HB 391 Original 2018 Regular Session Pearson
Abstract: Provides for the public navigation of running waters, including those running waters passing over any privately owned water bottom directly connected to a state-owned waterbottom that is subject to the ebb and flow of the tide.
http://www.legis.la.gov/legis/ViewDo...aspx?d=1071594


Sorry guys, aint no new fishing grounds going to open up with this bill. You can drive through it, but dont stop to fish

Proposed law provides that no person may prohibit the public navigation of running waters which
are navigable by a motorboat required to be registered or numbered pursuant to the laws of this state
or the U.S., except where navigation has been prevented or impeded by an obstacle constructed by
the landowner prior to March 2, 2018.

No old gates coming down, if its gated up, still going to be gated up

Maybe I navigate with a trolling motor. As long as my boat is moving I'm navigating. And while I'm navigating I can surely fish for our public resource.

Did any of u know or care about your hunting and fishing license in going up? Does anyone of you know your saltwater license is going up to $13.50... But get this.. For $13.50 you can also tong for oysters and troll for shrimp... don?t know about u all... But adding tonging and trolling to my saltwater license is a little cra cra... I?m totally against this license fee increase on that alone... I?m all for helping to get more money to WLF to help run the department...

I think my biggest question is why do all landowners ( mostly oil companies) not want people fishing the waters on their land? What does it hurt? If its about liability then that can be addressed in simple legislation. Couldn?t it? Meaning ?fish at your own risk?.

We tear stuff up and trash places down here unfortunately. Go to a public launch or public fishing spot and look at the trash that people leave behind.

Also liability. People are sue happy. Every other billboard in Louisiana is a lawyer advertisment

its sad, but it is what it is

Saltwater already $13.50, but freshwater will be giong up
http://www.wlf.louisiana.gov/PriceofParadise

Even with all the increases, we will still be the cheapest licenses of any of our neighboring states. Its been a long time coming, dont see anything wrong with it

I agree with you, but unless wording is put in there for fishing, its a dead duck

Ol boy in NE LA already set the precedent. MS River came up several years ago and you could boat into Gassoway Lake (private landlocked lake full of big fish near the MS River). Guy went in there fishing and got arrested several times claiming it navigable waters and the Public Trust Doctrine. Judge said navigable doesn't mean you can fish it. The rules were put there in place for people traveling up and down the river way back when. They were allowed to tie up and dry their nets, but fishing over private water bottoms was never specified.

Something needs to change for sure, and this movement is needed, but this bill is not addressing what needs addressing.

I totally agree with Duck Butter Bill 391 has wording in that does not help us, fishermen, to have access to fish private canals.. Period...

Man, expect nothing less from good ole Louisiana. Duck Butter is correct, this law was created for flooded river basins, not tidal areas.

My guess is that they are trying to slip this bill in without anyone reading it.

I'm not a land owner, but I don't know as I agree with this for several reasons. I want a legitimate answer to these questions if you decide to respond.

What is the definition of tidal or navigable water?

Why should land owners pay taxes on property that is only accessible by a canal or mud boat trail that they paid to have dug, through LAND, on their property, and why should the general public all of a sudden be allowed access to that?

Natural bayous and rivers that have been around forever are one thing, and I understand that, but pieces of marsh that have land-locked ponds are another thing. Just because someone may want to access their property through means of digging their own trails should not mean the general public can access them as well.

Fishing is one thing, and I'm not so worried about it. Duck hunting is a whole other issue. I think this bill deals mostly with fishing rights, but there is going to be tons of people who think they can go duck hunt any marsh they want now, IF this bill passes. If I buy a piece of property and build a driveway onto it off of a major highway, that doesn't mean the general public can have free use of my land. This should be no different with marshes.

This is going to lead to a lot of chaos, and I think it will only hurt the public. Landowners, and I would too, are going to levee off and build weirs/put up gates to their properties.

If all marsh land is free to use as pleased by the public, then there is absolutely zero value on marsh property. Why buy it when you can do as you please for free?

Bill has ZERO to do with land.

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You shouldn?t have access to fish ?private? canals, period. Especially, as Noodle said, if it was dug to get through a landowner?s marsh. How is that even a thought? Cause the fish are ?public?? C?mon man. The marsh I hunt/fish in is privately owned. I?m fortunate to have a lease in there. Our neighboring marsh is owned by an individual that bought this chunk a few years back, and people around here know of how good the fishing is in there. Well, he put a gate up. Do I blame him? No! He owns this stuff. It?s going to pose problems in the future. Hell, it does now!

Let's say I propose a similar bill with land. Two public WMAs are on either side of some private land. Let's say it's your land. Private land smack dab in middle A pipeline company puts s pipeline in the middle of your land and it
goes through both WMAs.

You gonna let the public ride down that pipeline to get to the WMA?

You gonna let them deer hunt the pipeline? After all, it's a public resource

Or are you gonna put up a big gate at each access point

When/If that time comes we can have that discussion. THIS BILL HAS NOTHING TO DO WITH LAND.

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Try and fence in said property and see what WLF does with their deer on your property. If you want to gate off your marsh then have at it. Just require that the gate doesn't allow fish to travel from public waters onto/from your property. Just like a game fence.

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It absolutely does. People dig on their LAND in order to access pices of their own marsh. In cases like this, that water where they dug is only there because they dug a canal or trailer on their property, that at one point was land.

Lets go further. Do you believe that is tidal or navigable too, even thouhh it is not a natural waterway? I'm guessing you will answer yes.

Then gate it off so my fish(public) can't go on your property.

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If water ebbs and flows with the tide it is tidal. If you dig a canal on your land and connect it to tidal waters ,it becomes a tidal waterway.
I have been fighting this battle for many years and yesterday at the capitol we got a bill passed through committee that is amended to say that you can not touch any land including the water bottoms you can not destroy or damage any vegetation . You can not damage the banks of anyones property. And the posted areas will be closed during waterfowl season. we understood the people that pay for leases to hunt didn't want anyone pulling up into there pond while they are in the blind. Like i said this fight has been going on for years and really gained traction in the last 18 months. For those that complain about the bill: I didn't see you at the capital lobbying the legislatures, i never heard from you in any discussion with Lasc. This bill was not filed by Lasc matter of fact we didn't even know about it until it was filed. The original bill had nothing in it for duck hunters or land owners . It was we want tidal waters open ,all of it all the time. Lasc discussed this for a few weeks on line and on FB with anyone that had an opinion and then sat down with the author and sponsor of the bill to make amendments to give some relief to the duck hunters and lessee. Is it Perfect ? Hell No . But it's what we have to work with. will it make it all the way through ? who knows . but i have been spending Hours upon Hours every day working towards this and i'm not going to stop now.

I don't own any land, but IF this thing passes, you better believe gates will be all over the place.