What’s happening?

Georgia's rivers and streams, home to a thriving fly and trout fishing industry, are at a crossroads. Georgia lawmakers have proposed HB 1172, which seeks to define the rights of Georgians to boat, fish, and hunt on navigable streams. We here at Trout Town Outfitters believe that while this move from GA lawmakers is well-intentioned, HB1172 bill stops short of protecting smaller streams that are crucial for recreational fishing and paddling in the Peach State.

This oversight threatens access to hundreds of miles of waterways, leaving them vulnerable to closure by riparian property owners. Such exclusions could severely impact our state's vibrant outdoor recreation economy and alter access on rivers like the Toccoa, which supports countless small businesses and fishing guides.

How did we get here?

The heart of the issue lies in Georgia's outdated 1863 definition of "navigability," which restricts public access to streams capable of carrying boats loaded with freight. This definition has historically allowed property owners to deny access to streams deemed ‘non-navigable,’ despite a Georgia Supreme Court ruling from 1849 affirming the public's easement for passage on all streams capable of supporting such travel. Left as-is, HB 1172 could complicate floating and fishing on a large number of GA’s waterways.

What can we do?

To address this, Trout Town Outfitters, in partnership with countless river guides and small businesses that rely on the river urge an amendment to HB 1172. We would like to see an amendment that recognizes an easement for the passage of boats on all Georgia streams capable of supporting passage, reflecting common law. This crucial update would not only align Georgia with neighboring states like South Carolina, North Carolina, and Tennessee but also bolster our $1 billion boating and fishing economy. It's important to note that this amendment would:

• Protect the rights of passage for boaters without altering the current definition of navigable streams.

• Support over 70 small business outfitters and thousands of fishing guides without granting fishing or hunting rights on non-navigable streams.

• Ensure that property rights to the centerline of non-navigable streams remain with the owners, prohibiting any form of trespass.

This legislative tweak is about preserving a tradition that goes beyond mere recreation; it's about safeguarding our heritage and the natural beauty that draws both locals and visitors to our waters. It's not an expansion of rights but a clarification to prevent the gradual loss of access that has plagued our state's rivers and streams.

Your voice matters in this pivotal moment. Contact your legislators today and advocate for an amendment to HB 1172 that ensures every Georgian and visitor can continue to enjoy the simple pleasure of floating down a river, fly fishing in serene waters, and exploring the great outdoors. Let's unite to protect our freedom to float, for today and generations to come.