Re: Navigable Waters
[Re: danny clifton]
#7117804
01/03/21 12:08 AM
01/03/21 12:08 AM
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Joined: Dec 2006
Posts: 17,379 Coeur d' Alene, Idaho
James
"Minka"
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"Minka"
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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What do you guide for out of the boat, Dirt?
Jim
Forum Infidel since 2001
"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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Re: Navigable Waters
[Re: danny clifton]
#7117812
01/03/21 12:23 AM
01/03/21 12:23 AM
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Joined: Jun 2018
Posts: 4,770 Beatrice, NE
loosegoose
trapper
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trapper
Joined: Jun 2018
Posts: 4,770
Beatrice, NE
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Here in the great state of Nebraska, nobody own the water on navigable rivers. How a body of water is determined to be navigable, I don't know. Landowners own the land under that water, to the middle of the channel if the river divides properties. So I can put in at a public access point, and paddle down to where the river goes through private property. If I fish using a bobber, I'm not trespassing, because I'm not using he land. But if I fish using a sinker, I'm trespassing because my sinker is on the private property under water. If one side of the river is public land, I can only fish with a sinker on that half of the river. Kinda silly. Also, portaging around an obstruction is an affirmative defense to trespassing, as long as the water is navigable. So I can get out on walk on your land if you put barbed wire across a navigable river. Never done it, though. Never had to, and it just doesn't seem right, even if it's legal.
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Re: Navigable Waters
[Re: charles]
#7117813
01/03/21 12:23 AM
01/03/21 12:23 AM
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Joined: Jan 2008
Posts: 9,226 Alaska and Washington State
waggler
trapper
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trapper
Joined: Jan 2008
Posts: 9,226
Alaska and Washington State
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I didn’t hear the entire recording but I think if someone carries customers for hire, they may need a Coast Guard captains license and their vessel is required to be inspected annually. Lots of other CG refs could apply, even on internal waters and lakes.
A lakeside restaurant cannot provide free pontoon boat rides to patrons. A coastal wedding venue cannot provide water born entertainment for wedding guests, without CG licensed operators. Not sure when a fishing guide requires licensing, probably on coastal waters for sure. More than six passengers requires a different license. The point though is that even if the potential boat operators meet all the Federal requirements (Coast Guard licenses, etc) the State of Washington still won't allow them to operate since the State has created a monopoly on who can operate on that large lake; they allow only one operator. Tell me that is fair.
"My life is better than your vacation"
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Re: Navigable Waters
[Re: danny clifton]
#7118198
01/03/21 11:02 AM
01/03/21 11:02 AM
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Joined: Mar 2012
Posts: 4,324 AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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The feds aren't a party to the lawsuit. The federal government has no regulatory authority regarding commerce over intrastate navigable waters.
formerly posting as white dog
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Re: Navigable Waters
[Re: FairbanksLS]
#7118222
01/03/21 11:16 AM
01/03/21 11:16 AM
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Joined: Dec 2010
Posts: 11,204 Armpit, ak
Dirt
trapper
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trapper
Joined: Dec 2010
Posts: 11,204
Armpit, ak
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The feds aren't a party to the lawsuit. The federal government has no regulatory authority regarding commerce over intrastate navigable waters. I argued this point when the Feds made me get a six pac and the ole TWIC card. I believe this has something to do with maritime law?
Who is John Galt?
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Re: Navigable Waters
[Re: danny clifton]
#7118250
01/03/21 11:38 AM
01/03/21 11:38 AM
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Joined: Jan 2008
Posts: 9,226 Alaska and Washington State
waggler
trapper
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trapper
Joined: Jan 2008
Posts: 9,226
Alaska and Washington State
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^^^^^ The Coast Guard license is for safety reasons, so we can legally carry paying customers whether it's in conjunction with our guide business or just for ferrying. The need for the TWIC card is just part of the CG licensing process whether you are operating a canoe or a thousand ton ship. Really dumb requirements, but it is bureaucrats who dream up this stuff, so it's not surprising.
"My life is better than your vacation"
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Re: Navigable Waters
[Re: danny clifton]
#7118261
01/03/21 11:55 AM
01/03/21 11:55 AM
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Joined: Dec 2010
Posts: 11,204 Armpit, ak
Dirt
trapper
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trapper
Joined: Dec 2010
Posts: 11,204
Armpit, ak
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Every waterway out here is undetermined except for one and the State owns the waterways up to the high water mark as far as I know for both. Maybe not in the Park?
Who is John Galt?
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Re: Navigable Waters
[Re: danny clifton]
#7118328
01/03/21 12:46 PM
01/03/21 12:46 PM
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Joined: Mar 2012
Posts: 4,324 AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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If the state offers public transportation do they have a right to deny a hotel from operating an airport shuttle on public highways.
formerly posting as white dog
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Re: Navigable Waters
[Re: 330-Trapper]
#7118343
01/03/21 01:03 PM
01/03/21 01:03 PM
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Joined: Feb 2010
Posts: 19,719 pa
hippie
trapper
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trapper
Joined: Feb 2010
Posts: 19,719
pa
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What about when its iced over? If your asking me, doesn't matter. Landowners don't own anything below the high water mark.
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Re: Navigable Waters
[Re: danny clifton]
#7118352
01/03/21 01:12 PM
01/03/21 01:12 PM
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Joined: Mar 2012
Posts: 4,324 AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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I have to ask. Is it the high water line, high water bank, or high water mark? Lol
formerly posting as white dog
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Re: Navigable Waters
[Re: FairbanksLS]
#7118420
01/03/21 02:08 PM
01/03/21 02:08 PM
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Joined: Feb 2010
Posts: 19,719 pa
hippie
trapper
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trapper
Joined: Feb 2010
Posts: 19,719
pa
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I have to ask. Is it the high water line, high water bank, or high water mark? Lol All the above! lol Its arbitrary, but in actuality with some common sense its easy to see.
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Re: Navigable Waters
[Re: danny clifton]
#7118617
01/03/21 04:27 PM
01/03/21 04:27 PM
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Joined: Dec 2006
Posts: 29,888 williamsburg ks
danny clifton
OP
"Grumpy Old Man"
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OP
"Grumpy Old Man"
Joined: Dec 2006
Posts: 29,888
williamsburg ks
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the Marias des Cygne routinely floods. Almost annually. There are a lot of places where the normal high water line is a mile from the water.
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
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