Tucker, 120376 MSAGO, 1976-0013

• Case Date: December 03, 1976
• Court: Mississippi

Honorable A.T. Tucker, Jr. No. 1976-0013 Mississippi Attorney General Opinions December 3, 1976          Honorable A.T. Tucker, Jr.          County Prosecuting Attorney          Post Office Box 626          Tunica, Mississippi 38676          Dear Mr. Tucker:          Attorney General Summer has received your letter of request dated November 23, 1976, and has assigned it to the undersigned for research and reply.          In your letter of request you asked a number of questions on Section 51-1-4, Mississippi Code of 1972, dealing with water sports (hunting) on navigable waters. You asked our opinion on these questions and for us to make a determination as to the circumstances under which a county attorney may in good faith bring an action for criminal trespass against one who enters and travels on non-navigable waters of our State to duck hunt. Section 51-1-4, Mississippi Code of 1972, reads as follows:

Such portions of all natural flowing streams in this state have a length of not less than five miles and which have an average depth along the thread of the channel of three feet for ninety consecutive days in the year and which have an average width at low water of not less than thirty feet, shall be public waterways of the state on which the citizens of this state and other states shall have the right of free transport and the right to fish and engage in water sports. Such persons exercising the rights herein granted shall do so at their own risk and such persons shall not be entitled to recover any damages against any person, firm or corporation for any injury to or death of persons or damage to property arising out of the exercise of rights herein granted unless such persons would have been entitled to recover such damages against such person, firm or corporation under the laws of this state prior to the enactment of this section. Nothing herein contained shall authorize the person, firms or corporations utilizing said public waterways, under the authority granted hereby, to launch or land any commercial or pleasure craft along or from the shore of such waterways, except as may be otherwise authorized by law. Except as otherwise provided by law nothing herein contained shall authorize any person, firm or corporation utilizing said public waterways, under the authority granted hereby, to disturb the banks or beds of such waterways or discharge any object or substance into such waters or upon or across the lands adjacent thereto. Nothing contained in

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