Sources: Louisiana Statutes Annotated, 1987, Titles 36 and 56; 1992 Cumulative Annual Pocket Part.
STATE WILDLIFE POLICY
Ownership and title to wild birds, wild quadrupeds, fish and other aquatic life, the beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets bordering on or connecting with the Gulf of Mexico within the state, including oysters, shellfish and parts grown thereon, either naturally or cultivated, are and remain the property and in the title of the state, and shall be under the exclusive control of the Wildlife and Fisheries Commission except as provided and for the purpose of regulating and controlling the use and disposition thereof (56:3).
The Legislature finds: that it is the policy of this state to conserve wildlife for human enjoyment and scientific purposes, and to insure their perpetuation; that wildlife found to be threatened or endangered should be accorded protection to enhance their numbers; the state should assist in protection of threatened or endangered species pursuant to the Federal Endangered Species Act, as concurred in by the Commission, by prohibiting or regulating their taking, possession, transportation, exportation, processing, sale or offer for sale or shipment. Exceptions may be permitted for enhancing conservation. Funding for conservation may be made available to the Department by appropriations. Other sources may be utilized, and the Department may enter into agreements with the US, issue and promote the sale of endangered species stamps or utilize methods appropriate to accomplish this Part (56:1901).
PROTECTED SPECIES OF WILDLIFE
The Commission may prohibit taking any species of fish for not more than three years (56:22).
The Department is authorized to conserve resident species of wildlife, and state or federal threatened or endangered species, and to formulate conservation programs for review by the Secretary of Interior. The Department is authorized to conduct investigations relating to populations, distribution, habitat needs, limiting factors and other biological, economic, and ecological data to determine conservation measures necessary for wildlife to sustain themselves successfully. The Commission may issue regulations to assist the continued ability of wildlife to perpetuate themselves. The Commission may establish programs, including acquisition of land or aquatic habitat or interests therein, for conservation of threatened or endangered species (56:1903). A species determined by the Secretary to be endangered or threatened pursuant to the Federal Endangered Species Act shall be deemed to be endangered or threatened under the provisions of this Part. In addition, the Commission may determine whether any species in this state is endangered or threatened because of any of the following: the present or threatened destruction, modification or curtailment of its habitat or range; overutilization; disease or predation; inadequacy of existing regulatory mechanisms; other natural or man-made factors. The Secretary may make determinations based on the best scientific, commercial, and other data available after consultation with federal or state agencies, other states, and interested persons and organizations. The Secretary may not add nor remove species unless the Secretary has first published a notice and allowed at least 30 days for comment. Where an emergency exists involving the existence of such species as a viable component of the state's wildlife, the Department may add the species if it has published a public notice of the emergency situation (56:1904).
In determining whether a species is endangered or threatened, the Department shall take into consideration those actions carried out by the federal government, other states, other state agencies or political subdivisions, or by any other person. The Commission may issue a list of all endangered or threatened species, and over the portion of range it is so declared. Except with respect to the Federal Endangered Species Act, the Commission may conduct a review of listed or unlisted species proposed to be removed from or added to the lists, but only if it publishes a public notice that substantial evidence warrants a review. If a species is listed, the Commission shall issue regulations to provide for its conservation. With respect to any endangered species, except as provided, it is unlawful to: export or take such species; possess, process, sell or offer for sale, deliver, carry, transport or ship such species; violate a regulation adopted pursuant to this section provided that an endangered species which enters and is being transported beyond this state may do so without restriction under federal or other state permit. The Department may issue permits for any act otherwise prohibited for scientific purposes, regulated taking, or to enhance the propagation or survival of the affected species. Any law, regulation or ordinance of a state political subdivision is void to the extent that it may not permit what is prohibited, or prohibit what is authorized pursuant to an exemption or permit by this Part. This Part shall not be construed to void any law, regulation or ordinance of any state political subdivision intended to conserve wildlife (56:1904). These provisions shall not: apply retroactively; prohibit lawful importation of wildlife into the US; apply to wildlife lawfully taken and removed from another state; prohibit lawful entry into this state, or possession, transportation, exportation, processing, sale or offer for sale or shipment of wildlife endangered or threatened in this state but not in the state where taken it was lawfully taken and removed. This section does not apply to species listed pursuant to the Federal Endangered Species Act, except as permitted (56:1905). Violation of provisions regarding processing, delivery, carrying, transportation or shipment of threatened or endangered species is a class four violation. Failure to procure a permit or violation of permit terms is a class six violation (56:1907).
