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: Chuck Taylor
Date: 2006 Sep 20, 18:12 -0500
There are differing opinions about what that ruling
really says. Here is another opinion,
http://www.americanwhitewater.org/content/Article/view/articleid/10182/display/full/
which says, inter alia,
"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.
Chuck Taylor
48d N
122d W
--- coralline algae <corallina@gmail.com> wrote:
> Not sure about rules regarding copying articles so
> have selected relevant
> text.
> Living on the coastline of California -- access to
> the beach is granted to
> the
> public by state law but I have to wonder if this
> ruling can be upheld?
>
> 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.
> ----------
> Here is the url with slightly more detail
>
>
http://www.ibinews.com/ibinews/newsdesk/20060814154923ibinews.html
>
>
>
>
__________________________________________________
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From: Chuck Taylor
Date: 2006 Sep 20, 18:12 -0500
There are differing opinions about what that ruling
really says. Here is another opinion,
http://www.americanwhitewater.org/content/Article/view/articleid/10182/display/full/
which says, inter alia,
"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.
Chuck Taylor
48d N
122d W
--- coralline algae <corallina@gmail.com> wrote:
> Not sure about rules regarding copying articles so
> have selected relevant
> text.
> Living on the coastline of California -- access to
> the beach is granted to
> the
> public by state law but I have to wonder if this
> ruling can be upheld?
>
> 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.
> ----------
> Here is the url with slightly more detail
>
>
http://www.ibinews.com/ibinews/newsdesk/20060814154923ibinews.html
>
>
>
>
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
--~--~---------~--~----~------------~-------~--~----~
To post to this group, send email to NavList@fer3.com
To , send email to NavList-@fer3.com
-~----------~----~----~----~------~----~------~--~---
