Issues with Clauses and Wording: Sunrise-Sunset and Safety

 – A discussion and clarification of language included in the Bill –

SUNRISE TO SUNSET?

The bays, rivers, streams and creeks within the Commonwealth, excluding legal and permanent impoundments and tidal waters, shall be open to navigation for purposes of recreation in non-motorized vessels between sunrise and sunset.

The bill specifies the hours of legally protected access to eliminate the worries of private landowners who may fear nighttime intrusion of a paddler. For paddlers who may fear the overreach of a landowner, the bill does not outlaw all other times by specifying one period: the positive designation of hours does not imply prohibition of the unmentioned hours. As one paddler explains (not verbatim, but the gist):

Suppose the General Assembly were to pass a bill that says “The Shenandoah Park shall be open on Christmas Day.” That bill would not close the Park for the other 364 days, and it would not restrict the open hours of all other state departments and facilities.

Thus, the bill is a positive guarantee, not a cancellation.

For Your Consideration: Clarifications and Arguments

SOME CLARIFICATIONS REGARDING THE BILL

1. The bill requires no state spending. It does not ask or mandate the state to provide access to the waterways.
2. The bill clarifies that waters under state jurisdiction are legally navigable.
3. The bill does not grant any boater the right to trespass on privately owned land.
4. This bill does not seek the property rights of any private landowner.