OffShoreOnly. All rights reserved.