Quote:
Originally Posted by Duck Butter
Navigation and commerce does not mean you can hunt/fish there. Commerce means trade. Think of it as a public road going through your property. Anyone can travel down that road but you can't get out the vehicle me and shoot a deer off the side of the road
There was a case up in northeast Louisiana (Gassoway Lake) that the federjudge ruled for the landowner and he cited the public trust doctrine pertaining to commerce as well. This lake was an old oxbow of the MS River and when the river would flood, it was then "navigable" and you could get to this lake many people got arrested and took it to court. Basically the rules were written that you were allowed to be in the floodwaters but only to moor overnight and/or dry your nets but weren't allowed to hunt or fish there.
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That case was about mean high-water mark and river flooding. You are right I can't stop in the middle of a bayou and shoot a deer on your land. I can stop my boat, throw out some decoys and shoot ducks.