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

Posted on 09/15/2006 8:09:05 AM PDT by AdAstraPerArdua

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.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Unclassified
KEYWORDS: blackrobedthugs; blackrobedtyrant; blackrobedtyrants; donutwatch; fiat; govwatch; jackbootedthug; jbt; judgislators; judicialactivism; libertarians; notfromtheonion; propertyrights; rfe; scotus; stenchfromthebench; stringhimup; totalitarianism
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To: P-Marlowe

I didn't know 'White' was a race or an ethnicity! I thought it was a color!

Surely you can be of many different races and ethnicities and still be white?


21 posted on 09/15/2006 8:18:11 AM PDT by AdAstraPerArdua
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To: AdAstraPerArdua

Buy and boat and several guns.


22 posted on 09/15/2006 8:18:19 AM PDT by bmwcyle (Only stupid people would vote for McCain, Warner, Hagle, Snowe, Graham, or any RINO)
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To: Robe

You've got the wrong judge.


23 posted on 09/15/2006 8:18:23 AM PDT by P-Marlowe (((172 * 3.141592653589793238462) / 180) * 10 = 30.0196631)
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To: AdAstraPerArdua
Judge Robert G. James of the United States District Court, Western Division of Louisiana

I question that he has the authority to make such a ruling and I challenge him to find enough law enforcement officers who will enforce it.

However, the next time Lousyana floods, I hope he won't be relying on anyone with a boat to rescue his dumb butt - don't wanna break his law, doncha know.

Maybe Nagin will send him a school bus . . . . . . .
24 posted on 09/15/2006 8:18:56 AM PDT by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: Abram; albertp; AlexandriaDuke; Allosaurs_r_us; Americanwolf; Americanwolfsbrother; Annie03; ...
I got a couple of bags of feathers. Anyone out there got any tar?

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

25 posted on 09/15/2006 8:19:16 AM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: P-Marlowe

LMAO...

Yes, that is true, but the powers that be haven't called them on the carpet for it. If this judge decides to do so, he can make things very difficult for agencies that don't abide by this ruling.


26 posted on 09/15/2006 8:19:19 AM PDT by DoughtyOne (Victory will never be achieved while defining Conservatism downward, and forsaking it's heritage.)
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To: FreedomPoster

Yes, he's been bought and paid for from the first:

"... Judge James Robertson, who dismissed tax evasion charges against Webster Hubbell, is the same judge who recently threw out several charges against two Tyson Food officials indicted by independent counsel Don Smaltz. The pair were convicted on the remaining charges after a two-hour jury deliberation."


27 posted on 09/15/2006 8:19:29 AM PDT by Prince Charles
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To: DoughtyOne

Another idiot judeg, what the heck was he thinking????


28 posted on 09/15/2006 8:20:24 AM PDT by groovejedi ((Bolton For Prez!!))
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To: AdAstraPerArdua
Judge James Kirk....

I swear you can't make this crap up.
29 posted on 09/15/2006 8:20:41 AM PDT by JamesP81 (The answer always lies with more freedom; not less)
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To: AdAstraPerArdua
Is it still ok to drive on the roads? Whenever you hear of this kind of lunacy you will find a liberal at the center of the absurdity.
30 posted on 09/15/2006 8:21:20 AM PDT by Edgerunner (The greatest impediment to world peace is the UN and the Peaceniks)
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To: bmwcyle

I could buy this and put the guns back on:

http://www.noblemarine.co.uk/boatsforsale/boat/11360/


31 posted on 09/15/2006 8:21:23 AM PDT by AdAstraPerArdua
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Another tidbit about this Bush hater:

"A US federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest at President George W. Bush's secret authorization of a domestic spying program, according to a Washington Post story. US District Judge James Robertson, a member of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John Roberts late last Monday notifying him of his resignation without providing an explanation, the report said."


32 posted on 09/15/2006 8:21:53 AM PDT by Prince Charles
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To: cripplecreek
Somehow I doubt I'll face arrest for taking my boat out on the lake.

That would depend on which lake you are talking about. Certainly the Great Lakes are navigable, as are other large lakes around the country.

33 posted on 09/15/2006 8:22:34 AM PDT by basil (Exercise your Second Amendment Rights--buy another gun today.)
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To: AdAstraPerArdua
Traditionally, a landowners rights extended to either the mean high water or mean low water mark, and that varied from state to state.

Does this mean that ocean beachfront property owners rights include all the beach in front of their homes that are not already public property. In fact, does this mean that they own out to the 3, 12 or 200 mile limit?

Does this mean that I own the airspace above my home and that to fly in any airspace off a federal airway, the pilot flying over my house must have my permission?
34 posted on 09/15/2006 8:22:52 AM PDT by MindBender26 (Having my own CAR-15 in RVN meant never having to say I was sorry....)
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To: AdAstraPerArdua

Geeze, what a stupid ruling.


35 posted on 09/15/2006 8:22:54 AM PDT by Dustbunny (The BIBLE - Basic Instructions Before Leaving Earth)
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To: AdAstraPerArdua
Has this story been reported anywhere else but this source. This decision is loony even by liberal standards.
36 posted on 09/15/2006 8:22:55 AM PDT by Wallace T.
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To: AdAstraPerArdua
Welcome, boating friends, to the world we in general avaition have been living for the past 40 years.

http://www.aopa.org

37 posted on 09/15/2006 8:23:25 AM PDT by pabianice
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To: groovejedi

He's probably a diciple of the River Navigators program, set up by the dufus from Hope.


38 posted on 09/15/2006 8:23:43 AM PDT by DoughtyOne (Victory will never be achieved while defining Conservatism downward, and forsaking it's heritage.)
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To: JamesP81

But is it James "T" Kirk.


39 posted on 09/15/2006 8:23:45 AM PDT by ichabod1 (Freedom of religion means freedom to practice IslamĀ®)
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To: AdAstraPerArdua

Well, at least AIR is still free...............for a while, anyway........


40 posted on 09/15/2006 8:24:21 AM PDT by Red Badger (Is Castro dead yet?........)
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