Current through Register Vol. 50, No. 9, September 20, 2024
A. This
commission regulation established general requirements, minimum pen
specifications and animals that will be permitted under the game breeder's
license to read as follows.
B.
Minimum Pen Specifications and Requirements for Game Quadrupeds and Birds. The
pen dimensions and specifications described herein are minimum requirements for
permanent exhibit and commercial facilities. It must be emphasized that these
are minimum standards and the optimum conditions for most animals would include
dimensions several times greater than those cited. Game breeders should also
recognize and provide for any unique requirements of the species they possess.
In addition to the following pen specifications, all pens must have adequate
sanitation as well as appropriate feeding and watering facilities.
1. Waterfowl (ducks, geese, swans and coots
endemic to North America)
a. Ducks and Coots
i. Exhibit Purposes-100 square feet with 25
percent in water area for up to four birds; increase pen size by 25 square feet
for each additional bird with one-fourth of this increase being in water
area.
ii. Commercial Operation-up
to 6 weeks old; 1 square foot per duck; over 6 weeks old; 3 square feet per
duck.
b. Geese-150
square feet per goose.
2. Doves (order columbiformes endemic to
North America except rock dove, i.e., domestic pigeon)
a. Single Bird-3 feet by 2 feet by 5 feet
high.
b. Community Group-large
enough to fly or at least 8 feet in diameter.
3. Game Birds (ringneck pheasant, chukar, and
various quail, grouse and partridge endemic to North America)
a. Exhibit Purposes-20 square feet per
bird.
b. Commercial Operation:
i. quail: 1-10 days old-9 chicks per square
foot; 10 days-6 weeks old-6 chicks per square foot; 6 weeks and older-3 birds
per square foot; 1 breeding pair per square foot;
Note: If only pharaoh quail are to be kept, then the game
breeder's license is not required.
ii. pheasants and chukar, grouse and
partridge- 1-10 days old-6 chicks per square foot; 10 days-6 weeks old-4 chicks
per square foot; 6-14 weeks old-1 bird per 4 square feet; 1 breeding pair per 8
square feet.
4. Wild Turkeys* (license will not be
issued). It is unlawful to take from the wild or possess in captivity any live
wild turkeys or their eggs. No pen-raised turkeys from within or without the
state shall be liberated (released) within the state.
5. Hawk, Falcons. Refer to federal raptor
facilities specifications.
6.
Squirrels (gray, fox, red, flying and others endemic to North America)
a. Single Animal-3 feet long by 3 feet wide
by 4 feet high.
b. Additional
Animals-add 6 inches more in length per additional animal; several limbs, nest
box.
c. Due to the inherent
tendency of these animals to bite people, it is further required that
applicants provide a certificate of good health from a licensed veterinarian
stating that the squirrels do not show symptoms of rabies.
7. Rabbits (cottontail, swamp and wild hares
endemic to North America)
a. Single Animal-6
feet long by 3 feet wide by 3 feet high; gnawing logs; den or
retreat.
b. Additional Animals-add
1 foot in length per animal.
8. Whitetail Deer or Other North American
Deer
a. Except as specified herein, licenses
will not be issued. Licenses will not be issued unless pens are completed and
complete applications are received in the Wildlife Division Baton Rouge Office
by 4:30 p.m. October 4, 2002. Pens must be inspected before a license will be
issued. If at the time of inspection, pens do not meet the requirements of this
rule, a license will not be issued and the application will not be
reconsidered. Persons with valid licenses issued prior to this prohibition will
be "grandfathered" and licenses may be renewed if all requirements are met.
Licenses cannot be transferred beyond immediate family (father, mother,
brother, sister, husband, wife, son and daughter). A license may be transferred
to an immediate family member only if the pen remains in the original location.
Qualified zoos, educational institutions and scientific organizations may be
exempted on a case by case basis.
b. No license will be issued in metropolitan
or urban areas. A rural environment is required to keep these animals.
Qualified zoos, educational institutions and scientific organizations will be
exempted on a case by case basis.
c. Single Animal-5,000 square feet paddock or
corral (for example-50 feet wide x 100 feet long); increase corral size by
2,500 square feet for each additional animal; shelter required. Pen site must
be well drained so as to prevent extended periods of standing water.
d. Materials-Chain link or other satisfactory
woven wire, 12 gauge minimum, 8 feet high minimum. Welded wire is not
acceptable.
e. Licensed game
breeders are required to report all deaths of deer to a regional Wildlife
Division Office within 48 hours of the time of death and preserve the carcass
as instructed by the Wildlife Division, but are encouraged to report the death
sooner if possible.
