Fishermen's Bill of Rights

[Ken G]

My long term goal is to find the court cases that better describe the following.

First, the public has the right to use all running waters, (even streams that are not physically navigable,) for activities such as fishing, (subject to state regulations to conserve fisheries,) and to walk along the banks as necessary to use these waters, in the manner that is least intrusive to private land.

I figure a years worth of reading ought to do it.

[MattC]

Ken, you may like this or not.....
http://caselaw.lp.findlaw.com/data/ut/c ... 071808.pdf

another
http://www.scattorneygeneral.org/opinio ... waters.pdf

[Special Ed]

Good reads there Matt.


I'd like to see some IL state rulings on right of way & public use of waterways.

[Ken G]

That's my point. If you go to the page on National Rivers, it will tell you that state rulings don't matter.

It's federal law.

http://nationalrivers.org/us-law-public.htm

I'll read Matts links at work, it will give me something to do.

[MattC]

Under Federal Law we are able to use any Navigable waterway for any purpose that we want because it belongs to the public. So the question is what is Navigable and Non Navigable?

Here is a Paragraph from something i found followed by the whole article.

"Judge Lokuta wrote that "the question as to whether the Lehigh River [or any other water of the Commonwealth] may be considered to be navigable cannot, in the Court's opinion, be resolved by merely observing the river in its present state of being." At issue was whether, when the United States declared independence on July 4, 1776, the Lehigh was considered a navigable waterway, and capable of use by the public for transportation and commerce. Uses accepted in the doctrine of navigability include fishing and boating."

http://www.fish.state.pa.us/anglerboate ... hicort.htm

[Ken G]

I found a lot of links to Pennsylvania rulings. I'll have to go back and read them when I have time.

People I've talked to in Illinois all make it sound like the wheel is being reinvented. Other states have dealt with this. Just pick up what they've done and change the name of the state.

Hard to believe it could be that difficult.

[Anthony Mikos]

Have you read Gierach's "No Shortage Of Good Days?" There is a chapter in there about fishing public waters that run through private property. His style is all short-form essay...diary type stuff, really. Not dissecting the laws and rules or anything, just talking about how he negotiates within and around them.

Even though I know next-to-nothing about fly and/or trout fishing and there is a ton of inside baseball fly/trout jargon in his books, he writes really well and his books are quick, fun reads that make me want to fish.

[Ken G]

I've got a couple other of his books, but not the one you mention.

Would be interesting to see how others deal with this issue. I'll have to get it, been awhile since I bothered reading through one.

I seem to read a lot of fly/trout books, it's the type of writing I like. Even if there are no trout in Illinois.

[Norm Minas]

The Kankakee River is a navigbile river by federal statute, think it was back in the 70's.

I remember a few years back when the issue of river law was brought up with Marc Miller at an ISA banquet. He said to send him copies and he would have the dept legal staff look at them. Nothing has changed to date.

I found it hard to believe the legal staff didn't already know what federal law said on the matter. My belief is that the resistance to change Illinois law on the matter has a lot to do with politics and politicians more interested in re election than in doing right. Well actually that pretty much sums up what is wrong with a lot of things in this country.

[Ken G]

Marc knows the laws. He knows the two Illinois laws that screw everything up. I've talked to him about it numerous times.

At the Tinley Show over the winter I told him I've been trying to get arrested for years on a little creek to push the issue. There's precedent already set on the Apple River that anglers can go the "feet wet" route. In particular I told him I'm trying to get arrested on the creek that runs behind Denny Hasterts house. He told me if that happens......I don't know you.

So far whenever I get stopped I've talked my way into continuing to fish. Pretty simple, tell them to go get their deed, bet it says nothing about owning the creek/river/waterway. Works every time. Of course, I'm always very polite about it.