Louisiana 2024 2024 Regular Session

Louisiana House Bill HCR6 Engrossed / Bill

                    HLS 24RS-830	REENGROSSED
2024 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 6
BY REPRESENTATIVES VENTRELLA AND GEYMANN
WILDLIFE & FISHERIES:  Provides relative to Wildlife Rehabilitation Program rules
1	A CONCURRENT RESOL UTION
2To amend the Department of Wildlife and Fisheries rules LAC 76:V.131(E)(4)  and (6) and
3 to enact LAC 76:V.131(D)(3) which provide relative to the Wildlife Rehabilitation
4 Program, to provide for requirements for a Wildlife Rehabilitation Program permit,
5 to provide general rules for the Wildlife Rehabilitation program, to provide for
6 requests for extension, and to direct the office of the state register to print the
7 amendments in the Louisiana Administrative Code.
8 WHEREAS, the current permit process for the Wildlife Rehabilitation Permit
9Program is overly burdensome, making it too difficult to become a permitted rehabilitator;
10and
11 WHEREAS, there is a shortage of licensed rehabilitators in the state of Louisiana,
12burdening current rehabilitators past capacity; and
13 WHEREAS, the Department of Wildlife and Fisheries Wildlife Rehabilitation Permit 
14Program regulates the rehabilitation of injured or orphaned wildlife in Louisiana; and
15 WHEREAS, you must have a wildlife rehabilitation permit to rehabilitate wildlife
16in Louisiana; and
17 WHEREAS, to obtain a permit you must have knowledge of wildlife behavior,
18habitat, diet and other species specific needs; and
19 WHEREAS, completion of the Wildlife Rehabilitation Permit Basic Skills Course
20is required for individuals to receive a wildlife rehabilitation permit; and
Page 1 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-830	REENGROSSED
HCR NO. 6
1 WHEREAS, the Wildlife Rehabilitation Permit Basic Skills Course is only offered
2annually; and
3 WHEREAS, offering the course online will make it more readily available to the
4general public who may wish to obtain a wildlife rehabilitation permit; and
5 WHEREAS, requiring verification of access to veterinary services can be overly
6burdensome on a person interested in the rehabilitation of wildlife; and
7 WHEREAS, allowing for inspections of housing facilities can be overly intrusive on
8a person interested in the rehabilitation of wildlife; and
9 WHEREAS, the Department of Wildlife and Fisheries is a self-funded department
10and the requirement of a fee for licensure offsets the cost for the rehabilitation program.
11 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
1276:V.131(E)(4)and (6) are hereby amended and LAC 76:V.131(D)(3) is hereby enacted to
13read as follows:
14 ยง131.  Wildlife Rehabilitation Program
15	*          *          *
16	D.  Exemptions
17	*          *          *
18	3.  Individuals may possess in captivity any sick, injured, or orphaned
19 wildlife if they have satisfied the course requirements of this Section and a licensed
20 veterinarian has determined that the animal is medically non-releasable or exhibits
21 signs of adjusted life in captivity and poses minimum zoonotic potential. Wildlife
22 included under this exemption shall be limited to the following species: (1) squirrel,
23 (2) skunk, (3) opossum, (4) raccoon, (5) rabbit, or (6) chipmunk, with such
24 possession limited to one animal per individual.  Individuals in possession of one of
25 these animals shall be held strictly liable for any damages for injuries to persons or
26 property caused by the animal. The required inspection by the department shall not
27 apply if the wildlife is possessed under this Section.
28	E.  Permit Requirements
29	*          *          *
Page 2 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-830	REENGROSSED
HCR NO. 6
1	4. Prior to licensure or renewal, all applicants must show proof of completion
2 of a LDWF-approved wildlife rehabilitation course and must be currently certified
3 under the approved organization's guidelines. There shall be at least one approved
4 course readily available online, which may require successful completion of an
5 interactive test.  The department shall post approved courses on its website by
6 January 1, 2025. Failure to provide proof of successful completion of the course and
7 subsequent continuing education requirements will result in non-licensure or
8 revocation of the WRP.