9.
Elk* (license will not be issued). Single Animal-5,000 square feet paddock or
corral; increase corral size by 50 percent for each additional animal; barn,
shaded or protected area attached to or adjoining corral fence, 9 gauge chain
link or woven wire; 8 feet high. Welded wire is not acceptable.
a. Regulation of elk is under jurisdiction of
the Louisiana Department of Agriculture and Forestry by Act 41 of the 1992
Legislative Session.
* NOTE: Valid game breeder's license holders for these
species legally possessed prior to October 1, 1988, will be "grandfathered" and
renewed annually until existing captive animals expire, or are legally
transferred out of state or to a suitable public facility. No additional
animals may be acquired. This position by the department is necessary due to
the ability of these animals to cause serious physical injury to the owner or
other innocent bystanders and/or their potential to transmit disease to
wildlife or livestock. Qualified educational institutions, municipal zoos or
scientific organizations will be exempted to this provision on a case-by-case
basis.
10. Other
Game Quadrupeds and Birds. Other game quadrupeds and birds endemic to North
America may not be kept without approval of the Wildlife Division. Pen
specifications for animals not listed will be developed by the Wildlife
Division as needed.
C.
General Requirements
1. General Rules
a. Game quadrupeds and birds cannot be taken
from the wild, nor can domesticated game quadrupeds or birds be released into
the wild except as provided on licensed hunting preserves, and as provided by
valid bird-dog training permit, field trial permit or federal falconry
permit.
b. Game breeders can only
keep those classes of animals for which they have been approved. If an
applicant desires to keep additional classes of animals, the facilities for
those animals must be approved prior to obtaining the new animals.
2. Application Requirements
a. A game breeder's license must be issued
before any game quadrupeds (deer, rabbits, squirrels, etc.) are obtained. In
the case of game birds, waterfowl, or doves a buyer has 30 days after
acquisition of the first bird to either apply for a license or slaughter all
the birds. In either case, the buyer must possess a valid bill of sale
containing the seller's permit number, date of sale, and number of birds sold.
The buyer cannot resell live birds until a game breeder's license is obtained.
If the application for a game breeder's license is denied, the applicant must
dispose of any birds in possession as instructed by the department.
b. An applicant or licensee must comply with
pen specifications. Applicants for waterfowl, doves, game birds, squirrels and
rabbits must submit a form verifying their facilities meet or exceed the
described pen specifications. Their facilities may require inspection at the
biologist's discretion. All pens built for raising deer, birds of prey and
potentially dangerous animals are required to be inspected prior to issuance of
a license.
c. All applicants for a
game breeder's license for deer and potentially dangerous animals must submit:
i. a signed waiver statement holding the
Department of Wildlife and Fisheries and its employees harmless for liability
as a result of issuing a game breeder's license. Licenses will only be issued
to those applicants who are willing to accept full responsibility and liability
for any damages or injuries resulting from their animals or activities as a
licensed game breeder of domesticated wildlife in Louisiana;
ii. a written plan of action for the
recapture of an escaped animal must be submitted and approved by the department
before the application is processed. The plan of action should include:
(a). equipment;
(b). personnel;
(c). recovery techniques; and
(d). method of mitigation payments for
damages caused by the escaped animal.
d. This information is necessary because the
Department of Wildlife and Fisheries will not provide these
services.
3. Records and
Inspections
a. All applicants and licensees
are required to have a bill of sale for each animal acquired. Except for sales
of game birds, waterfowl, or doves of 10 or fewer birds per buyer, per 24-hour
period, license holders must keep records of all animals sold or transferred
including names and addresses of persons to whom they were sold or transferred.
An annual report detailing animals in possession and all transactions must be
submitted annually with license renewal application.
b. License holders must allow inspections of
premises by Department of Wildlife and Fisheries employees for purposes of
enforcing these regulations. Inspections may be unannounced and may include but
are not limited to, pens, stalls, holding facilities, records, and examination
of animals as necessary to determine health and/or identification of
species.
4. Hunting.
Hunting or killing of confined deer or other big game animals held under a game
breeder's license by individuals other than the licensee must conform to all
hunting regulations including season and hunting license requirements for the
area in which the animals are confined. A game breeder licensee may at any
time, during daylight hours, kill a confined deer or other big game animal at
the licensee's own facility.
5.
Administrative Fees. An inspection fee of $50 will be assessed when a pen is
inspected as part of the application process as required for birds of prey,
deer and potentially dangerous animals. A license renewal processing fee of $5
will be assessed annually. These fees are in addition to the $25 required for
the game breeder's license.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:171.