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-307 - Reserve Enforcement Agents
Universal Citation: LA Admin Code I-307
Current through Register Vol. 50, No. 3, March 20, 2024
A. General
1.R.S.
56:69.9 provides for the commissioning of
retired wildlife enforcement agents as reserve enforcement agents in order to
supplement the Department of Wildlife and Fisheries law enforcement program.
Reserve agents bring with them experience and skills not normally found in
entry-level, full time agents. Reserve agents may be assigned to law
enforcement related functions, community service functions and may also be used
as a resource in emergencies and large-scale special events.
2. Reserve agents may be called upon to
perform the same duties and accept the same hazards and responsibilities as
full-time wildlife enforcement agents. Educational level, experience, physical
condition, and other selection criteria applicable to full-time agents apply
equally to reserve agents.
3. Only
retired wildlife enforcement agents who retired under the provisions of
R.S.
11:582 shall qualify to become reserve
wildlife enforcement agents. Eligibility for initial application shall be from
the official date of retirement. There shall be no more than 50 active
commissioned reserve agents. The chief of the enforcement division may make
recommendations to the secretary of the department concerning commissioning of
reserve agents. The secretary of the department may commission qualified
reserve agents and shall have authority to revoke reserve agent commissions at
any time. No commission shall be issued for a period greater than one year but
may be renewed annually upon satisfactory completion of training requirement as
provided by
R.S.
56:69.7 and policy and procedure.
B. Work Performance and Training Requirements
1. Commissioned reserve agents
shall have the powers of and may function as a wildlife enforcement agent when
under the direct supervision of a full time employed wildlife enforcement
agent. Commissioned reserve agents are prohibited from taking enforcement
action unless under the direct supervision of, and accompanied by, a wildlife
enforcement agent. This prohibition shall not preclude reserve agents from
performing activities such as surveillance, hunter/boater education training,
and public outreach when unaccompanied by a wildlife agent, as long as all
activities are under the direction of a wildlife enforcement agent. Reserve
agents shall serve at the direction of the regional or section supervisor and
may be assigned monthly in accordance with desired needs.
2. Reserve agents are limited in their
enforcement authority and may not directly issue citations or make arrests, but
can only assist wildlife agents in these duties. Reserve agents may serve as
witnesses in any court proceeding relevant to their role as a commissioned
reserve agent.
3. The provisions of
Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, pertaining to
worker's compensation, shall not apply to reserve agents. A reserve agent will
be required to sign a statement attesting that he has read and understands
these rules and the conditions of his being commissioned as a reserve agent. He
shall also provide evidence of insurance coverage for personal health and
accident insurance. The department shall provide comprehensive general
liability insurance, including personal injury coverage for third
parties.
4. Serving as a reserve
agent is a purely voluntary undertaking and no person commissioned under these
provisions shall receive any compensation whatsoever for time or expenses
incurred while in training or while in the performance of his/her duties as a
reserve agent. The department may provide each reserve agent with a uniform;
however such uniform shall identify the reserve agent as being
reserve.
5. Reserve enforcement
agents shall be required to maintain refresher training annually on fish and
wildlife law, regulations, and rules, POST firearms re-qualification, use of
force and any other statutorily required training for full time law enforcement
officers performing like functions. The enforcement division may provide such
training for reserve enforcement agents. Qualifying standards shall be
identical to those of regular officers.
6. Reserve enforcement agents shall be
required to comply with all provisions of Title 56 and other state and federal
law as applicable.
C. Cases for Revocation of Commissions
1. Cases
for revocation of reserve commissions shall include but shall not be limited to
situations where:
a. the reserve agent is
convicted of a felony, a misdemeanor, or any wildlife or fishery
violation;
b. the reserve agent
fails to perform as required by his supervising wildlife agent;
c. the reserve agent receives an unfavorable
recommendation from his supervisor;
d. the reserve agent fails to maintain the
minimum insurance coverage as provided in
R.S.
56:69.12. It shall be the responsibility of
the reserve agent to provide proof annually of personal health and injury
insurance. The chief of enforcement shall maintain copies of such insurance in
each reserve agent's file. Insurance information shall be forwarded to the
department's human resources section;
e. the reserve agent fails to comply with any
other rule or requirement the secretary or chief of enforcement may
require;
f. a reserve agent
violates departmental or enforcement division policy;
g. a reserve agent engages in misconduct or
insubordination.
2. It
shall be the responsibility of the regional captain or section supervisor to
monitor and maintain records on all reserve enforcement agents assigned to
perform duties within their respective jurisdictions, insure compliance with
policies and procedures and report through the chain of command of any
violations thereof.
3. The chief of
enforcement shall also maintain a file on all active reserve agents, which
shall include documentation required to maintain active status as a reserve
agent.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:69.13.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.