Louisiana 2024 Regular Session

Louisiana House Bill HCR6 Latest Draft

Bill / Enrolled Version

                            ENROLLED
2024 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 6
BY REPRESENTATIVES VENTRELLA AND GEYMANN
A CONCURRENT RESOL UTION
To amend the Department of Wildlife and Fisheries rules LAC 76:V.131(B), (E)(4), and (6)
and to enact LAC 76:V.131(D)(3) which provide relative to the Wildlife
Rehabilitation Program, to provide for requirements for a Wildlife Rehabilitation
Program permit, to provide general rules for the Wildlife Rehabilitation program, to
provide for requests for extension, and to direct the office of the state register to print
the amendments in the Louisiana Administrative Code.
WHEREAS, the current permit process for the Wildlife Rehabilitation Permit
Program is overly burdensome, making it too difficult to become a permitted rehabilitator;
and
WHEREAS, there is a shortage of licensed rehabilitators in the state of Louisiana,
burdening current rehabilitators past capacity; and
WHEREAS, the Department of Wildlife and Fisheries Wildlife Rehabilitation Permit 
Program regulates the rehabilitation of injured or orphaned wildlife in Louisiana; and
WHEREAS, you must have a wildlife rehabilitation permit to rehabilitate wildlife
in Louisiana; and
WHEREAS, to obtain a permit you must have knowledge of wildlife behavior,
habitat, diet and other species specific needs; and
WHEREAS, completion of the Wildlife Rehabilitation Permit Basic Skills Course
is required for individuals to receive a wildlife rehabilitation permit; and
WHEREAS, the Wildlife Rehabilitation Permit Basic Skills Course is only offered
annually; and
WHEREAS, offering the course online will make it more readily available to the
general public who may wish to obtain a wildlife rehabilitation permit.
Page 1 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HCR NO. 6	ENROLLED
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
76:V.131(B), (E)(4), and (6) are hereby amended and LAC 76:V.131(D)(3) is hereby
enacted to read as follows:
ยง131.  Wildlife Rehabilitation Program
*          *          *
B. Definitions 
Rabies Vector Species (RVS) - mammalian species defined by Louisiana
Department of Wildlife and Fisheries (LDWF) as potential carriers of the rabies
virus including, but not limited to the following: 
a. raccoons; 
b. foxes; 
c. coyotes; 
d. skunks; and 
e. bats. 
Subpermittee - person authorized to conduct rehabilitation activities under the
supervisory responsibility of a wildlife rehabilitator. 
Supervisory Responsibility - to direct actions and accept responsibility for the
actions of a named individual engaged in wildlife rehabilitation activities. 
Wildlife Rehabilitation - activity that provides housing, treatment and
temporary care of injured and/or orphaned indigenous animals with the goal of
subsequent release of those healthy animals to appropriate habitats in the wild. 
Wildlife Rehabilitator - a person who is permitted by the LDWF to engage
in the practice of wildlife rehabilitation.
Wildlife Rescuer - a person who is allowed to possess certain wildlife in
accordance with the exemption requirements of Paragraph (D)(3) of this Section.
*          *          *
D.  Exemptions
*          *          *
Page 2 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HCR NO. 6	ENROLLED
3.  Wildlife Rescuer
a.  Individuals may possess in captivity certain sick, injured, or orphaned
wildlife while providing care for such wildlife for a period of up to ninety days as
provided for in this Paragraph:
i. Wildlife included under this Paragraph shall be limited to the following
species: squirrel, opossum, rabbit, or chipmunk, with such possession limited to one
animal or litter of animals per individual.
ii.  A raccoon or skunk that is sick, injured, or orphaned may also be
possessed pursuant to the provisions of this Paragraph upon notification to the
Department of Wildlife and Fisheries of possession of the wildlife and upon receipt
of information regarding rabies vector species and a list of available wildlife
rehabilitators.
iii.  Individuals in possession of any of these animals shall be held strictly
liable for any damages for injuries to persons or property caused by the animal.
b.  To continue to possess the wildlife beyond ninety day from finding the
sick, injured, or orphaned wildlife all of the following shall occur:
i. The individual has satisfied wildlife rescuer training requirements. The
curriculum shall be offered online and shall cover at a minimum safety
considerations, wildlife husbandry requirements, transfer of diseases, and that a
person possessing an animal pursuant to this Paragraph is held strictly liable for any
damage or injury the animal causes.
ii. The individual applied for a Special Purpose and Possession permit.
iii. A Louisiana licensed veterinarian has determined that the animal is
medically non-releasable or exhibits signs of adjusted life in captivity.
c. i. If the conditions of Subparagraph b of this Paragraph have been met, the
Department of Wildlife and Fisheries shall issue a Special Purpose and Possession
permit and the individual shall be able to continue to possess the animal for the
duration of its natural life.
Page 3 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HCR NO. 6	ENROLLED
ii. Any animal possessed pursuant to the provisions of this Paragraph shall
be spayed or neutered. Rabies vector species shall also be microchipped by a
Louisiana licensed veterinarian.
d.  A Louisiana licensed veterinarian shall not be liable to any person for any
injury, illness, death, loss, civil penalty, or damage as a result of any act or omission
in determining that the animal is medically non-releasable or exhibits signs of
adjusted life in captivity as required by the provisions of this Paragraph.  However,
this limitation of liability shall not be applicable if the damage, injury, or loss was
caused by the gross negligence or willful or wanton misconduct of the licensed
Louisiana veterinarian.
e.  It shall be unlawful for an individual exempted under the provisions of this 
Paragraph to use the wildlife in any manner for the purposes of exploitation,
including for any promotional or commercial purpose, or for the purposes of pet
trade.  Any such act shall be grounds for seizure of the wildlife by the department
and revocation of any issued permit.
E.  Permit Requirements
*          *          *
4. Prior to licensure or renewal, all applicants must show proof of completion
of a LDWF-approved wildlife rehabilitation course and must be currently certified
under the approved organization's guidelines. There shall be at least one approved
course readily available online, which may require successful completion of an
interactive test.  The department shall post approved courses on its website by
January 1, 2025. Failure to provide proof of successful completion of the course and
subsequent continuing education requirements will result in non-licensure or
revocation of the WRP.
*          *          *
6.  All facilities where animals will be housed or maintained will be inspected
by LDWF prior to receiving a WRP.  All applicants shall have a suitable habitat for
any animals housed and shall report the specifications of the habitat to the
Page 4 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HCR NO. 6	ENROLLED
department. Permitted facilities may be subject to inspection by LDWF upon twenty-
four hour notice to the WRP applicant.
*          *          *
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
office of the state register.
BE IT FURTHER RESOLVED that the office of the state register is hereby directed
to have the amendments to LAC 76:V.131(B), (E)(4), and (6) and the enactment of LAC
76:V.131(D)(3) printed and incorporated into the Louisiana Administrative Code.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
Page 5 of 5
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.