Outfitters urge legislators to protect Georgia’s outdoor recreation economy

Outdoor recreation businesses urge legislators to protect Georgia’s robust outdoor recreation economy by supporting laws that ensure broad public access to Georgia’s more than 70,000 miles of rivers and streams

ATHENS, GA, November 7, 2024 –A group of some 60 river outfitters and outdoor recreation professionals has asked Georgia legislators to protect their small businesses and Georgia’s outdoor recreation economy by adopting an expansive view of where the public should have the right to boat on Georgia’s streams and rivers. 

In a letter to the House Study Committee on Navigable Streams, the group urged legislators to “keep Georgia a top place to do business and a top place to visit by supporting broad public access to the state’s rivers and streams, including those small streams upon which our businesses are based.” 

The study committee, which meets Nov. 13 in Newnan, is charged with determining where Georgians should have the right to boat, fish and hunt on the state’s waterways. The study committee was prompted by legislation introduced during this year’s General Assembly session that would have led to numerous streams where outfitters currently operate being put at risk of being closed to the public. 

HB 1397, which was introduced by Rep. James Burchett (R-Waycross), would have deemed portions of the Chattahoochee and Cartecay rivers as well as Ebenezer, Big Cedar, South Chickamauga and West Chickamauga creeks as “non-navigable.” All of those streams support thriving small businesses that run canoe, kayak, tube and rafting trips. The “non-navigable” designation could embolden riparian property owners along those streams to assert ownership of the streambed and restrict public access. 

That worries Kayak Ringgold co-owner Julie Phy, one of the outfitters who signed on to the letter. Kayak Ringgold has provided services to visitors from 30 different states and annually floats about 1600 people down South Chickamauga Creek. They estimate their customers inject some $400,000 into the local economy during their four-month floating season near the Georgia-Tennessee state line. If access to their creek in Georgia is closed, Phy says they’ll move their business out of state. 

“Our business plan would be to move to Tennessee which is going to take jobs and revenue away from Georgia,” she said. “But other outfitters elsewhere in the state don’t have that luxury.”

If legislators adopt a narrow view of where Georgians have the right to boat—as proposed in HB 1397—such policy could put at risk more than 65 percent of the floatable streams in Georgia, according to an analysis by Georgia Canoeing and Kayaking guidebook author Suzanne Welander. An analysis by Georgia Rivers showed that HB 1397 would guarantee the public’s right to boat, fish and hunt on just 5 percent of Georgia’s 70,000 miles of streams. 

George Virgo, general manager for the Nantahala Outdoor Center’s (NOC) Chattahoochee operations which runs trips on the Cartecay River in Gilmer County as well as the Chattahoochee in Atlanta, considers such restrictive policy as an existential threat to the survival of small business outfitters. 

“For this to even be in question is hurtful to outdoor recreation businesses,” he said. “Our recommendation is to look at neighboring states like North Carolina and South Carolina. They’ve done a good job of making sure access is available to all kinds of watercrafts.” 

In those states, where NOC also operates, state laws guarantee citizens the right to boat down any stream capable of floating small recreational vessels like canoes and kayaks. 

Some Georgia legislators, citing the state’s 1863 definition of a “navigable stream” and court rulings from the 1990s, have thus far adopted an opposing and much more restrictive view. 

“In a navigable water you have the right to hunt, fish and pass. You can float in a non-navigable water if you have permission from the landowner,” said Rep. Burchett at a recent Navigable Stream Study Committee meeting. Some legislators have even asserted that to float down small streams like South Chickamauga Creek or the Cartecay River, kayakers should first seek permission from every landowner along those waterways. 

A coalition of river recreation groups, however, contends that the right to float down all Georgia streams capable of floating even small boats has been part of Georgia’s law since the 1700s and remains in place today. 

“The right of common passage is firmly grounded in Georgia law and has governed the public use of waterways since prior to statehood,” said Georgia Rivers Executive Director Rena Ann Peck in an earlier letter to the study committee. “Georgia’s rivers and streams served as the state’s first public highways and unfettered passage down them was critical to all citizens. Today, recreational use of these rivers and streams remain equally important to our state’s growth and economic development.”

The Freedom to Float Coalition, consisting of Georgia Canoeing Association, Georgia Rivers, the Tennessee Valley Canoe Club, American Whitewater and American Canoe Association, is urging the committee to reaffirm historic boating rights on the state’s streams to fuel the state’s outdoor recreation and tourism economy. 

In 2023, the state welcomed a record 171 million visitors. Those visitors generated $79.7 billion in total economic impact and supported more than 430,000 jobs. In 2022, outdoor recreation accounted for 2.1 percent of the Georgia’s gross domestic product; boating and fishing alone generated $1.1 billion in economic activity. Some 70 small businesses offering canoe, kayak, tube, raft and paddleboard rentals, and hundreds of independent fishing guides depend on access to the state’s network of rivers and streams. Additionally, three Georgia-based companies manufacture kayaks. Streams suitable for boating in small recreation watercrafts can be found in 96 percent of Georgia’s 159 counties. 

The House Study Committee on Navigable Streams will host a meeting Nov. 13 at the Donald W. Nixon Centre for Performing and Visual Arts in Newnan. The meeting is set to begin at 9 a.m.. The public will have the opportunity to provide testimony to the committee after lunch, according to the agenda published on the House of Representatives website. The committee is expected to finalize its recommendations to the full General Assembly by Dec. 1. 

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The Freedom to Float Coalition

Georgia Rivers, formerly known as Georgia River Network, is a statewide non-profit river advocacy group with the mission to connect people with and protect Georgia’s rivers. GR is GA DNR’s non-profit river recreation partner coordinating the statewide water trails program and created the Georgia River Guide free mobile app. 

American Whitewater is a national non-profit river conservation organization with the mission to protect and restore America’s whitewater rivers and to enhance opportunities to enjoy them safely. 

American Canoe Association is a national non-profit organization that serves the broader paddling public by providing educational programs, supporting stewardship initiatives that affect paddlers and offering competition opportunities for athletes of all abilities. 

Georgia Canoeing Association is a non-profit organization that promotes public river access, boating safety and canoeing and kayaking opportunities across the state. 

Tennessee Valley Canoe Club is a 501(c)(7) organization based in Chattanooga/North Georgia that brings together a diverse population of people who are interested in canoeing, kayaking, and related activities; to increase the knowledge, safety, and appreciation of paddle sports; and to support conservation and preservation of recreational waterways.

For more information contact:

Julie Phy, 706-897-2969, KayakRinggold@gmail.com 

George Virgo, 828-488-7250, George.virgo@noc.com 

Joe Cook, Georgia River Network, 706-409-0128, joe@garivers.org