OVERTIME OUTDOORS: ‘Friend of the court’ joins Catahoula Lake battle

Published 6:45 am Sunday, December 10, 2017

Teche Area outdoorsmen may want to follow a developing legal issue in central Louisiana, where a national organization has joined outdoorsmen in their effort to keep public access for duck hunters at Catahoula Lake.

Backcountry Hunters & Anglers, which has 500,000 members, including a growing membership and presence in the Sportsman’s Paradise, filed an amicus brief last week in a lawsuit that challenges traditional public access opportunities on the acclaimed waterfowl hunting lake. The legal document is a “friend of the court” brief filed on behalf of the group’s members and supporters.

A recent decision by a Louisiana district court could privatize vast areas of the lake, which would give private landowners the right to prohibit public access.

In 2016, a group of private landowners filed the class action lawsuit in Crooks vs. State in an attempt to claim ownership of the lakebed and control public access to the water above by reclassifying Catahoula Lake as a river instead of a lake. Under Louisiana law, designation as a lake means the state owns the land below the ordinary high-water mark, while individuals own the banks of rivers. 

The July ruling by the court found that Catahoula Lake is a river, giving private citizens ownership of the land between the ordinary low and high watermarks.

Should the plaintiffs prevail, Catahoula basin ownership would shift to private landowners, who would control public access and reap the benefits of gas, oil or mineral deposits that are under it. Currently, royalties generated through mineral development in the Catahoula basin fund Louisiana’s public school system.

The state of Louisiana is appealing the ruling to the Third Circuit Court of Appeals in Lake Charles.

BHA President and CEO Land Tawney, who hunted ducks on the lake last week and reportedly had a “great time,” said in a prepared statement, “Catahoula Lake is a Louisiana gem long relied upon by duck hunters, anglers and other public waters users. This misguided lawsuit not only threatens a place beloved by generations of Louisianans. It also could set a legal precedent and jeopardize public access elsewhere in the state. 

“BHA is dedicated to standing up for traditional access opportunities — and the ability of sportsmen and women to enjoy a day with their families in the field or on the water.”

We should be thankful BHA is behind sportsmen’s concerns regarding the decision and its implications for hunters and fishermen who hunt and fish prime habitat on public land. BHA has launched a petition giving sportsmen and others a chance to speak up for public access to public waters in Louisiana.

Public access issues have been mounting in this state, particularly along coastal Louisiana. The hot-button issue got national attention this year when B.A.S.S. announced Louisiana waters will be off-limits for the Bassmaster Elite tournament in April 2018 on the Sabine RIver out of Orange, Texas. B.A.S.S. made the announcement in August, noting B.A.S.S.-related events won’t be scheduled in South Louisiana until the public/private issue is resolved. (Toledo Bend and the Red River remain eligible for those lucrative bass fishing tournaments as they aren’t affected by coastal tides.)

There are many who believe there could be a resolution next year while others say it may never happen. 

Perhaps BHA can step in and come to the aid of sportsmen in South Louisiana, as well.

 

DON SHOOPMAN is outdoors editor of The Daily Iberian.