HABITAT PROTECTION
The Commission may contract with a private landowner for use of lands for at least 25 years for establishing wildlife management areas, and may agree that the lands shall be relieved of state, parish, and district taxes (56:24). The Commission may establish, maintain, and manage any state wildlife management area, wildlife refuge, public hunting ground, or outdoor recreation area. With the Governor's approval, it may lease, buy, or accept donation of lands and establish, maintain, and operate them. The public shall be notified by publication of a proclamation by the Governor. The Commission shall cause signs to be placed along the boundaries and at roads and entrances. The Commission shall be the sole authority and establish rules and regulations for propagation, protection and harvesting of all wildlife species, existing, propagated or released upon wildlife management areas, wildlife refuges, public hunting grounds or outdoor recreation areas. No person knowingly shall take, attempt to take, disturb, or destroy a wild bird or wild quadruped, or its nest, egg, or young on wildlife management areas and wildlife refuges, or possess or keep while on the lands, any firearm, trap, snare, or other device capable of taking or disturbing the birds or quadrupeds, unless authorized by permit. The Department shall direct the owner or operator of a Deer Management Assistance Program area to post signs. No person knowingly shall take, attempt to take, disturb, or destroy a wild bird or wild quadruped, or its nest, egg, or young on land so designated, or possess or keep, a device capable of taking or disturbing birds or quadrupeds, unless authorized by a permit from the owner (56:109 and :110).
The cooperative environmental action program to save wildlife cover and provide abundant game for future generations is "Louisiana Acres for Wildlife." Its purpose is to supplement the Commission's efforts to protect, conserve, and foster wild birds and game in wildlife management areas, refuges and recreation areas through sound wildlife management practices by providing recommendations to private landowners or lessees producing and maintaining suitable food, water, and cover conditions to support, replenish, and propagate wildlife. The Secretary shall employ personnel funded by the Legislature to carry out this program. Biologists shall administer Louisiana Acres for Wildlife by supplying assistance to qualified landowners or lessees to improve habitat. This assistance may include providing seed packages and plant bundles for planting and instruction and wildlife habitat evaluation surveys, and material to guarantee that certain land be utilized for wildlife habitats. The program shall use its resources to: instruct and train qualified personnel to administer the program; supply personnel, farmers, landowners, lessees, and cooperating agencies with information about management techniques and applications; prepare wildlife management recommendations; develop a close working relationship with other agencies having similar programs. Participants shall have at least one acre of land utilized as farmland, wetland, woodland, or pasture. This program is voluntary, and participants shall agree that plots shall be maintained and management practices continue for at least one year. Land where wildlife management has already been implemented is ineligible. Qualification for participation shall be determined by rules and regulations (56:191 through :193).
The Commission independently, or jointly with a parish game and fish commission, may set aside suitable locations in waters and operate and maintain hatcheries, sanctuaries, and propagating places for maintaining and restocking fish. Such areas shall be closed zones, fishing shall be restricted, and the Commission may purchase lands, build dams, expropriate property and do anything necessary to carry out these provisions (56:315). The Commission independently, or jointly with a parish game and fish commission, may construct or place fish ladders in lakes subject to Department of Public Works approval (56:315.1). The Secretary shall build, operate, and maintain fish hatcheries and may expropriate by law lands lying adjacent to Department owned or controlled property. (56:581). The Secretary shall distribute hatchery fish to all suitable sections of the state (56:582). A biologic station for the investigation of problems affecting Louisiana fish and fisheries is created on the Gulf coast [details are provided in 56:612 and 56:613] (56:611).
