# Boating declared illegal in navigable US waters? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [September 16, 2006, 12:26am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903 "2006-09-16T00:26:27Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![FilmGeek](https://avatars.discourse-cdn.com/v4/letter/f/b19c9b/32.png) [@FilmGeek](https://boards.straightdope.com/u/FilmGeek)\ **Post date:** [September 16, 2006, 12:26am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/1 "2006-09-16T00:26:27Z")
I was pointed to [this article](http://www.ybw.com/ibinews/newsdesk/20060814154923ibinews.html) that says, in part: > [@](#): > > 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. Anything to this? This is the only article I could find on it. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [September 16, 2006, 12:35am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/2 "2006-09-16T00:35:01Z")
I can’t address the legal aspect; my opinion is that this ruling is garbage and sure to be overturned. However, by searching on “Judge Robert G. James”, I found several sites mentioning this such as [this](http://www.louisianasportsman.com/details.php?id=213). ---
**Author:** ![FilmGeek](https://avatars.discourse-cdn.com/v4/letter/f/b19c9b/32.png) [@FilmGeek](https://boards.straightdope.com/u/FilmGeek)\ **Post date:** [September 16, 2006, 12:36am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/3 "2006-09-16T00:36:19Z")
That was my opinion too. I searched “Judge Robert James” and got nothing. Damn that middle initial! ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [September 16, 2006, 1:26am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/4 "2006-09-16T01:26:55Z")
Roberts is definitely a [real judge and in the right district:](http://www.lawd.uscourts.gov/information/chambers/chambers.html) Mark Shumate is a real [LA sheriff.](http://www.lawd.uscourts.gov/information/chambers/chambers.html) Can’t find anything about the case but dire warnings by sportsman groups. ---
**Author:** ![myskepticsight](https://avatars.discourse-cdn.com/v4/letter/m/cc9497/32.png) [@myskepticsight](https://boards.straightdope.com/u/myskepticsight)\ **Post date:** [September 16, 2006, 1:33am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/5 "2006-09-16T01:33:59Z")
My parents and uncle have slips on the Mississippi river near St. Charles, MO. That area of the river is HUGE for boating. We go every weekend when it’s warm. So this is stupid. ---
**Author:** ![tomndebb](https://avatars.discourse-cdn.com/v4/letter/t/b9e5f3/32.png) [@tomndebb](https://boards.straightdope.com/u/tomndebb)\ **Post date:** [September 16, 2006, 3:59am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/6 "2006-09-16T03:59:16Z")
From the little I can determine, the issue appeared to _begin_ with people fishing over the flooded portion of the property belonging to a farm. In other words, the Mississppi (or some tributary thereto) overflowed its banks to the point where one could cruise a bass boat up to someone’s backyard and drop a line outside someone’s bedroom window. I am not yet sure whether the ruling is appropriate (but badly worded–or correctly worded but misunderstood) or inappropriate. Certainly, there are interest groups who are up in arms, but I am not prepared to panic until I see a genuine explanation of the ruling by a non-biased party (and, if it is bad), then supported by an appellate court. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [September 16, 2006, 6:45am UTC](https://boards.straightdope.com/t/boating-declared-illegal-in-navigable-us-waters/372903/7 "2006-09-16T06:45:39Z")
There is a point beyond which a ruling on some matters becomes too absurd to worry about. I think this ruling, if it is what it has been reported to be, has passed that point. Even if it is as it appears from the sites linked to above and even if some Miracle of Stupidity occurs and an appeals court upholds it, it isn’t going to change anything. It won’t be allowed to. States across the Union make way too much money off of tags and licensing and so on to allow anything like this to ever be enforced.