Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part V - Wild Quadrupeds and Wild Birds
Chapter 1 - Wild Quadrupeds
Section V-127 - Nuisance Wildlife Control Operator Program
Universal Citation: LA Admin Code V-127
Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose
1. The purpose of this Section is to
establish guidelines for the permitting of Nuisance Wildlife Control Operators
(NWCO's) and the procedures to be used by the NWCO's in controlling nuisance
wildlife.
2. NWCO's are defined as
individuals who offer commercial services for the control of nuisance
wildlife.
B. Permits
1. All NWCOs must have a valid NWCO permit
issued by the Louisiana Department of Wildlife and Fisheries (LDWF) in their
possession while engaged in nuisance wildlife control activities. NWCO permits
are issued only to individuals and each individual engaged in NWCO activities
must possess a NWCO permit issued in his/her name. This rule does not provide
for or authorize any NWCO to name a subpermittee.
2. In addition to the NWCO permit, all NWCOs
must possess a valid Louisiana trapping license and valid Louisiana basic
hunting license (or equivalent) in their possession while engaged in nuisance
wildlife control activities. Additionally, any NWCO servicing non-protected
reptile and amphibian nuisance calls must possess a valid basic fishing license
or equivalent.
3. NWCO permits will
be issued on a calendar year basis (January 1-December 31) and must be renewed
annually.
C. Permit Requirements
1. All applicants must be 18
years of age or older.
2. The
applicant must achieve a minimum score of 80 percent on the LDWF NWCO
examination. The examination shall consist of questions relating to wildlife
biology and behavior, nuisance animal control methods and procedures, and
nuisance wildlife control laws, rules and regulations. Any applicant who fails
to pass the examination may take another examination no earlier than 30 days
from the date of the prior examination. Applicants may not attempt to take the
NWCO examination more than three times per calendar year.
3. Anyone who has been convicted of a Class
II or greater wildlife violation in Louisiana, or the equivalent in another
state within the past three years, or has been convicted of a felony in
Louisiana or another state, shall not be eligible for a NWCO permit. Also, any
person whose hunting or trapping license privileges have been revoked and is
prohibited from hunting and trapping in Louisiana shall not be allowed to
possess or operate under the authority of a NWCO permit.
4. All applicants must attend a LDWF
sponsored NWCO training class prior to or within 6 months of receiving their
permit. A class registration charge may be applied. Those NWCOs with valid
permits at the time this rule becomes effective will have one year from the
effective date of amended regulations to complete the training class
requirement. All NWCOs are required to attend six hours of LDWF approved
continuing education every three years after attending the NWCO training class.
Failure to attend the training class or obtain the six hours of LDWF approved
continuing education every three years will result in revocation of the NWCO
permit.
D. Exemptions
1. Employees of the Louisiana Department of
Wildlife and Fisheries, Louisiana Department of Agriculture and Forestry,
Louisiana Department of Transportation and Development, U.S. Fish and Wildlife
Service, and USDA/APHIS/Wildlife Services are exempt from all NWCO permit
requirements while they are on duty and carrying out official business of their
respective agency. Also, city, parish, or local municipal government employees
assigned to animal control duties are exempt from permit requirements while on
duty and carrying out official business of their respective agency. It is
recommended that exempted agencies adopt a policy requiring euthanasia of all
skunks, raccoons, feral hogs, coyotes, and nutria. Animals that are not
euthanized may not be released on LDWF owned or managed land such as wildlife
management areas or refuges and may not be sold, bartered or
exchanged.
E. Reporting and Renewal Requirements
1. All nuisance
wildlife complaints that result in a site visit by a NWCO must be fully
documented on Nuisance Wildlife Complaint Forms or in a format provided by
LDWF.
2. Nuisance Wildlife
Complaint Forms for the permit period must be submitted to the LDWF no later
than 30 days following the expiration of the permit and NWCO permits will not
be renewed until these forms are received. Reports will cover the period from
December 1 of the prior license year to November 30 of the current license
year. However, the 30 day grace period that follows expiration of the NWCO
permit, applies to report filing only and does not authorize NWCOs to engage in
nuisance wildlife control activities without a current NWCO permit.
3. Any NWCO who does not submit his/her
report by the 30th day after the expiration date of the permit, or who submits
a false or materially incomplete report shall be issued a citation for
violation of Louisiana Wildlife and Fisheries Commission rules and regulations.
If the citation does not result in a conviction, plea of guilty, or plea of no
contest, the NWCO will be considered for reapplication upon receipt of the late
Nuisance Wildlife Complaint Form(s).
4. Report forms must be current and shall be
available for inspection at all times by Wildlife Enforcement Agents or any
other authorized representatives of the department. NWCOs must maintain copies
of all Nuisance Wildlife Complaint Forms for three years.
