Post by Mickey Goetting on Sept 19, 2006 12:22:36 GMT -5
From www.bassfan.com
A recent decision by Judge Robert James of the U.S. District Court, Western Division of Louisiana has severe ramifications for anglers not only in Louisiana, but in the rest of the nation as well. The decision, in effect, makes it illegal to fish the shallow-water areas of the Mississippi River in East Carroll Parish, La. without permission from landowners.
A number of organizations immediately stepped up to help fight the decision and its potential spread to all navigable U.S. waterways.
Louisiana Federation (TBF) president Steve Streeter told BassFan: "The freedom to fish anywhere has been taken away by this ruling. This is going to be a battle to the end."
According to Streeter, and other sources close to the ruling, the battle over Mississippi River recreational-fishing rights has been happening for at least 10 years. In this instance, the Walker Cottonwood Farms owns shoreline land around Louisiana's Lake Gassaway, which is located in East Carroll Parish. The Mississippi River moves through Gassaway during normal flows. A few years ago, after complaints by Walker Farms, sheriff Mark Shumate began arresting anglers for fishing Lake Gassaway.
Historically, anglers are able to fish navigable waters up to the high-water mark. The arrested anglers sued, and were successful in defending their rights to fish the lake as a navigable water. However, that decision was appealed, and three weeks ago (Aug. 29), Judge Robert G. James of the U.S. District Court overturned the prior decision and made the lake off-limits to recreational boating and fishing.
Streeter's fear is not only for anglers in East Carroll Parish, but anglers throughout the U.S. who fish navigable waterways. He noted: "Now, no one has the right to leave the navigable section of the Mississippi River, which they claim is the channel of the river. What it means in layman's terms is if you're fishing on any navigable body of water, you cannot go to the bank unless you have permission from the property owner.
"It'll be appealed – either to the Federal Appellate Court, or the U.S. Supreme Court. I'm assuming the Supreme Court is next. But we need everyone fighting it with us so we can get it in front of the U.S. Supreme Court."
A recent decision by Judge Robert James of the U.S. District Court, Western Division of Louisiana has severe ramifications for anglers not only in Louisiana, but in the rest of the nation as well. The decision, in effect, makes it illegal to fish the shallow-water areas of the Mississippi River in East Carroll Parish, La. without permission from landowners.
A number of organizations immediately stepped up to help fight the decision and its potential spread to all navigable U.S. waterways.
Louisiana Federation (TBF) president Steve Streeter told BassFan: "The freedom to fish anywhere has been taken away by this ruling. This is going to be a battle to the end."
According to Streeter, and other sources close to the ruling, the battle over Mississippi River recreational-fishing rights has been happening for at least 10 years. In this instance, the Walker Cottonwood Farms owns shoreline land around Louisiana's Lake Gassaway, which is located in East Carroll Parish. The Mississippi River moves through Gassaway during normal flows. A few years ago, after complaints by Walker Farms, sheriff Mark Shumate began arresting anglers for fishing Lake Gassaway.
Historically, anglers are able to fish navigable waters up to the high-water mark. The arrested anglers sued, and were successful in defending their rights to fish the lake as a navigable water. However, that decision was appealed, and three weeks ago (Aug. 29), Judge Robert G. James of the U.S. District Court overturned the prior decision and made the lake off-limits to recreational boating and fishing.
Streeter's fear is not only for anglers in East Carroll Parish, but anglers throughout the U.S. who fish navigable waterways. He noted: "Now, no one has the right to leave the navigable section of the Mississippi River, which they claim is the channel of the river. What it means in layman's terms is if you're fishing on any navigable body of water, you cannot go to the bank unless you have permission from the property owner.
"It'll be appealed – either to the Federal Appellate Court, or the U.S. Supreme Court. I'm assuming the Supreme Court is next. But we need everyone fighting it with us so we can get it in front of the U.S. Supreme Court."