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Holy Crap...Look at all these other forum sections! ~ "Gordie" => Volunteer Work And Conservation Topics => Topic started by: TFTN Admin on April 29, 2013, 08:41:50 AM

Title: COE and the right to access our Tailwaters.
Post by: TFTN Admin on April 29, 2013, 08:41:50 AM
We've been quiet on this issue long enough. The COE is flexing their muscle and laughing in the face of the citizens that fund them. Lets all get more involved in this please. I'll be gathering info from around the web and posting it here. Please feel free to do the same. I feel if this gets through it's just the beginning of the erosion of our tailwater fisheries. 
Title: Re: COE and the right to access our Tailwaters.
Post by: toddro on April 29, 2013, 11:30:12 AM
I agree Mike!  I have been doing all I can to make some noise on this issue.  Also, Doug Markham has been doing a great job updating various pieces of information about this issue on his Facebook page.
Title: Re: COE and the right to access our Tailwaters.
Post by: Looper Flies on April 29, 2013, 03:29:05 PM
What can I do to help?  I've signed petitions and such, but that's all.  Any direction would be helpful.

Thanks,

Sam
Title: Re: COE and the right to access our Tailwaters.
Post by: TFTN Admin on April 29, 2013, 07:42:22 PM

Copied from DOUG Markham's facebook.

 Doug Note: One of the hardest working folks to help keep our waters open above and below our dams in Middle Tennessee and Kentucky has been Rick Duty. Rick does a lot of posting on T.K. Walker's excellent bulletin board/fish forum www.fishingtn.com.

Rick is very bothered, as am I and others who have been at this battle with the Corps of Engineers since last fall, that our State Attorney General's office has not intervened in this matter. Yes, we have the help of our U.S. Senators (especially Lamar Alexander) and there is an effort to stop the USACE's barricades with national legislation. But, national legislation takes time and it is a real concern that the Corps is working as fast as it has been allowed to barricade our waters. We learned just days ago that the current Nashville District Commander's goodbye ceremony is June 28th.

The work that so many of you have done has at least slowed this ill advised seizure of our waters--if it had not been for all of you most of them would probably have boat buster style buoys intact. Right now, there are NONE. But, if you read the Tennessean late last week you could see the Corps is not stopping despite the overwhelming opposition to its plans and the fact that its own employes are being furloughed for lack of money.

All that said, read the sample letter that Rick Duty wrote this weekend that YOU CAN USE to help us get our state attorney general motivated to help us. Rick believes we need to contact our local state legislators---the ones that represent you---and ask them to solicit help from our attorney general's office. In Kentucky, County Executives Wade White and Chris Lasher have actually gotten a meeting set up with the governor's office to seek the same outcome.

I am proud to say that the Tennessee General Assembly--the Senate and the House--unanimously passed resolutions asking the Nashville District to cease and desist its actions that none of us want. This is something our state attorney general should understand and respond to. So should the governor.

With only 60 days left in his tenure here before he gets to leave behind the mess he created hear, the current commander in the Nashville District might be putting pedal to the metal and we don't need his legacy of federally seized waters.

Sample Letter Written by Rick Duty for all to use (with the proper names of your Senate or House leader):


Honorable Legislators Name
Tennessee Senate/House of Representatives

Dear Senator/Representative Name

Thank you and your colleagues in both houses for the overwhelming support of SJR 132, in opposition to the U.S. Army Corps of Engineers (USACE) plan to barricade sections of the Cumberland River. The House now has the resolution on the expedient path of Consent Agenda. When the Great Seal of the State of Tennessee is finally applied, it will with resounding resolve, validate the public position on this matter. That validation is now likely to be a necessary point-of-law, as litigation seems to be the only solution in stopping the USACE project.

The leadership at the very highest level of the USACE knows full well the value the people of this state place on the commerce, sport, ecology and heritage associated with the tail-waters of the Cumberland. Yet in spite of an April 12, 2013 letter to the Assistant Secretary of the Army – Public Works, signed by all 4 United States Senators and 6 U.S. Congressmen representing Tennessee and Kentucky; and also knowing there is pending legislation in both houses to stop the USACE plan, they apparently are moving forward with the construction of the barricades.

Our federal legislators have our undying support, and we are most appreciative of their efforts, in introducing S. 421, and H.R. 826; both named, The Freedom to Fish Act. But the fact is that the progression of both bills is predictably slowed by committee referral and the necessities of current national priorities. Meanwhile, the USACE disregards overwhelming public opinion, ignores the letters from our legislators appealing for legally required discussion and compromise, and acts oblivious to the legislation in progress. The hard reality is, the USACE will succeed in blocking us from public owned assets, if we do not act quickly to argue the tenets of Public Trust Doctrine, Tennessee Code (69-1-117), the Eminent Domain clause of the 5th Amendment, The Code of Federal Regulations 33-327.1 (and more), a rich history of case law, and Supreme Court decisions dating back over 100 years. And, let’s not forget our Tennessee State Constitution; Article 1, Section 2.

