What is this crap?
09-17-2006 | 07:54 PM
#1
Thread Starter
Registered
Joined: Jul 2003
Posts: 653
Likes: 1
From: Clear Lake, Texas
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
Is this for real?
US federal judge declares boating illegal in all US navigable waters.
http://www.ibinews.com/ibinews/newsd...23ibinews.html
09-17-2006 | 08:31 PM
#2
Registered
Joined: Feb 2001
Posts: 598
Likes: 0
From: Lawrenceburg IN USA
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.
09-18-2006 | 05:02 PM
#7
Registered
Joined: Sep 2006
Posts: 6
Likes: 0
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.
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.
09-18-2006 | 07:14 PM
#8
Registered
Joined: Feb 2001
Posts: 598
Likes: 0
From: Lawrenceburg IN USA
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
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
09-18-2006 | 07:27 PM
#9
Frank's Marine Service
Joined: Sep 2002
Posts: 11,959
Likes: 142
From: Elkton, MD
Re: What is this crap?
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
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
