NavList:
A Community Devoted to the Preservation and Practice of Celestial Navigation and Other Methods of Traditional Wayfinding
Re: strange legal opinion in usa
From: J Cora
Date: 2006 Sep 21, 11:14 -0500
From: J Cora
Date: 2006 Sep 21, 11:14 -0500
I dont own hunting equipment nor do I hunt. Neither do I fish. But assuming the ruling applies to those two categories the potential impacts are far reaching.
Without going to far afield, consider some kids out fishing in a small boat, this ruling would make them liable for fishing too near shore and failing to be observant of the tide. Ridiculous!
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Without going to far afield, consider some kids out fishing in a small boat, this ruling would make them liable for fishing too near shore and failing to be observant of the tide. Ridiculous!
On 9/21/06, Bill <billyrem42@earthlink.net> wrote:
Having lived on the coasts of New England, the most intimate relationship
being nominally 100 yds of the nominal waterline, my understanding was that
anything below the high-high tide line (usually marked by washed-up
vegetation) was public. Anything above private. That of course caused me
to be cautious during my winter walks when snow was on the beach, the tide
was at its highest, and I could be tracked to my home. <g>
Bill
> "Specifically, the case finds that fishing or hunting
> anywhere above the ordinary low water mark of
> navigable rivers (ie channel margins and side channels
> only wetted during higher flows) is illegal. It is
> unclear what impact, if any, this decision has on the
> many rivers not federally designated as navigable."
>
> It would seem that the issue in that case was the
> right to hunt and fish between the low- and high-water
> mark of a river. The full text of the decision is
> reproduced at the above link.
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