DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 608 Reengrossed 2017 Regular Session White
Abstract: Includes native plants in the species to be conserved by the Dept. of Wildlife and
Fisheries under the endangered species laws.
Present law charges the Dept. of Wildlife and Fisheries and the Wildlife and Fisheries Commission
with conservation of species of wildlife and the protection of species of wildlife determined to be
"threatened" or "endangered" under the federal Endangered Species Act.
Proposed law adds native plants to the species to be conserved and protected by the department and
commission. Authorizes the use of federal funds for these purposes. Defines "native plant" to be
a nonvascular or vascular plant occurring outside of cultivation. Requires the commission to adopt
regulations to assist in conservation of native plants. Provides that it is unlawful to willfully destroy
or harvest any endangered or threatened species of native plant on private land without written
permission of the landowner or his representative. Further provides that it is unlawful to destroy or
harvest on public land without a permit from the department and written permission from the public
entity holding title to the land must be obtained. Requires any permit issued to be consistent with
the federal Endangered Species Act.
Proposed law specifically excludes the clearing of land for agricultural purposes, clearing of land by
a landowner or his agent, a public entity when acting in performance of its obligation to provide
service to the public, propagation of legally harvested species by licensed entities of the horticultural
and nursery industry, any emission or discharge permitted by the Department of Environmental
Quality, or any water intake for a facility that holds such permit.
Proposed law provides that proposed law does not authorize the department to designate critical
habitat on private property.
Proposed law provides for violations to be class six violations punishable with a fine of between
$900 and $950 or imprisonment for less than 120 days or both and forfeiture of anything seized.
(Amends R.S. 56:1901, 1902(1), 1903, 1904(A), (B)(intro. para.), (C)(2), (D), (E), and (H), and
1907; Adds R.S. 56:1902(3),1904(C)(3), (I), (J), and (K))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill: 1. Exclude any emission or discharge permitted by the Dept. of Environmental Quality or
any water intake for a facility that holds such permit.
2. Provide that proposed law does not authorize the department to designate critical habitat
on private property.
3. Make technical changes.