From www.bassfan.com
TBF supports access 4/21/2006
The Bass Federation Inc. (TBF) has weighed in on a Louisiana lawsuit in which public access to Mississippi River backwater areas is at stake.
Normal Palm Jr., et. al., vs. Mark W. Shumate, Sheriff of East Carroll Parish, is a pending case in U.S. District Court, Western District of Louisiana, Monroe Division. TBF asserts in an Action Alert that a ruling in favor of Shumate "would make fishing backwaters illegal, even when access to such waters is readily available with river stages between the ordinary low- and high-water marks.
"Such a ruling is clearly unacceptable. Now is the time to take a stand, before the courts set a precedent for denying access to navigable waters throughout the entire United States."
Historically, anglers have had access to all navigable waters along the Mississippi, including its tributaries.
Along with the Action Alert, TBF sent a form letter to each of its state Federations that can be signed and sent to an attorney who's preparing a brief on behalf of anglers and angling organizations to "better inform the court of the potential impacts of its decision." TBF is requesting to review the brief and would become a signatory "if it argues to protect the public's right to access navigable waters."
The court is expected to issue its ruling soon. The case number is 3:01-CV2624.
This kind of stuff is very scary - similar stuff on a smaller scale even happens here in Michigan. We have to be vigilant - no choice in the matter. Thanks Blake!
La. access upheld 4/24/2006
A U.S. District Court judge in Louisiana ruled Friday that access to Mississippi River backwater areas should remain open for angling and other uses.
Judge James D. Kirk ruled in favor of Normal Palm Jr., Harold Watts, Roy Gammill, William Rogers and Robert Balch in a suit against Mark W. Shumate, sheriff of East Carroll Parish. In the report and recommendations, the court ruled that the plaintiffs "are entitled to reasonably use the waters of the Mississippi from the ordinary low-water mark to the high-water mark, as defined by federal and state law, which use includes at the least the purpose of navigation (including travel and transportation), commerce, boating, sailing, fishing and hunting from boats."
The report also stated that "the arrests of the plaintiffs were without probable cause" and recommended that "further proceedings be held to ascertain the extent of plaintiffs' damages resulting from their illegal arrests."
The Bass Federation Inc. (TBF) and BASS Federation Nation both issued Action Alerts recently to notify anglers of an impending decision in the case and urging members to send letters supporting continued access.
"It just goes to show what the power of the group can do when we all pull together as one," said TBF president Robert Cartlidge.
Sweet - it is good to finally see a the legislative process work for the common good!
Jack
It's amazing what some greedy people will do to covet... and what some questionable 'law' persons will do to help them... like I said - scary!