ENROLLED
ACT No. 228
2017 Regular Session
HOUSE BILL NO. 608
BY REPRESENTATIVE WHITE
1 AN ACT
2 To amend and reenact R.S. 56:1901, 1902(1) 1903, 1904(A), (B)(introductory paragraph),
3 (C)(2), (D), (E), and (H), and 1907 and to enact R.S. 56:1902(3) and 1904(C)(3), (I),
4 (J), and (K), relative to threatened and endangered species conservation; to include
5 native plants in the species to be conserved by the Wildlife and Fisheries
6 Commission and the Department of Wildlife and Fisheries; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 56:1901, 1902(1), 1903, 1904(A), (B)(introductory paragraph),
10 (C)(2), (D), (E), and (H), and 1907 are hereby amended and reenacted and R.S. 56:1902(3)
11 and 1904(C)(3), (I), (J), and (K) are hereby enacted to read as follows:
12 §1901. Legislative findings and declarations
13 The Louisiana Legislature finds:
14 A. That it is the policy of this state to conserve species of wildlife and native
15 plants for human enjoyment, for scientific purposes, and to insure their perpetuation
16 as viable components of this state's economic and ecologic ecological systems;.
17 B. That species of wildlife and native plants normally occurring within this
18 state which may be found to be threatened or endangered within the state should be
19 accorded such protection as is necessary to maintain and to enhance their numbers;.
20 C. That the state should assist in the protection of species of wildlife which
21 that are determined to be "threatened" or "endangered" elsewhere pursuant to the
22 Federal federal Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as
23 concurred in by the Louisiana Wildlife and Fisheries Commission, by prohibiting the
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1 taking, possession, transportation, exportation from the state, processing, sale or
2 offer for sale or shipment within this state of such endangered species, or by
3 carefully regulating such activities with regard to such species. Exceptions to such
4 prohibitions, for the purpose of enhancing the conservation of such species, may be
5 permitted as set forth elsewhere in this Part; and.
6 D. That funding for the conservation of threatened or endangered species and
7 native plants may be made available to the Louisiana Department of Wildlife and
8 Fisheries annually by appropriations from the general fund of the state. Additionally,
9 sources other than those normally used by the department to support its present
10 wildlife programs may be utilized, including but not limited to federal funding
11 through Section 6 of the federal Endangered Species Act of 1973 and to that extent
12 the department may enter into cooperative agreements with the proper authorities of
13 the government of the United States, issue and promote the sale of "Endangered
14 Species" stamps or utilize such other methods as are deemed appropriate to
15 accomplish the purposes of this Part.
16 §1902. Definitions
17 For the purpose of this Part:
18 (1) "Threatened or endangered species" shall mean any species of wildlife
19 or native plant determined by the secretary of the Department of Wildlife and
20 Fisheries or by the secretary of the Interior of the United States with concurrence by
21 the Wildlife and Fisheries Commission to be of a class that requires protective
22 regulation to prevent its extinction or the destruction or deterioration of its economic
23 usefulness within this state, presently or in the foreseeable future.
24 * * *
25 (3) "Native plant" shall mean any nonvascular or vascular plant occurring
26 outside of cultivation, excluding species that are known to have escaped cultivation
27 or to have been intentionally or unintentionally introduced from outside of Louisiana
28 since European colonization.
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1 §1903. Conservation, study, regulation; authority
2 A. The Louisiana Department of Wildlife and Fisheries is authorized to
3 conserve resident species of wildlife or native plants, and those species determined
4 to be threatened or endangered by the secretary and the secretary of the Interior of
5 the United States, and to formulate conservation programs and plans, to be submitted
6 to the secretary of Interior for review.
7 B. The Louisiana Department of Wildlife and Fisheries is authorized to
8 conduct investigations on resident wildlife or native plants in order to develop
9 information relating to populations, distribution, habitat needs, limiting factors and
10 other biological, economic, and ecological data to determine conservation measures
11 necessary for their continued ability to sustain themselves successfully. On the basis
12 of such determinations the commission may issue regulations designed to assist the
13 continued ability of wildlife or native plants deemed in need of conservation to
14 perpetuate themselves successfully. The department may conduct ongoing
15 investigations of wildlife or native plants and the commission may from time to time
16 amend such regulations.
17 C. The commission may establish such programs, including acquisition of
18 land or aquatic habitat or interests therein, as are deemed necessary for the
19 conservation of threatened or endangered species of wildlife or native plants. The
20 commission may utilize all vested authority except the power of expropriation to
21 carry out the purposes of this Part.
22 §1904. Threatened or endangered species, determination; notice; lists; regulations
23 A. Any species of wildlife or native plant determined by the secretary of the
24 Louisiana Department of Wildlife and Fisheries to be an endangered or threatened
25 species pursuant to the Federal federal Endangered Species Act shall be deemed to
26 be an endangered or threatened species under the provisions of this Part.
