Court Decision on Private Waters on a River.....

[JimDicken]

Louisiana Navigable Waters Decision
In a stunning blow from Judge Robert James US District Court, Western District of Louisiana, anglers do not have the right to fish the navigable waters of Gassoway Lake, which is on private land. Magistrate Judge Kirk who first heard the case found plaintiffs did have federal right of navigation "to reasonably use the Mississippi's waters for the purposes.of navigation including.fishing and hunting from boats." Judge James' decision cited Louisiana Civil Code declaring public use must be incidental to commerce. BASS continues to follow this case closely and will take actions to ensure all parties understand the overwhelming importance of navigability decisions on sport fishing as well as the economics of sportfishing
Story/ http://sports.espn.go.com/outdoors/b...er/elite/index

This decision basically answers previous questions on this board about the fishing of private docks built along rivers by a landowner on property he owns. IE.. digging out a Marina from an area that was previously land and not allowing fishing.
I am just the messenger.. don't shoot me.
Jim

[bje]

Jim:

Respectfully, this only answers the question for that jurisdiction, by that court, unless or until it is appealled to a higher court, that may rule differently. It does not answer the question for other jurisdictions, including Kentucky.

[zx150]

It will have to go to the US Supreme Court before we get a finial answer on this one. Until then I will stay out of the Marinas.

[JimDicken]

While I would not normally disagree, this was a US Court albeit district and the waters in question are Federal Waters, in a Federal Waterway so the fact that precedent is set someplace or any place ... is not good for fishermen, and for hunters.
It means that law is up to who is in office and who is appointed to the Supreme Court.
Read the article. The judge ruled that the waters are usable but ONLY for through navigation.
This means more money spent, and more money wasted when the law as written is clear that these are PUBLIC Waters.
Jim

[bje]

I could not find the article, but like I said, US District Courts often have different rulings from district to district on the same issue. Lets hope it would be decided differently in ours.

[Danny]

Hey everyone,

First, let's not over react and get all paranoid. Yes a precedent has been set, and that is bad. I also is not completely clear from Jim's post about this lake. Think about how LA's waters, especially back waters run through people's lands.

Finally, remember also where this is. This is the same state where an angler, competeing in a BASS tournament was shot at. Not only was he shot at, it was caught on camera. Then the DA decides not to prosecute for lack of evidence. Lack of evidence??? It was captured on film!!!!!!

So, LA seems to have its own rules and they seem to often go against common sense.

I am glad Jim posted this. We need to know, and we all need to email our state reps and let them know we disagree with this type of decision and try to get laws in place to protect us.


Tight lines and God Bless

Danny

[KR]

You can bet come fall I will topwater every dock on lower Cumberland for those magnum spots! That law is crap. I don't think it is being enforced to heavily on the lower Cumberland!

[Moose1am]

Good Advise.

All Fishermen need to stick together to preserve our access to waters.

We won't want to get into the position where the Sheriff of Sherwood Forest arrests us for Fishing on the King's River or Lake.

The main thing is this. We need to establish more Habitat for Fish and Fowl and preserve everyone's rights to fish and hunt this habitat.


Regards,

Moose1am

[the_donger]

I hope you are rich, because on the off chance that you are written a ticket, you can fight it to the Supreme Court and clear this issue up once and for all. Really, really rich, or a lawyer...