The Cumberland River in Tennessee belongs to the public, held in trust by the State; not the U.S. Army. The State has the affirmative obligation to protect that trust. We implore the General Assembly, or individual representatives therein, to call upon Attorney General Cooper for a Temporary Restraining Order, preventing the USACE from installing one more hazardous cable or buoy, before lawfully engaging the representatives of the State of Tennessee in the hearings prescribed by law.

Most sincerely,

Your name
Title: Re: COE and the right to access our Tailwaters.
Post by: TimM on April 30, 2013, 03:09:45 PM
I think there was an interesting development in this battle today.  The ACOE put out this press release:

___
NASHVILLE, TENN. (April 30, 2013) – The U.S. Army Corps of Engineers Nashville District is beginning to implement permanent full-time waterborne restrictions around the 10 dams on the Cumberland River and its tributaries this week. Enforcement of these restrictions will be effective when the placement of buoys and sufficient signs is completed at each dam.

The installation of buoys and signs will continue through the spring and summer of 2013. The district will not be installing physical barriers at this time. Buoys and signs will be used to mark the restricted areas.

The district will be coordinating enforcement of the restrictions with the Kentucky Department of Fish and Wildlife Resources and the Tennessee Wildlife Resources Agency.
(link: http://www.lrn.usace.army.mil/Media/NewsReleases/tabid/6958/Article/13353/nr-13-015-nashville-district-announces-implementation-of-restrictions-around-da.aspx)
___

Perhaps I am over-reading this but what strikes me as interesting here is that (1) the COE is apparently dropping plans to install physical barriers and will rely on buoys & signs only and (2) they will be "coordinating" with TWRA & KDFW on enforcement.  Meanwhile both of those organizations have flatly stated multiple times that they will not enforce these restrictions. So where does that leave this situation?  There will be buoys and signs stating access is not allowed but there will be no real enforcement?
Title: Re: COE and the right to access our Tailwaters.
Post by: toddro on April 30, 2013, 03:20:58 PM
Maybe this is their "out", in an attempt to save face?

[edit- ] just read this on Doug Markham's Facebook page.  I hope it is ok to copy/paste here:

LTC James DeLapp over at the Corps of Engineers has had an press release issued that the Corp plans to begin barricades soon and that the Nashville District "will be coordinating enforcement of the restrictions" with TWRA and Kentucky's fish and wildlife agency. PLEASE understand that this is yet an other of the Corps PURPOSELY MISLEADING news releases. The TWRA will NOT be enforcing barricades and will continue to work with Senator Alexander and others to stop these barricades or to reverse their implementation. These USACE press releases have been deliberately misleading from Day 1. LTC DeLapp's last day as commander here is June 28th. So, expect him to be in a real big hurry to get this done.

Also, the Nashville District office has refused to tell News Channel 5 where it will start barricading because it fears reprisals from angry fishermen. Such a crock. I am so glad I don't work for DeLapp. I would have been fired long ago for refusing to write the crap he tells me to write. Please keep fighting this. We have many things in mind yet but WE NEED YOUR HELP.
Title: Re: COE and the right to access our Tailwaters.
Post by: TFTN Admin on April 30, 2013, 08:36:36 PM
I'm talking to Zach to try to get this in some of the magazines. Hope it isn't too late.
Title: Re: COE and the right to access our Tailwaters.
Post by: TFTN Admin on May 01, 2013, 09:08:23 AM
Talked to Ross Purnell, Marshall Cutchin, and Zach Matthews.

Zach may be interested for something in American Angler, Ross says he'll consider it in the Fall issue of Fly Fisherman, and I'm going to start working on something to put in MidCurrent.
Title: Re: COE and the right to access our Tailwaters.
Post by: toddro on May 01, 2013, 11:46:02 AM
Talked to Ross Purnell, Marshall Cutchin, and Zach Matthews.

Zach may be interested for something in American Angler, Ross says he'll consider it in the Fall issue of Fly Fisherman, and I'm going to start working on something to put in MidCurrent.

Nice!
Title: Re: COE and the right to access our Tailwaters.
Post by: Steve Howard on May 01, 2013, 12:27:43 PM
TWRA reports they will not enforce the regulations. This was on WSMV this AM.

http://www.wsmv.com/story/22127357/twra-says-they-wont-enforce-corps-plan
Title: Re: COE and the right to access our Tailwaters.
Post by: toddro on May 14, 2013, 11:52:33 AM
Buoys are in place above and below Priest dam...
Title: Re: COE and the right to access our Tailwaters.
Post by: Steve Howard on May 14, 2013, 02:14:36 PM
Buoys are in place above and below Priest dam...

With no one to enforce them, brilliant.
Title: Re: COE and the right to access our Tailwaters.
Post by: Travis C. on May 14, 2013, 03:23:30 PM
With no one to enforce them, brilliant.