27 B. In addition to the species deemed to be endangered or threatened pursuant
28 to the Federal federal Endangered Species Act, the commission may by regulation
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1 determine whether any species of wildlife or native plant occurring within this state
2 is an endangered or threatened species because of any of the following factors:
3 * * *
4 C. The secretary may make determinations required by Subsection B of this
5 Section on the basis of the best scientific, commercial, and other data available to it
6 and after consultation, as appropriate, with federal agencies, other interested state
7 agencies, other states having a common interest in the species, and interested persons
8 and organizations. The secretary may not add a species to nor remove a species from
9 any list published pursuant to Subsection D of this Section unless he has first:
10 * * *
11 (2) Allowed at least thirty days following publication for comment from the
12 public and other interested parties; however, that in cases where the department
13 determines that an emergency situation exists involving the continued existence of
14 such species as a viable component of the state's wildlife and native plants the
15 department may add species to such lists provided it has published a public notice
16 that such an emergency situation exists together with a summary of facts which
17 support such determination.
18 (3) In determining whether any species of wildlife or native plant is an
19 endangered species or a threatened species, the department shall take into
20 consideration those actions, if any, being carried out or about to be carried out by the
21 federal government, by other states, by other agencies of this state or political
22 subdivisions thereof, or by any other person which may affect the species under
23 consideration.
24 D.(1) The commission may issue regulations containing a list of all species
25 of wildlife and native plants occurring within this state which are determined in
26 accordance with Subsections A through C of this Section to be an endangered or
27 threatened species. Each list shall refer to the species contained therein by scientific
28 and common name or names, if any, and shall specify with respect to each such
29 species over what portion of its range it is endangered or threatened.
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1 (2) Except with respect to species of wildlife and native plants determined
2 to be endangered or threatened pursuant to the Federal federal Endangered Species
3 Act, the commission may upon the petition of an interested person conduct a review
4 of any listed or unlisted species proposed to be removed from or added to the lists
5 published pursuant to this Subsection, but only if it makes and publishes a public
6 notice that such person has presented substantial evidence which warrants such a
7 review.
8 E. Whenever any species of wildlife or native plant is listed as a threatened
9 or endangered species pursuant to Subsection D of this section Section, the
10 commission shall issue such regulations as it deems necessary and advisable to
11 provide for the conservation of such species. The commission may, by regulation,
12 prohibit with respect to any threatened or endangered species of wildlife any act
13 prohibited under Subsection F of this section Section and with respect to any
14 threatened or endangered species of native plant any act prohibited under Subsection
15 H of this Section.
16 * * *
17 H. With respect to any threatened or endangered species of native plant, it
18 is unlawful, except as provided in Subsection I of this Section, for any person subject
19 to the jurisdiction of this state to:
20 (1) Willfully destroy or harvest any such species growing on the private land
21 of another without first obtaining the written permission of the landowner or legal
22 representative of the landowner.
23 (2) Willfully destroy or harvest any such species on any public land without
24 a permit from the Louisiana Department of Wildlife and Fisheries and written
25 permission from the agency owning the land. However, permits issued for species
26 listed on the federal Endangered Species List under the federal Endangered Species
27 Act of 1973, as amended, must be consistent with federal standards.
28 I. (1) With respect to native plant species, no provision of this Part shall
29 apply to the following:
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1 (a) The clearing or other disturbance of land for agricultural or silvicultural
2 purposes.
3 (b) The clearing or removal of threatened or endangered plants by the
4 landowner or his agent.
5 (c) The clearing of land by a public agency or a publicly or privately owned
6 public utility when acting in the performance of its obligation to provide service to
7 the public.
8 (d) The propagation and sale of legally harvested threatened or endangered
9 plant species by entities of the horticultural and nursery industry that are licensed or
10 permitted to operate under the Horticulture Commission Law, R.S. 3:3801 et seq.
11 (e) Any emission or discharge authorized pursuant to a permit, license,
12 registration, or variance by the Department of Environmental Quality or any water
13 intake for a facility that holds such permit, license, registration or variance.
14 (2) The provisions of this Part shall not be interpreted to authorize the
15 department to designate critical habitat on private property.
16 J. Any law, regulation or ordinance of any political subdivision of this state
17 which applies with respect to the taking, importation, exportation, possession, sale
18 or offer for sale, processing, delivery, carrying, transportation or shipment of wildlife
19 species determined to be endangered species or threatened species pursuant to this
20 Part is void to the extent that it may effectively do either of the following:
21 (1) Permit permit what is prohibited by this Part or by any regulation which
22 implements this Part, or.
23 (2) Prohibit prohibit what is authorized pursuant to an exemption or permit
24 provided for in this Part or in any regulation which implements this Part.
25 K. This Part shall not otherwise be construed to void any law, regulation or
26 ordinance of any political subdivision of this state which is intended to conserve
27 wildlife.
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1 §1907. Penalties and enforcement
2 A. Violation of the provisions of R.S. 56:1904(C) or any regulations issued
3 pursuant thereto constitutes a class four violation.
4 B. Violation of the provisions of R.S. 56:1904(F), or any regulations issued
5 pursuant to R.S. 56:1904(E), or failure to procure any permit required by R.S.
6 56:1904(G), or violation of the terms of any such permit constitutes a class six
7 violation. Any violation of the provisions of this Part or any regulation adopted
8 pursuant to the provisions of this Part shall constitute a class six violation punishable
9 under the provisions of R.S. 56:36.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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