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    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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