US federal judge declares boating illegal in all US navigable waters

International Boat Industry ^ | 091406 | IBI Magazine

[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.

[AdAstraPerArdua]

I was going to buy a new boat, but I'm not sure now! :(

[Fighting Irish]

The nightmare continues......

[Prince Charles]

A Carter or a Clintoon judge?

[cripplecreek]

Somehow I doubt I'll face arrest for taking my boat out on the lake.

[Gay State Conservative]

The Clintons,Kerrys and Cronkites are OUTRAGED! No more yachting off of Martha's Vineyard?

[P-Marlowe]

Ok Judge, you've made your ruling. Now try to enforce it.

[DoughtyOne]

I won't write here what should happen to judges like this, but I can think it.

The judiciary in this nation is going nuts.

[getsoutalive]

Ping for later......this is unbelievable.

[DoughtyOne]

The problem is, those whose responsibility it is to enforce the laws on the books, are required to enforce this ruling. This places law enforcement agencies in an untenable situation.

[Racer1]

Think of all the gas it will save.

[P-Marlowe]

James, Robert Gillespie

Born 1946 in Ruston, LA

Federal Judicial Service:
Judge, U. S. District Court, Western District of Louisiana
Nominated by William J. Clinton on January 27, 1998, to a seat vacated by John M. Shaw; Confirmed by the Senate on July 31, 1998, and received commission on August 3, 1998.

Education:
Louisiana Tech University, B.A., 1968

Louisiana State University Law School, J.D., 1971

Professional Career:
Private practice, Ruston, Louisiana, 1971-1998
Business law instructor, Louisiana Tech University, 1992-1998
Judge, Ruston City Court, Louisiana, 1985-1998


Race or Ethnicity: White

Gender: Male

[Robe]

FYI:

Judge James Robertson

Judge Robertson was appointed United States District Judge in
December 1994. He graduated from Princeton University in 1959
and received an LL.B. from George Washington University Law School
in 1965 after serving in the U.S. Navy.

[FreedomPoster]

>>A Carter or a Clintoon judge?

"In 1998, the vacancy created by the assumption of senior status of Judge Shaw was filled by Robert G. James. Judge James serves as a district judge in the Monroe Division at this time."

That would be the 'Toon.

From here:

http://www.lawd.uscourts.gov/USDC/WDLAHIST-06.html

[Liberty Valance]

I think I just heard Huckleberry Finn laugh out loud.

[Centurion2000]

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.

Who's going to enfore this again?

[P-Marlowe]

The problem is, those whose responsibility it is to enforce the laws on the books, are required to enforce this ruling. This places law enforcement agencies in an untenable situation.

No they are not. We don't enforce immigration laws.

[Diddle E. Squat]

A Clinton appointee, 1998:

http://tinyurl.com/mwbkz

[reagan_fanatic]

Sometimes I feel like I'm living in an alternative universe. This is insane.

[Liberal Classic]