Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part I - Wildlife and Fisheries Commission and Agencies Thereunder
Chapter 3 - Special Powers and Duties
Subchapter B - Enforcement
Section I-305 - Responsibilities and Powers of Enforcement Officers
Universal Citation: LA Admin Code I-305
Current through Register Vol. 50, No. 3, March 20, 2024
A. Responsibilities of the Chief of the Enforcement Division and Law Enforcement Officers
1. The chief of the Enforcement Division of
the Department of Wildlife and Fisheries shall be responsible for the adherence
to and implementation of these regulations and the rules of evidence relating
to seizures and criminal prosecution.
2. In any investigation or arrest where
objects (guns, nets, traps, boats, motors, or other evidence) are vital to the
case and necessary for prosecution they will be seized, and properly tagged.
Receipts are to be issued for seized items. All seized equipment shall be
turned in immediately to the Enforcement Division regional supervisor who shall
be responsible for maintaining records and providing secure storage. However,
the agent seizing any gun, net, boat, motor, or other evidence is responsible
if the items seized are lost, stolen, or damaged while in his possession. All
gear including, but not limited to boats, motors, guns, nets, trawls, vehicles,
lights, and traps when found abandoned or unattended and used in violation of
law shall be seized and turned in to the department immediately. Any game
birds, game quadrupeds, game fish, commercial fish, nongame quadrupeds, and
endangered and protected species seized in connection with abandoned or
unattended equipment shall be disposed of in accordance with the following
procedures.
3. The department,
through the Enforcement Division, shall maintain records of all seizures,
forfeitures, and releases and shall obtain an appropriate receipt from the
possessor or owner of any quadruped, fish, bird, net, trap, gun, boat, light or
other equipment, or the proceeds from the sale thereof, that is released by the
department.
4. Any release of the
above based upon a withdrawal or nolle pros of the charges shall require a
certified copy of the said withdrawal or nolle pros to be filed with the chief
of the Enforcement Division before the seized items can be released.
5. All proceeds from any sale of any
quadruped, fish, bird, or equipment which is not ordered returned to the
possessor or owner thereof shall be deposited in the Conservation Fund unless
otherwise provided by statute or Deed of Donation, subject to a reasonable
administrative cost to be retained by the agency selling on behalf of the
department.
B. Perishable Evidence and Live Animals
1.
Perishable Evidence
a. Game Quadrupeds, Game
Birds, Outlaw Birds, Game Fish, and Commercial Fish Which Cannot Be Sold
i. All game quadrupeds, game birds, outlaw
birds, game fish and commercial fish which, because of illegal size or other
factors, cannot be sold, which are seized by agents, officers or employees of
the department, or other peace officers of the state, shall be donated to
charitable organizations, or persons receiving social welfare benefits (i.e.,
food stamps or aid to families with dependent children). Donations to persons
receiving social welfare benefits shall be subject to applicable laws and
regulations governing possession limits. If donation is not possible, then the
reasons therefor shall be reflected in the case report, and the seized animals
shall be destroyed.
ii. The
officer, agent, or employee donating game quadrupeds, game birds or game fish
shall obtain a receipt (Form ED-16) which shall be attached to the offense
report of the violation in which the quadrupeds or fish were seized.
Additionally, where donations are made to persons receiving social welfare
benefits, the officer, agent or employee shall also attach documentary evidence
of the person's eligibility for said benefits.
b. Commercial Fish and Nongame Quadrupeds
i. All commercial fish of legal size and
nongame quadrupeds, when seized by agents, officers or employees of the
department, or other peace officers of the state shall be sold, whenever
possible, by the officer making the seizure.
ii. The officer shall obtain three bids from
licensed dealers, if and when possible, and shall sell to the highest
bidder.
iii. The offense report of
the violation in which the fish and nongame quadrupeds were seized shall
reflect the names of the companies, the amounts of the bids and the names of
the persons making the bids. The money recovered from such sale shall be
delivered to the chief of the Enforcement Division and kept in escrow by the
department until final disposition of the criminal charges. In the event the
arresting and seizing officer cannot obtain a sale, the commercial fish and
nongame quadrupeds will be donated in accordance with the provisions of
Subparagraph B.1.a above, or held by the department until it is no longer
needed for prosecution, at which time it shall be destroyed or disposed of as
the secretary of the department shall determine.
c. Oysters and Menhaden. Oysters and menhaden
or other herring-like fishes shall be disposed of in accordance with the
provisions of
R.S.
