State Weighs In On Flint River Access Controversy

A conflict has brewed for more than 40 years between landowners of riverfront property on the Flint at Yellow Jacket Shoals and anglers who wade the beautiful area to fish for shoal bass. 

In the 1980s, a No Fishing sign was erected at the shoals, but it was not an edict ever enforced by DNR rangers or local law enforcement. Now, new signs posted in the area say fishing is allowed by permit only. 

But DNR Law Enforcement won’t be writing tickets, at least for now. The state is treating that stretch of the Flint River as it always has and how it treats other rivers across the state—as a navigable waterway that is open to public use and fishing. 

“Landowners along a navigable stream own to the low water mark. The area in question (Yellow Jacket Shoals) is believed to be navigable,” said Col. Thomas Barnard, Chief of the DNR Law Enforcement Division. “We ask that anglers and boaters respect the signage and remain in the river channel below the low water mark. If a person steps onto dry land that is privately owned, they must have permission from the landowner to be on their property.”

Anglers walking up and down the riverbank to access areas or kayakers portaging around low-water shoals has long been a contentious issue for landowners. But anglers simply wading and fishing in the shoals has also been an issue for landowners who consider this stretch as non-navigable and private.

In 2020, rifle shots were fired near a family in canoes. Charges were filed against Sam Brewton III, and in Upson Superior Court he received a 40-year sentence—10 years to serve in prison and 30 years probation, plus a lifetime banishment from the Griffin Judicial Circuit. A news report said that during sentencing the judge told Brewton he was 5 feet from a murder charge. 

Public access to Yellow Jacket Shoals is far from a settled matter. Principles in the effort to restrict access reportedly include attorneys, a judge and a prominent Upson County family. There are serious concerns that if a court case or the state legislature gets involved in this local issue, it could affect access to other rivers in Georgia.  

The most recent court precedent in Georgia sided with public access. That 1997 case involved a lawsuit filed by the Atlanta School of Kayaking against Douglas County, which contended the Dog River was non-navigable and therefore the county had the right to restrict access. A judge disagreed. Among the findings, the judge said, “The Dog River at some points apparently has rapids, rocks and shifting currents. These attributes do not prevent a finding of navigability.”  

If the Yellow Jacket Shoals issue wasn’t complex enough, a letter in opposition to closing public access to the area was co-signed by Gordon Rogers, Executive Director of the Flint Riverkeeper. Gordon’s son, Quint Rogers, is one of the state’s most respected fly-fishing guides and reportedly has secured a lease to fish clients in the area where signs say that fishing is allowed by permit only. GON attempted unsuccessfully to contact Quint Rogers for comment. 

Another co-signer of the letter was Georgia Wildlife Federation President and CEO Mike Worley. 

“This issue is critically important to the fishing community and the broader outdoor community, as well,” Mike said. “We also recognize the fundamental right of private owners to protect, preserve and control their property. This issue isn’t as simple as it appears at first glance. We are still awaiting legal reviews, which in some aspects go back over 100 years. 

“There are many directions and venues that might apply as we engage on this issue, but be assured GWF will stay engaged, and we will do our best to balance all of our commitments. We believe, fundamentally, that anglers should have access to the very resources for which they pay… this is the foundation of our North American Model of Wildlife Conservation that has served us so well and makes us the envy of many around the world.”