Louisiana Sportsmans Coalition

[Duck Butter]

Originally Posted by evis102

United States Constitution - Freedom of navigation and the public?s right to use rivers are guaranteed by the Commerce Clause. The congressional Act admitting States to the Union requires that ?all the navigable waters within said State shall be common highways and forever free.?

It could be argued that at one time or other any water deep enough to float a pirogue was used for trade and travel.

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.