[Psml] US federal judge declares boating illegal in all US navigable waters

[jeff@usps-atlanta.org]

US federal judge declares boating illegal in all US navigable waters
International Boat Industry ^ | 091406 | 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.