Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SCR16 Introduced / Bill

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Regular Session, 2012
SENATE CONCURRENT RESOLUTI ON NO. 16
BY SENATOR CORTEZ 
WILDLIFE/FISHERIES DEPT. Specifies accreditation requirements for exemptions from
the Department of Wildlife and Fisheries, Louisiana Wildlife and Fisheries Commission
rules governing possession of exotic cats.
A CONCURRENT RESOLUTI ON1
To amend the Department of Wildlife and Fisheries, Louisiana Wildlife and Fisheries2
Commission rule (LAC 76:V.115(E)(1) and (F)(2)), to provide exemptions from the3
department's rules governing private possession of potentially dangerous quadrupeds,4
exotic cats and nonhuman primates; to include in those exemptions, facilities5
certified by the Zoological Association of America; and to direct the office of the6
state register to print the amendments in the Louisiana Administrative Code.7
WHEREAS, Act 715 of the 2006 Regular Session of the Legislature enacted R.S.8
56:6(31) which requires the Department of Wildlife and Fisheries, Louisiana Wildlife and9
Fisheries Commission to promulgate rules and regulations to control the importation and10
private possession of big exotic cats including but not limited to tigers, lions, leopards,11
jaguars, cheetahs, and hybrids resulting from cross-breeding of such cats; and12
WHEREAS, R.S. 56:6(31) also provides for exceptions for big cats traditionally kept13
by colleges and universities as school mascots, animal sanctuaries, zoos, wildlife research14
centers, and scientific organizations; and15
WHEREAS, the rules also provide for permits for certain institutions and for owners16
who can prove previous ownership; and17
WHEREAS, violation of rules and regulations adopted pursuant to the provisions of18 SCR NO. 16
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the above stated law constitutes a class two violation punishable as provided in R.S. 56:32;1
and2
WHEREAS, the Zoological Association of America is recognized throughout the3
world of zoos and animal parks and by whose accreditation and assurances that animals are4
handled and treated appropriately and in a manner so as to ensure the safety of the public;5
and6
WHEREAS, the rules adopted by the Department of Wildlife and Fisheries,7
Louisiana Wildlife and Fisheries Commission provide for exemptions for those accredited8
zoos or those entities certified by the American Zoo and Aquarium Association; and9
WHEREAS, R.S. 49:969 provides that the legislature, by concurrent resolution, may10
suspend, amend, or repeal any rule or regulation adopted by a state department, agency,11
board, or commission.12
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC13
76:V.115(E)(1) and (F)(2) are hereby amended to read as follows:14
ยง115. Possession of Potentially Dangerous Wild Quadrupeds, Big Exotic Cats, and15
Non-Human Primates16
*          *          *17
E. Exempted Entities. The following organizations and entities shall be18
exempt from this regulation, including permitting:19
1. Zoos accredited or certified by the American Zoo and Aquarium20
Association (AZA) or the Zoological Association of America (ZAA);21
*          *          *22
F. Permitted Entities. The following organizations and entities may be23
exempted from this regulation after applying for and receiving a permit from the24
department to possess any listed animal under the following conditions:25
*          *          *26
2. Animal sanctuaries accredited or certified by the American Zoo and27
Aquarium Association (AZA) or the Zoological Association of America (ZAA).28
Permitted sanctuaries are prohibited from exhibiting, breeding, or selling any listed29
animal. Listed animals must be surgically sterilized or separately housed to prevent30 SCR NO. 16
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breeding. Listed animals must be housed in such a manner as to prevent public1
contact and in compliance with the enclosure rules provided herein in Subsection I.2
Permitted animal sanctuaries are prohibited from transporting these animals to any3
public building or place where they may come into contact with the public including,4
but not limited to schools, hospitals, malls, private residences, or other commercial5
or retail establishments.6
*          *          *7
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the8
office of the state register and the secretary of the Department of Wildlife and Fisheries.9
BE IT FURTHER RESOLVED that the office of the state register is hereby directed10
to have the amendment to LAC 76:V.115(E)(1) and (F)(2) printed and incorporated into the11
Louisiana Administrative Code and to transmit a copy of the revised rules to the Department12
of Wildlife and Fisheries.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Broussard-Johnson.
DIGEST
Cortez	SCR No. 16
Makes changes to the exemptions in the rules regulating the possession of potentially
dangerous quadrupeds, exotic cats and nonhuman primates.
Changes the exemption from zoos or animal sanctuaries accredited or certified by the
American Zoo and Aquarium Association (AZA) to zoos or animal sanctuaries accredited
or certified by the AZA or the Zoological Association of America.
Directs the transmission of copies of the Resolution to the secretary of the Department of
Wildlife and Fisheries and the office of the state register.
Directs the office of the state register to print the amendments in the Louisiana
Administrative Code.