56:58(C) and (D).
d. Protected or Endangered Species. Protected
or endangered species shall be retained, or an evidentiary sample in accordance
with Subparagraph B.1.e below shall be retained, until the case is resolved and
it is no longer needed for evidence, at which time it shall be donated for
scientific or educational purposes as determined by the secretary. If no such
donation is possible, it shall be destroyed.
e. Evidentiary Sample. With regard to all
perishable evidence upon which criminal charges are pending and which is to be
donated or sold in accordance with Subparagraphs B.1.a, b or c above, the
following procedure shall be employed prior to the sale or donation.
i. Remove tag, and keep an evidentiary sample
to be destroyed or donated in accordance with Subparagraph B.1.d above upon
disposition of case.
ii. Take
pictures of entire lot of seizure.
f. Unfitness for Human Consumption. Should
the seizing officers have reason to believe that the seized animal(s) is unfit
for human consumption, then it shall not be sold or donated (except for
scientific or educational purposes) and shall be destroyed.
2. Live Animals. All live
quadrupeds, live birds or live fish seized in connection with violation shall
be returned to its wild habitat or the waters of the state of Louisiana, if
possible. If this is not possible or feasible for reasons as determined by the
chief of the Enforcement Division, or for biological reasons as determined by
department staff, the live quadrupeds, live birds and live fish confiscated and
seized shall be donated by the department to zoos or other appropriate
educational and scientific research institutions, or at the discretion of the
secretary in accordance with the provisions of Clause B.1.a.i. If donation is
not appropriate then said animals shall be destroyed.
C. Nets, Traps, Guns, Boats, Lights and Other Equipment
1. General Provisions
a. All nets, traps, guns, boats, lights and
other equipment shall be held as evidence by the department until there is a
final disposition of the charges or until ordered released by the court with
jurisdiction of the violation. Said release or order shall be in writing and
directed to the secretary of the department. All such equipment which has been
forfeited, or which is unclaimed or unreleased for a period of three years,
shall be sold at public auction to the highest bidder; provided, however, that
if the equipment is of illegal specifications or if the chief of the
Enforcement Division determines that sale is not economically feasible because
of the value of the items, transportation costs or other factors, then said
equipment shall be destroyed or shall be used in accordance with Paragraph C.2,
in the secretary's discretion.
b.
Equipment of illegal specifications is that which by design, size, length, mesh
size, material composition or construction cannot be lawfully used for the
taking of quadrupeds, birds, fish or other resources in the state of
Louisiana.
2. Use of
Equipment by Department Personnel. All seized nets, traps, guns, boats, lights
and other equipment which the department has held for three years, or which has
been forfeited to the department or the commission, may be used by department
personnel as determined by the secretary, including, but not limited to,
enforcement, research and educational purposes such as displays and hunter's
education. This disposition and use may be exercised in lieu of sale when the
secretary determines that it is in the best interest of the
department.
3. Unattended Nets. All
unattended nets which remain unclaimed for a period of 30 days shall be sold,
used or destroyed in accordance with the above provisions.
4. Rods, Reels, Tackle and Nets. In addition
to the other allowable methods of disposal provided for in this Subsection, and
notwithstanding any other provisions of this Subsection, all rods, reels,
fishing poles, tackle and nets may, upon the passage or occurrence of all
pertinent time periods or events provided for in Subparagraph C.1.a supra, be
donated to bona fide charitable organizations, youth groups or schools. This
disposition may be exercised in lieu of other dispositions when the secretary
determines it is in the best interest of the department.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:60.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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