They have army snipers hidden ordered to shoot upon crossing... :P
Title: Re: COE and the right to access our Tailwaters.
Post by: TFTN Admin on May 21, 2013, 02:55:27 PM
From Doug
WHITFIELD ANNOUNCES HOUSE PASSAGE OF ‘FREEDOM TO FISH ACT’

Doug Note: Short release from KY Representative Ed Whitfield's office. Thanks very much congressman for ALL of your VERY HARD work on this issue. Kentucky is lucky to have you.

WASHINGTON, D.C. – U.S. Rep. Ed Whitfield (KY-01), Chairman of the House Subcommittee on Energy and Power, today announced that his legislation, The Freedom to Fish Act, unanimously passed the House of Representatives. The legislation will place a two-year moratorium of the Army Corps of Engineer’s plan to erect barriers along the Cumberland River in Kentucky and Tennessee.

“I am pleased that we were able halt the Corps’ overreaching plan to take away some of the best fishing in Kentucky,” stated Whitfield. “The Corps has tried rushing through with their plan to implement permanent restrictions without providing any information on their rationale for doing so. With the passage of this legislation we can now work toward a solution that doesn’t take away one of Kentucky’s favorite pastimes – fishing.”

The Freedom to Fish Act, which was introduced by Tennessee Senator Lamar Alexander, is co-sponsored by Senators Mitch McConnell, Rand Paul and Bob Corker. It will now be sent to President Obama to be signed into law.

Whitfield has been an early and frequent opponent of the Corps’ plan to permanently restrict fishing in the tailwaters along Cumberland River dams. Below is a timeline of Whitfield’s work on this issue.
Title: Re: COE and the right to access our Tailwaters.
Post by: icthus on May 21, 2013, 06:00:26 PM
From Doug
WHITFIELD ANNOUNCES HOUSE PASSAGE OF ‘FREEDOM TO FISH ACT’

Doug Note: Short release from KY Representative Ed Whitfield's office. Thanks very much congressman for ALL of your VERY HARD work on this issue. Kentucky is lucky to have you.

WASHINGTON, D.C. – U.S. Rep. Ed Whitfield (KY-01), Chairman of the House Subcommittee on Energy and Power, today announced that his legislation, The Freedom to Fish Act, unanimously passed the House of Representatives. The legislation will place a two-year moratorium of the Army Corps of Engineer’s plan to erect barriers along the Cumberland River in Kentucky and Tennessee.

“I am pleased that we were able halt the Corps’ overreaching plan to take away some of the best fishing in Kentucky,” stated Whitfield. “The Corps has tried rushing through with their plan to implement permanent restrictions without providing any information on their rationale for doing so. With the passage of this legislation we can now work toward a solution that doesn’t take away one of Kentucky’s favorite pastimes – fishing.”

The Freedom to Fish Act, which was introduced by Tennessee Senator Lamar Alexander, is co-sponsored by Senators Mitch McConnell, Rand Paul and Bob Corker. It will now be sent to President Obama to be signed into law.

Whitfield has been an early and frequent opponent of the Corps’ plan to permanently restrict fishing in the tailwaters along Cumberland River dams. Below is a timeline of Whitfield’s work on this issue.


And we are now F*&$ed.

Awesome---I heard though..if you dont work, dont pay taxes, get free health care, a free phone, a free bus ride to the voting station with all you can eat hoho's you can fish below the dam inside the barrels.  I love gov't..... thinking of which---I forgot to thank them for doing such a great job...here is $2,000.00 more for your wonderful efforts.  27 more years and this cat will be off the grid.


PAL
Title: Re: COE and the right to access our Tailwaters.
Post by: DSchlact on June 03, 2013, 03:18:19 PM
I saw this posted on another forum and thought I would update here.  President Obama signed the Freedom to Fish Act into law today...good news for now.  My understanding is that this buys us 2 years while they get some compromise worked out.  Keep being vocal about this issue to ensure that the compromise is something we have a voice in...
Title: Re: COE and the right to access our Tailwaters.
Post by: icthus on July 05, 2013, 10:22:56 PM
Perfect, he remembered how to spell his name.  I am just kidding, Obama is a compelling individual I just dont believe he could take the red face challenge. 

Here is an example...President Obaman---Do you believe you are causing socialism in the US?

President Obama--No, Healthcare Blah Blah Blah etc....

9 years ago I had to find a way to pay for healthcare even though I didnt have a job.  You know how I paid for it? I got on a lawn mower and mowed.  I knocked on doors and started my own business and had 23 yards.  I f&**ing worked to pay for bluecross blue shield insurance.  I pounded the salt to ensure my wife and I ate and had insurance.  I am not saying Walmart screws people, but at the end of the day we have the right to work and make money and figure out how we are going to make it w/o out having a hand out.  With all that being said, there are exceptions which I care not to type.

$3.18 for gas,
Pal