MS River public/private???

[sunnylab]

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."

[feedcall]

when was this released? where did you get thid info?

[TODO]

What a load of $#!+. Theres a big thread about this ruling from a few weeks back called the gassoway (sp) case, it basically stemmed from Cottonwood having folks fishin, filed tresspassing charges and now the entire u.s. cant us navigable waterway. What a loss. That means that if your fishin, hunting, watersking, boat riding, wahtever, on say whittington, tunica cutoff, chotard, ferguson, buelah, etc. etc. etc. your tresspasing. That judge was either smoking crack or wiping his nose with c-notes he got under the table. Im all for landowner rights but this is silly. Surely there are some appeals in process? Anybody have any updates?

Wingman or Bullet, have yall heard anything from the main office regarding this?

[Wildfowler]

I may not understand this entirely.

I think what that ruling is stateing is that under LA law, there were never any provisions of the law to grant the general public the right to hunt and fish on navagable waterways in LA. The public can navigate the waterway, but nothing beyond that.

If I'm not mistaken, MS law does allow for recreational use of public waterways.

What I don't know is whether this ruling since it's from the 5th circuit couts of appeals (federal) can be applied to all public waterways in the country regardless of what MS law might say.

[Wildfowler]

For your reading enjoyment:

http://www.ducksouth.com/phpbb/viewtopic.php?t=45005



http://www.ducksouth.com/phpbb/viewtopic.php?t=45035

[MudHog]

LA folks have been battling this here. What everybody is saying is that any body of water that is tidal effected can be navigated by the public. The Oil companies are fighting this as people are navigating into wellhead waters fishing and what not. They had even tried to put up gates over the water and people were pulling them down. It's been an ongoing battle here. Last I know it was still being battled, but a person was still legal as long as they stayed in the water. Once they stepped foot on the bank they were trespassing.

[Bullet]

Haven't heard anything from Jackson. So I dunno

[sunnylab]

it will be an ongoing battle for the rest of our existence....

the laws both state and federal are so convoluted with special language and terms that are not defined...who knows how to interpret what it is actually saying. That is why we have the judicial branch of government...to interpret the laws... I guess what we have is one judge's interpretation, and so far it has held up.

I don't think we will ever get a straight answer on this issue.

Like someone said earlier,,,i'm all for private landowner rights, but there has to be a happy medium somewhere.

[torch]

Now they will file that riprarian landowners are responsible for the Corps operating budget ie ( taxes) that ruling will not hold up. If public money is used to maintain the river the river is public. It basically says that you have to stay inside the natural banks of the river.

[GordonGekko]

This decision (Parm v. Shumate) is based on the state law of Louisiana. Louisiana's State Constitution states specifically that the public does not have the right to fish waters above the property of riparian landowners.

Mississippi law reads differently, and even though it was affirmed by the Fifth Circuit there is no direct effect on Mississippi yet (because the roots of the case are based on Louisiana State Law). This is a pretty complicated issue. I'll try to explain it in a bit more depth later (if Po Monkey or someone else doesn't beat me to it). Suffice it to say, this decision's application currently applies to the State of Louisiana, not Mississippi.

[GordonGekko]

Here is a good blog entry that basically sums it up....http://centrallapolitics.blogspot.com/2008/01/town-talk-solicits-debate-on-gassoway.html

[duckkiller]

Haven't heard anything from Jackson. So I dunno

Well put, I figured you or wingman would say that very thing so that should clear it all up. And as for what Torch said he is dead on, our tax dollars are what funds the ruver so how can someone claim that as private?

[c-bank]

How else did you expect this decision to go? Since when does the american public have a right to hunt and fish anyhow? Hunting and fishing are priviledges not rights! This does effect MS and every other state in the union. But what's so funny is if it weren't for some assholes that were hellbent, bound and determined that no ne was gonna run them off none of this woulda happend. There is a hell of lot more to this deal over Lake Gassoway than has been printed on here. There used to be a boat ramp in there and Mr. Bill didn't mind people going in there either. Just a couple of assholes screwed it up for everybody cause they think you can't stop me! Well they can and did and now all the general public will have to suffer the consequences. Thank you all you "turd-cutter" know-it-all "duckhunters" Stay your butts out in the main channel were you belong! And don't come up on the "middle bar" island either it's posted too!

[sunnylab]

How else did you expect this decision to go? Since when does the american public have a right to hunt and fish anyhow? Hunting and fishing are priviledges not rights! This does effect MS and every other state in the union. But what's so funny is if it weren't for some assholes that were hellbent, bound and determined that no ne was gonna run them off none of this woulda happend. There is a hell of lot more to this deal over Lake Gassoway than has been printed on here. There used to be a boat ramp in there and Mr. Bill didn't mind people going in there either. Just a couple of assholes screwed it up for everybody cause they think you can't stop me! Well they can and did and now all the general public will have to suffer the consequences. Thank you all you "turd-cutter" know-it-all "duckhunters" Stay your butts out in the main channel were you belong! And don't come up on the "middle bar" island either it's posted too!

HAHA!!

Bad thing about it is he is right. ...a few bad apples have spoiled it for the rest of the bunch.

[c-bank]

Well did you know they tore up the mans equipment in retalliation? Did you know they blew out several dams and a whole lot of constructive improvements on Walker Farms? Do you realize just how much money these few assholes cost this family? These people were trying to build something fabulus over there and it was only going to help the hunting around the whole area. But no some few "assholes" thought it was their god given right to ruin it for everyone! I've been going over there damn nigh 50 years and for the last 40 the only way you access Gasoway was wait till the water was so high you could run across the mans farm land. There was even a concrete dam in the ditch just trying to hold some water in the lake when the river went down just to keep it from drying up! But there again no! The same assholes thought they were trying to keep them out!!!! There AGAIN they were only trying to make improvements.