[Psml] US federal judge declares boating illegal in all US
navigable waters
Robert Feeney
rdf@feeney.com
Fri, 15 Sep 2006 12:28:10 -0500
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This is laughable. There aren't enough jails or magistrates, or enough
time, to prosecute every member of the US boating public for their
"trespasses" on any single day!=20
Was this jusde using an illegal substance - or did he forget his meds -
the day he made this ruling?
----- Original Message -----
From: jeff@usps-atlanta.org
To: psml@itcom.usps.org
Subject: [Psml] US federal judge declares boating illegal in all US
navigable waters
Date: Fri, 15 Sep 2006 12:17:10 -0400
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.
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<P>This is laughable. There aren't enough jails or magistrates, or en=
ough time, to prosecute every member of the US boating public for their "tr=
espasses" on any single day! </P>
<P>Was this jusde using an illegal substance - or did he forget his meds - =
the day he made this ruling?</P>
<P><BR> </P>
<BLOCKQUOTE style=3D"PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #101=
0ff 2px solid">----- Original Message -----<BR>From: jeff@usps-atlanta.org<=
BR>To: psml@itcom.usps.org<BR>Subject: [Psml] US federal judge declares boa=
ting illegal in all US navigable waters<BR>Date: Fri, 15 Sep 2006 12:17:10 =
-0400<BR><BR><BR>US federal judge declares boating illegal in all US naviga=
ble waters<BR>International Boat Industry ^ | 091406 | IBI Magazine<BR><BR>=
In a rather bizarre ruling that has marine industry officials worried, Judg=
e<BR>Robert G. James of the United States District Court, Western Division =
of<BR>Louisiana, has said that it is criminal trespass for the American boa=
ting<BR>public to boat, fish, or hunt on the Mississippi River and other na=
vigable<BR>waters in the US.<BR><BR>In the case of Normal Parm v. Sheriff M=
ark Shumate, James ruled that federal<BR>law grants exclusive and private c=
ontrol over the waters of the river,<BR>outside the main shipping channel, =
to riparian landowners. The shallows of<BR>the navigable waters are no long=
er open to the public. That, in effect,<BR>makes boating illegal across mos=
t of the country.<BR><BR>"Even though this action seems like a horrible pre=
-April fools joke, it is<BR>very serious," said Phil Keeter, MRAA president=
, in a statement. "Because<BR>essentially all the waters and waterways of o=
ur country are considered<BR>navigable in the US law, this ruling declares =
recreational boating, water<BR>skiing, fishing, waterfowl hunting, and fish=
ing tournaments to be illegal<BR>and the public subject to jail sentences f=
or recreating with their<BR>families."<BR><BR>Last month, James rejected th=
e findings of the Magistrate judge who found<BR>earlier that the American p=
ublic had the right under federal law and<BR>Louisiana law to navigate, boa=
t, fish, and hunt on the waters of the<BR>Mississippi river up to the norma=
l high water line of the river. Judge James<BR>Kirk relied on the long esta=
blished federal principles of navigation that<BR>recognized the public navi=
gational rights ".entitles the public to the<BR>reasonable use of navigable=
waters for all legitimate purposes of travel or<BR>transportation, for boa=
ting, sailing for pleasure, as well as for carrying<BR>persons or property =
for hire, and in any kind of watercraft the use of which<BR>is consistent w=
ith others also enjoying the right possessed in common."<BR><BR>"MRAA is wo=
rking with the Coast Guard, state boating law administrators, and<BR>NMMA t=
o fight this onerous ruling," said Glen Mazzella, MRAA chairman, in<BR>the =
statement.<BR><BR><BR><BR>________________________________________<BR>Need =
to subscribe, unsubscribe or change your email address? See <BR>www.usps.or=
g/mailman/listinfo/psml for details.<BR></BLOCKQUOTE><BR>
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