State lawmakers have approved a bill which states that Louisiana Department of Wildlife and Fisheries (LDWF) enforcement agents will no longer be able to randomly stop and board boats in Louisiana waters without reasonable suspicion of a crime.
House Bill 756, now known as Act 84, was sponsored by State Rep. Bryan Fontenot and signed into law by Gov. Jeff Landry. It received unanimous support from both chambers of the legislature and support from the LDWF. The law goes into effect on Aug. 1.
No more random stops
During the introduction of his bill to the state legislature, Fontenot said that he seeks to remedy an issue that is probably long overdue.
“For years, I have taken these complaints, since I have been here, that people have been stopped and stopped multiple times by Wildlife and Fisheries agents under their ability to board a vessel and conduct a vessel stop without any violation of the law,” he said.
Fontenot said he believes that was a clear violation of our Fourth Amendment rights.
“I am glad to say after working with the secretary and the legal staff at the Wildlife and Fisheries, that this bill would move into a posture exactly like law enforcements professionals,” he said. “That before a wildlife official can stop your vehicle, there must be reasonable suspicion that a crime has occurred or is about to occur.” 
Cole Garrett, legal council for the LDWF, said that this was something the department worked on with Rep. Fontenot.
“This kind of models what Florida and South Carolina have done with their boating inspections,” he said. “That we make sure we’ve got reasonable suspicion if a violation is occurring before we make a stop or have a discussion with the boater.”
This law replaces the one adopted in 1984 that allowed state Wildlife and Fisheries agents to randomly stop and board boats without specific cause.
Safety violations
Capt. Jason Russo, Louisiana’s Boating Law Administrator, explained how the new law may affect an enforcement agent’s ability to conduct boat stops with fishermen and hunters.
“This bill was created to balance boater safety with boater freedom,” he said. “It stops random safety inspections. It replaces them with stops as it relates to boater safety, when agents see specific, articulable facts that indicate a potential violation before stopping a vessel. It will ensure that vessel stops are focused, safety driven, and legally consistent with modern expectations.”
Russo said this bill does not remove the agent’s ability to do license and game bag checks if they believe that an individual is actively involved in, has been or will be fishing or hunting.
Russo also believes this law could lead to a safer and more knowledgable boating public.
“Because this will be a more targeted stop instead of a random stop, the immediate safety violations will be addressed, educating the boater by explaining why the action they did was a safety violation,” he said. “Boaters gain clearer, more predictable interactions with enforcement. Now they will come away from this encounter more knowledgeable and safety conscious.”
Russo said the LDWF is currently placing a lot of emphasis on boater education in hopes that the public will become more aware of the current boating rules.
You can find out more at https://www.wlf.louisiana.gov/page/boating-regulations.