For its use, the Commission may acquire property by purchase, gift, expropriation, or otherwise. It may prescribe methods for taking wildlife and fix seasons and bag limits or close seasons on a species to assure an adequate supply of wildlife (56:702). The state may enter into cooperative agreements with the US [details provided] (56:703 and 56:711 through 56:741). A parish may establish, maintain, and operate game and fish preserves. The parish may appoint a game and fish commission composed of three citizens and taxpayers of the parish. The parish commission may: make rules and regulations for the government, regulation, and control of the preserve; provide open and closed seasons; let the right to seine or net non-game fish under rules and regulations and charge therefor; conserve, protect, and propagate game and fish in the preserve. Levee boards and school boards owning land in the bed of nonnavigable streams, which are annually overflowed, may sell the lands to establish a preserve. The governing authority of a parish may build dikes or dams, dig canals, or excavate lake or stream beds to create and establish such preserves, and may appropriate and expend necessary money (56:721 through :724). [Details of parish preserves are provided in 56:725 through 56:728.]
Vacant and unappropriated public lands belonging to the state on or after December 9, 1921, are perpetually dedicated as game preserves and public hunting grounds. The Commissioner shall adopt rules and regulations controlling such an area. No person shall trap, hunt, or fish on the preserve except under Commission rules and regulations. Violators of this Subpart or its rules and regulations, for each offense, shall pay the cost of prosecution and a fine of $25-500, or be jailed for 10-180 days, or both (56:751 through :754). Except in accordance with rules and regulations, no person shall kill, snare, pursue with intent to kill, take, or possess a wild animal or bird upon a state wildlife refuge, wildlife management area, or public hunting ground. Each killing or pursuing is a separate offense. This section does not prohibit the Secretary from killing noxious animals on lands under the Secretary's supervision, or from catching or snaring wild animals or birds for propagation, restocking, or scientific investigation. No person shall catch, kill, snare, or pursue a wild animal or bird imported by the federal government, or authorized Commission agent, for experimentation or propagation. The Commission may accept lands or waters for wildlife refuges, wildlife management areas, and public hunting grounds, designate and set these apart, and provide rules and regulations for conservation of birds, quadrupeds, and fish thereon. Violation of 56:761, 56:762, or 56:763 is a class two violation (56:761 through :764).
The Commission shall select state-owned lands, and may lease from private persons or corporations lands, for establishment of wildlife refuges, wildlife management areas, public hunting grounds, upland game preserves, and wildlife sanctuaries and may manage them for protection and management of wild game and wild animal life. The Department shall post signs and stock the areas. When a tract of state-owned land has been so selected notice shall be given to the state land office, or other Departments. The Commission may contract with owners of land acquired or accepted under reforestation projects for establishment of such areas, providing notice shall be published. The Commission may make rules and regulations for the protection of wildlife and may fence, equip, or maintain the areas. Once an area becomes dedicated as a wildlife refuge, wildlife management area, public hunting ground, upland game preserve, or wildlife sanctuary, no person shall trespass upon such land or hunt, trap, snare, or take wild animal life or game or destroy or deface fencing or signs. A violator may be arrested on sight by a wildlife agent or other authorized officer. Violation of this Subpart is a class two violation (56:781 through :787).
Except as provided, and in accordance with rules and regulations, no person shall kill, snare, or pursue with intent to take or kill, or possess a wild animal or bird from or upon school land or a school section located within, contiguous to, or adjoining the boundaries of a wildlife refuge, wildlife management area, or public hunting ground. Each wild animal or bird so taken or possessed on such land or section is a separate offense. A violator of this Subpart shall be fined $5-100, with costs of suit, for each offense. Violation of a provision of this Subpart is a class two violation. The Secretary may kill or have killed obnoxious animals on any such land or ensnare or have ensnared a wild animal or bird for propagation, restocking, educational purposes, or scientific investigation (56:791 and :792).
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