NYCkayaker US Federal judge declares boating illegal in allUSnavigable waters

[Herbert Meyerson]

http://www.americanwhitewater.org/content/Article/view/articleid/10182/display/full///<http://www.americanwhitewater.org/content/Article/view/articleid/10182/display/full///>

American Whitewater 

Court Ruling Limits Recreational Rights on Rivers

Many reports on this recent case claim that it makes pleasure boating illegal on every navigable river across the nation.  This is not correct.  Judge James clearly states that hunting and fishing above the ordinary low water mark of a navigable river is illegal, but did not state that recreational boating was illegal.  In fact, in agreeing with a 1931 Fifth Circuit case, Judge James acknowledges that the public does have a right to float navigable rivers:  

"Although the Fifth Circuit stated in Silver Springs that the public has a right to reasonably use navigable waters for "legitimate purposes of travel or transportation, for boating or sailing for pleasure, as well as carrying persons or property for hire," the Fifth Circuit did not specifically find that the public has a federal common law right to fish or hunt on a navigable source of water." 

While the case does not make paddling rivers illegal, it comes dangerously close to doing so. It appears possible at least that this case - if upheld - could influence subsequent cases in a manner that is damaging to the millions of Americans that enjoy all types of boating.  What this case does do though, is eviscerate sportsmens' ability to hunt and fish on rivers acros the country, and significantly narrows the rights Americans have to enjoy our public waters.  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.  American Whitewater strongly supports the right to fish in our nation's waterways and is deeply disturbed by this ruling.  If upheld, it will impact our many members that enjoy fishing.     

We expect this case to be appealed to a higher court and will actively seek ways in which we can foster a positive outcome for all Americans that enjoy recreating on our nation's waterways. 
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