Provides for an affirmative defense to the crime of trespass when engaged in commercial trespass. (8/1/20)
The bill directly modifies the criminal definition of trespass as it pertains to commercial fishing. By defining 'navigable in fact' waters, which are considered as highways for commerce, the legislation aims to clarify where commercial fishers are permitted to operate without the risk of prosecution. This change fosters a more favorable legal environment for those in the fishing industry, recognizing the fluid nature of commercial fishing practices and the importance of accessibility to navigable waterways for economic activities.
Senate Bill 479, introduced by Senator Fred Mills, seeks to amend existing trespass laws in Louisiana by establishing an affirmative defense for individuals engaged in commercial fishing activities on navigable waters. Under the proposed law, individuals who inadvertently enter onto private properties while engaged in commercial fishing may defend themselves against trespass charges by demonstrating that they were in navigable waters used for commerce. The intent of SB 479 is to safeguard commercial fishers from legal repercussions while they are conducting their trade in traditional fishing environments.
The sentiment regarding SB 479 appears to be largely supportive among stakeholders in the commercial fishing community. Supporters argue that the bill is essential for protecting the rights of fishers and ensuring they can operate freely without the threat of trespassing claims. However, there may also be concerns from private property owners who fear that the clarification of the law could lead to increased trespassing incidents, which would not favorably impact their property rights.
Notable points of contention surrounding this bill may arise from the balance between property rights and the rights of individuals engaged in commercial fishing. While supporters advocate for the necessity of protecting fishers, opponents may argue that the bill could encourage unauthorized access to private lands. The definition of 'navigable waters' and the specifics of how rights and responsibilities are delineated will likely be central to the debate as the bill progresses through the legislative process.