9	*          *          *
10	6.  All facilities where animals will be housed or maintained will be inspected
11 by LDWF prior to receiving a WRP.  All applicants shall have a suitable habitat for
12 any animals housed and shall report the specifications of the habitat to the
13 department. Permitted facilities may be subject to inspection by LDWF upon twenty-
14 four hour notice to the WRP applicant.  The department may only inspect an
15 applicant one time per lifetime of a permit except when there is probable cause of a
16 violation of wildlife or criminal law.
17	*          *          *
18 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
19office of the state register.
20 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
21to have the amendments to LAC 76:V.131(E)(4) and (6) and the enactment of LAC
2276:V.131(D)(3) printed and incorporated into the Louisiana Administrative Code.
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)]
HCR 6 Reengrossed 2024 Regular Session	Ventrella
Present law (LAC 76:V.131) provides for the Wildlife Rehabilitation Program permitting
and operations.  Present law (LAC 76:V.131(E)(4)) provides for permit requirements for the
Wildlife Rehabilitation Program, and requires completion of a course certified by the La.
Dept. of Wildlife and Fisheries (LDWF).  Proposed law requires that department approved
courses be readily available online, with completion subject to an interactive test.
Page 3 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-830	REENGROSSED
HCR NO. 6
Present law (LAC 76:V.131(E)(6)) allows for inspection of an applicant's animal housing
facilities by the LDWF.  Proposed law provides that an applicant must have a suitable
housing for the animal and must report the habitat specifications to the department, and that
permitted facilities may be subject to inspection by the LDWF upon twenty-four hours
notice to the WRP applicant.  Proposed law provides that the department may only inspect
an applicant once per lifetime of the permit except where there is probable cause of a
violation of wildlife or criminal law.
Proposed law provides that individuals may possess in captivity any sick, injured, or
orphaned wildlife if they have satisfied the course requirements of present law and a licensed
veterinarian has determined that the animal is medically non-releasable or exhibits signs of
adjusted life in captivity and poses minimum zoonotic potential.  Specifies that wildlife
included under this exemption will be limited to the following species:  (1) squirrel, (2)
skunk, (3) opossum, (4) raccoon, (5) rabbit, or (6) chipmunk, with such possession limited
to one animal per individual.  Proposed law provides that individuals in possession of one
of these animals will be held strictly liable for any damages for injuries to persons or
property caused by the animal.
(Amends LAC 76:V.131(E)(4) and (6); Adds LAC 76:V.131(D)(3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill:
1. Establish an exemption to the Wildlife Rehabilitation Program Permit, in which
an individual may possess in captivity sick, injured, or orphaned wildlife if they
have satisfied the course requirements of the program and have a licensed
veterinarian certify that the animal is medically non-releasable.  Further specifies
that these animals are limited to squirrel, skunk, opossum, raccoon, rabbit, or
chipmunk, with possession limited to one animal per individual. Individuals will
also be strictly liable for any damages to persons or property caused by the
animal.
2. Require at least one department approved course readily available online, which
may require completion of an interactive test.  Further require the department
post approved courses on its website by January 1, 2025.  Additionally provide
that any wildlife rehabilitation courses developed or administered by the LDWF
are subject to a fee of $50.
3. Restore provisions related to submission of a Statement of Veterinary Support.
4. Provide that permitted facilities may be subject to inspection by the LDWF upon
sufficient notice to the WRP applicant.
5. Restore provisions related to submission of a written request for extension of
possession of an animal after 120 days.
6. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Specify that the required inspection by the department does not apply if wildlife
is possessed under the Section of proposed law.
2. Remove a fee requirement for any wildlife rehabilitation course developed or
administered by the Louisiana Department of Wildlife and Fisheries.
Page 4 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-830	REENGROSSED
HCR NO. 6
3. Clarify that permitted facilities may be subject to inspection by the LDWF upon
twenty-four hours of notice to the WRP applicant, instead of upon sufficient
notice.
4. Specify that the department may only inspect a WRP applicant once per the
lifetime of a permit, except where there is probable cause of a violation of
wildlife or criminal law.
Page 5 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.