Boating declared illegal...

[chomper]

I really hope this is a joke...

http://www.stripersonline.com/surfta...d.php?t=500257

[Randy Stinchcomb]

not gonna' happen, that judge is smokin' crack. we all know how much the fishermen, hunters and recreational boaters pays in fees, licenses and everything else, its our money that keeps the navagable waterways open in the first place nope, never gonna' happen. wadda' schmuck

[Steve]

Remember, somebody voted him in.....

[Bohica]

Here's a cut down version, and call to arms:

LAW OFFICES OF
PAUL LOY HURD
1890 Hudson Circle, Suite 2, Monroe, Louisiana 71201
P.O. Box 2190, Monroe, Louisiana 71207-2190
(318) 323-3838 · FAX (318) 330-9390

April 17, 2006

FELLOW RECREATIONAL ANGLERS OF AMERICA




RE: LEGAL CHALLENGE TO PUBLIC'S RIGHT TO FISH MISSISSIPPI RIVER AND OTHER NAVIGABLE WATERWAYS


Normal Parm, Jr. et al. v. Mark W. Shumate, as Sheriff of East Carroll Parish

Civil Docket No. 3:01-CV2624


United States District Court; Western District of Louisiana; Monroe Division

Ladies and Gentlemen:


This letter is a "call to arms" to the many local and regional fishing and boating organizations. I must inform each of you and your membership of the very real and powerful efforts being made in courts of America to exclude the public from fishing on any portion of America's navigable rivers except for fishing in the main channel of the River, or not at all. This legal threat to America's fishing heritage is substantial and real.


In our case, the local Sheriff is arresting fishermen while they fish the edges and banks of the Mississippi River even while the water is directly connected to the Mississippi River, and even when the water is ten or twenty or thirty feet deep. The Sheriff will arrest fishermen unless they stay in the River on areas that are always covered by water at normal low water. The Sheriff's arrests are made at the request of local landowners who are intent on claiming the fishing waters of America's navigable Rivers as their exclusive domain.


As fellow fishermen and boaters, I ask you to have your local and state fishing organization support our effort to protect our right to fish in America's River. The Louisiana BASS Federation Nation is committed to filing a brief with the federal court in support of the public to fish. We need you and your local and state fishing clubs to contribute also. You can contact Mr. Will Courtney or Mr. Kevin Gaubert, Louisiana Bass Federation for more information and where to send the funds to support the legal right to fish in America. Without your support each of us are at risk that the public's right to boat, fish and recreate on navigable waters will be lost forever.


If the fishermen on the Mississippi River can be pushed to the center of the main channel, then America's fishermen on all the other navigable rivers are destined for the same threatening treatment. If the Sheriff wins this case, recreational fishing on public waters is a thing of the past.

I ask for your support, and the support of your fishing clubs and organizations, to defeat the Sheriff's legal attempt to claim the bounty of public fisheries for himself and the local riparian landowners. We need America's fishermen, and America's fishing organizations and boating organizations in support your legal position that under the state and federal navigational servitudes, and under state and federal public trust doctrines, the public has the right to fish America's navigable waterways, from bank to bank as the river naturally rises and falls. If the Sheriff's position is upheld, the public's right to fish the bank and the shallows of the navigable waters of the Ohio River, the Tennessee River, the Arkansas River, the Missouri River, and any other navigable waterway will end. If the public cannot fish and boat on the Mississippi River, then every river, stream, bay and marsh will be off-limits to the public for fishing, boating and recreation.


This case has been ongoing for ten (10) years and is the culmination of the public access fight by fishermen to access public waters to fish. The Plaintiffs have asserted that navigable waters are useable across the entire surface of the navigable waterway for boating and fishing. The riparian owners assert that public boating and fishing is limited to the main channel.


Please contact your favorite fishing organizations, boating organizations and outdoors businesses, to solicit their support of the public's right to utilize the navigable waters of America. It is imperative that those organizations dependent on public fishing and boating know that now is the time to defend those rights or they may be lost in this precedent setting case. It is clear that your case will be the precedent for public use of the surface of navigable streams in Louisiana, Texas and Mississippi, as the case will be reviewed by the United States Court of Appeals, Fifth Circuit, once the District Court renders an opinion in this matter. We need you and your club's financial support for a legal brief in support of public access.


If the fishermen's legal brief is filed on behalf of public fishing and boating, and we win at the District Court level, the public's rights to fishing and boating will be much easier to defend on appeal. Conversely, if you and the public loses in the District Court, and fishermen and boaters are ordered off the shallows of navigable waters, it will be much more difficult to reverse that adverse decision on appeal.


Finally, it is important that the fishing clubs file their legal brief soon, so that the Judge will have it for his reference and utilization as he decides whether the public has a right to fish on public, navigable waterways. For this reason, time is of the essence. Please have each organization that is interested in supporting the public's right to fish, to contact my office directly, and as soon as possible.

Sincerely,

PAUL LOY HURD
Attorney at Law

[Bohica]

It sounds to me like Sherriff Sumante needs to get voted out of office.

[chomper]

it most certainly aint no joke.....

[max]

The sad part about this is the case has been ongoing for 10 years and it involved people fishing Lake Gassoway which actually becomes part of the Mississippi River only during high water. There was a case settled last year in Pa. where a private fishing club owned the propery on both sides of the Delaware River a guy was fishing thru the property but standing in the river. The club had him arrested for tresspassing. He won the case in Federal Court. It will be interesting to se if this also gets overturned.

[fish-aholic]

I know there's a trophy trout river about 2 1/2 hours from here, Mossy Creek if I remember correctly. It apparently has a ton of trophy browns in it. Well its C&R only, and what makes it a pain is the private property on both sides....but YOU CAN wade up the river to fish....Virginia I believe says that navigable waterways CANNOT be privately owned.

[wagonmaster]

Originally Posted by chomper

I really hope this is a joke...

http://www.stripersonline.com/surfta...d.php?t=500257

This man needs to be fired- or voted out of office he is, from what sounds like a jerk.

[Bohica]

Federal judges are appointed for life.

[Steve]

Talking about the Sheriff....
He needs to be voted out.

Sounds like it's a very gray area, if at all.
The Sheriff is interpreting the law his own way and arresting folks.

[fish-aholic]

Its probably his favorite fishing hole...he probably has permission to fish there since he's arresting everyone who tries

[Flatfish]

Clinton appointee?

[igormothra]

Originally Posted by Flatfish

Clinton appointee?

Sounds more like A Bush administration snafu.... just like them to take away something from the middle class if it seems like we are having fun.