An annual dive into the cold water of the James River was met with a cold shoulder. The Scottsville Polar Bear Club was forced to cancel its New Year’s Day plunge after being told by the Virginia Department of Game and Inland Fisheries that they faced prosecution if they entered the water without a special use permit.

Since 2003, the group has met every New Year’s Day at the public boating ramp on Ferry Street to take a dip in the water. Preparations for the 2012 plunge were going smoothly until event organizer Mike Marshall was contacted by Sgt. Ferguson of the VDGIF’s law enforcement.

“He said that we could do the plunge, but had to have a permit. The permit is free except for the amounts of insurance,” Marshall said. “Then when I called the lady in Richmond, she said that we had to hurry [because] it was pushing for time. We did not have the funds that we could get insurance with.”

According to the application for the special use permit, which was revised this past September, the permitee is required to purchase two insurance policies. The first policy, worth $1 million, is to cover bodily harm or death. The second policy, with a limit of $100, 000 is to cover any property damage that may occur.

“When I started reading the way the law reads, is when I found that the permit form had been revised. No one knew this,” said Marshall. According to him, boating and fishing are the only activities allowed without a special use permit.

Marshall saw this as a loophole in the law and decided to dive into the water with a fishing pole. He was the only person to go in the river. 

“I have a valid fishing license and proper fishing gear. A boat is not required to fish in the James. Not yet, anyway,” he said.

This revised policy is causing some confusion as to what exactly requires a special use permit. In warmer weather, people will often take a picnic lunch to the boat ramp and eat along the river bank. Some residents walk their dogs on the property or simply go there to enjoy the scenery.

The river tubers are another area of concern for Marshall. He believes that tubing is considered swimming and, therefore, would require a special use permit unless they can enter and exit the river on private property. In the long run, this could hurt the tourism business in town. 

“I feel [it] will hurt the Town of Scottsville because tubing ain’t free no more,” Marshall said.

Scottsville District Supervisor Christopher Dumler wished the VDGIF and Polar Bears could’ve worked together to reach a compromise, but he could see why the department would require a permit.

“It’s a little disappointing. I certainly understand where they are coming from. There’s definitely a safety issue,” he said. Dumler considers the yearly plunge one of the little things that makes Scottsville unique.

Though Marshall was disappointed with how events played out, he doesn’t blame anyone in Scottsville. 

“I am not pointing a finger at anyone in the town ... because the issues are going to affect everyone here,” he said.

Marshall and his fellow Polar Bear members don’t plan on letting this obstacle stand in their way. He said, “We will be back and fully armed with the correct permit and insurance, along with a lot of plungers. For a million dollars, I want to get my money’s worth.”