F. Procedures and Guidelines
1. The NWCO permit authorizes the holder to
capture, euthanize or relocate designated species of wildlife by safe and
effective means at any time of the year and without limits provided the
operator is acting on a valid, documented wildlife complaint.
2. The following procedures and guidelines
for NWCO permittees shall be in effect to establish what species of wildlife
may be taken under the authority of this permit, the legal methods that may be
used to take nuisance wildlife under the authority of this permit, and the
legal methods of disposing of nuisance wildlife.
a. Only wildlife damage or nuisance
complaints affecting humans and/or their property are considered valid
complaints. Complaints involving conflicts between two or more species of
wildlife are not valid nuisance wildlife complaints.
b. NWCO permittees are only authorized to
live trap and relocate, live trap and euthanize, or lethally trap the following
species when such action is warranted by a valid nuisance wildlife complaint:
armadillo, beaver, bobcat, coyote, feral hogs, fox, mink, muskrat, nutria,
opossum, otter, rabbit, raccoon, squirrel (including flying squirrel) and
skunk. NWCO permittees are only authorized to live trap and relocate, live trap
and euthanize, or lethally trap reptiles and amphibians that are not protected
by federal law. Nuisance birds may be controlled as provided by existing law.
Bats may be controlled by exclusion or by capture and relocation only. Bats
shall not be controlled by any lethal methods. It is recommended all NWCOs
working with bats complete the Bat Conservation International (BCI)
professional excluders' course available on-line.
c. The NWCO permit does NOT authorize the
capture and/or handling of white-tailed deer, bears, wild turkeys or
alligators.
d. The sale, trade,
barter, gifting or retention of any wildlife or part thereof taken under the
authority of a NWCO permit is prohibited except that furbearers taken during
the open trapping season may be sold as provided by law. Additionally,
individuals wishing to trap coyotes outside of open trapping season may do so
with the purchase of an annual special permit which may be issued to a
Louisiana Department of Wildlife and Fisheries approved applicant for the
trapping of coyotes only, outside of the annual trapping season. In order for
the permittee to sell live coyotes he must also possess a nongame quadruped
breeders license (R.S. 56:262.1) and a valid trapping license.
e. NWCO permittees must follow all state and
federal laws, rules and regulations that apply to the taking of wildlife, with
the exception of season dates and bag limits, except as otherwise provided in
this section.
f. All wildlife taken
under a NWCO permit shall be taken and disposed of in a manner to ensure safe
and effective handling and/or euthanasia. Acceptable carcass disposal options
include deep burial (four feet), incineration, and sanitary landfills. Disposal
of carcasses must be in compliance with all local codes and ordinances.
Euthanasia of a captured animal is to be performed under the guidelines adopted
by the American Veterinary Medical Association (AVMA).
g. Traps or other capture devices set for
live capture (including leg hold traps) shall be checked a minimum of once
every 24 hours and all animals removed. Traps intended to result in immediate
death must be checked a minimum of once every 48 hours. All traps and other
capture devices shall be marked with permanent tags bearing the telephone
number and LDWF issued permit number of the NWCO.
h. Only legal methods of take, as provided by
existing law, shall be authorized under the NWCO permit. In addition to legal
traps and snares, nets and capture by hand are authorized.
i. All traps and other capture devices shall
be set in a manner that:
ii. will
minimize the risk to non-target animals;
iii. will minimize the risk to the public and
to pets; and
iv. are out of the
view of the general public.
j. The NWCO permit does not authorize the use
of firearms, except that nutria, beaver, coyotes, armadillos and feral hogs
where legal, may be taken as provided by existing law. Firearms may also be
used in accordance with the American Veterinary Medical Association (AVMA)
guidelines on euthanasia. Discharge of any firearms shall be subject to all
state, parish and municipal restrictions and ordinances.
k. When relocation is authorized, the NWCO
may have the wildlife in possession for no more than 24 hours unless
specifically authorized by the department.
l. Wildlife that is relocated shall be
released at least five miles outside of any city limit and must be released
within the state of Louisiana.
m.
Wildlife shall not be released on private land without written permission of
the landowner or landowner designee.
n. Wildlife shall not be released on public
land without first obtaining written permission from the governmental entity
owning or administering the release property.
o. Captured wildlife that appears to be sick
or injured shall not be relocated. NWCOs must contact the appropriate LDWF
regional office for instructions regarding sick wildlife. Injured animals may
be delivered to a licensed rehabilitator or euthanized in accordance with AVMA
guidelines.
p. Raccoons, skunks,
feral hogs, coyotes and nutria shall not be relocated and shall be euthanized,
within 12 hours of capture, in accordance with the current AVMA guidelines on
euthanasia.
AUTHORITY NOTE: Promulgated in accordance with the Louisiana Constitution, Article IX, Section 7, R.S. 56:1, R.S. 56:5, R.S. 56:6 (10) and (15), and R.S. 56:112 et seq.
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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