Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose
1. The purpose of this Section is to
establish rules for the permitting and operation of wildlife
rehabilitators.
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.
C.
Permits
1. It shall be unlawful for any
person to keep, hold or possess in captivity any sick, injured or orphaned
wildlife (except fish) or otherwise engage in wildlife rehabilitation without
first obtaining at no charge, a LDWF Wildlife Rehabilitation Permit (WRP). In
addition to the WRP, a United States Fish and Wildlife Service (USFWS)
rehabilitation permit must be in possession to rehabilitate species covered by
the Migratory Bird Treaty Act or Endangered Species Act.
2. A WRP authorizes the permittee to
transport; temporarily possess; rehabilitate; transfer to a practicing
veterinarian or another wildlife rehabilitator for treatment or euthanasia;
release; or euthanize an injured, diseased, disabled, orphaned or otherwise
debilitated live wildlife specified on their permit. Animals held under a WRP
shall not be displayed for educational purposes or otherwise displayed or
exposed to the public unless that individual animal has been permitted by LDWF
or USFWS for that purpose.
D. Exemptions
1. Employees of the LDWF are exempt from all
state wildlife rehabilitation permit requirements while they are on
duty.
2. Licensed veterinarians are
exempted, provided they are treating an animal under the authorization of a
wildlife rehabilitator or LDWF employee, or are treating an animal taken in
from the public, provided the animal is released into an appropriate habitat or
accepted by a wildlife rehabilitator within 72 hours after receiving.
E. Permit Requirements
1. All applicants must be 18 years of age or
older.
2. Anyone who has been
convicted of a Class II or greater wildlife violation in Louisiana, or the
equivalent in another state within the past five years, or has been convicted
of a felony in Louisiana or another state, shall not be eligible for a
WRP.
3. All applicants must
complete a WRP application, liability release, and financial responsibility
statement.
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. 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.
5. All applicants must provide verification
of having access to veterinary services by submitting a Statement of Veterinary
Support Form provided by LDWF.
6.
All facilities where animals will be housed or maintained will be inspected by
LDWF prior to receiving a WRP.
F. General Rules
1. The WRP will not exempt the holder from
regulations of other state, federal, parish or municipal governments or
agencies.
2. Sale of any animal
held under a WRP is prohibited.
3.
No animal held under a WRP may be used for human consumption, unless
specifically approved.
4. No
Louisiana S1-ranked species may be held under a WRP, without written
authorization from the LDWF Wildlife Division.
5. No animal intended for wildlife
rehabilitation may be imported into or exported out of the state of Louisiana
without written authorization by LDWF Wildlife Division.
6. The WRP does not authorize the possession
of white-tail deer, bears, wild turkeys or alligators unless specifically
stated on the permit.
7. Request
for an Extension
a. WRP holders shall not
possess a non-migratory bird for more than 90 days, other injured wildlife
longer than 45 days, or other orphaned wildlife no longer than required to
prepare the animal for release, but not to exceed 120 days, except that a
permit holder may submit a written request for extension of possession if:
i. the specified animal will likely be
releasable after the time frame listed above but is currently non-releasable
because of biological reasons; or
ii. a licensed veterinarian determines, due
to medical reasons, the animal requires additional rehabilitation
time.
b. All extension
requests should include a proposed release date and be submitted in writing to
LDWF Wildlife Division. The permit holder may continue to house the specified
animal while LDWF is reviewing the request. LDWF will provide a written
response and include specific dates and instructions regarding disposition of
the animal.
8. WRP
holders must ensure that animals are exposed to minimal handling and other
human contact, except as necessary to maintain sanitary conditions, provide
food and water, provide medical care, and prepare the animal for
release.
9. Animals that are
determined medically non-releasable by a licensed veterinarian, exhibit signs
of adjusted life in captivity and pose minimum zoonotic disease potential may
be considered for educational animal designation. A LDWF Special Purpose and
Possession permit application must be submitted to LDWF Wildlife Division by
the end of the 90 day rehabilitation period to be considered for educational
animal status.
10. All WRPs shall
expire on December 31 of the year of issue unless otherwise noted.
11. Permits are non-transferable but may
include up to five listed subpermittees. Subpermittees are authorized to
transport, house, and provide care for animals away from the wildlife
rehabilitation facility. A person caring for animals at the wildlife
rehabilitation facility is not required to be a subpermittee. WRP holders
desiring to add subpermittees, must submit a subpermittee application form.
Subpermittee forms will only be accepted by the LDWF at the original time of
permitting, renewal and during June 1-30 each year. Individuals may be removed
as subpermittees at any time of the year. A subpermittee removal form must be
submitted. All subpermittees:
a. must be 18
years of age or older;
b. are
exempt from the testing requirement but are subject to all other rules
governing WRP holders including animal housing and care requirements;
c. must work under the direction and
supervision of the WRP holder;
d.
may be removed at any time by the supervising WRP holder or LDWF and in such
cases must surrender any animals to the WRP holder or LDWF;
e. must have a valid subpermittee permit on
the premises where animals are housed if animals are housed away from the
supervising WRP holder's facility; and
f. must not transport or possess RVS species
away from the supervising WRP holder's facility.
12. WRP holders are subject to non-renewal or
revocation of their WRP if LDWF determines that any of their listed
subpermittees are not properly supervised or fail to abide by applicable WRP
rules.
13. LDWF provides no
financial or material assistance to wildlife rehabilitators.
14. Euthanasia of any animal held under a WRP
is to be performed under the guidelines adopted by the American Veterinary
Medical Association (AVMA).
15.
Animals held under a WRP shall not be released on private land without written
permission of the landowner or landowner designee. Licensed rehabilitators
shall keep on file for perpetuity, an original document signed by the
landowner, permitting the licensed rehabilitator to release animals upon their
property. This document should include the name, address and phone number of
the landowner, the physical location of the property, the size of the property
(in acres), and the duration of the permission to release rehabilitated animals
there. This document shall be presented upon request for review by LDWF
personnel. A copy of all landowner permission documents shall be submitted to
LDWF with the annual WRP report.
16. Animals held under a WRP shall not be
released on public land without first obtaining written permission from the
governmental entity owning or administering the property.
17. All permitted animals and facilities in
which they are housed shall be maintained within the minimum standards as
provided by the National Wildlife Rehabilitators Association (NWRA) and
International Wildlife Rehabilitation Council (IWRC) publication of Minimum
Standards for Wildlife Rehabilitation.
18. It is strongly recommended that any
wildlife rehabilitator working with rabies vector species receive pre-exposure
rabies immunization.
G.
Reporting and Renewal Requirements
1. All
animals held under a WRP must be fully documented on Wildlife Rehabilitation
Report Form provided by LDWF.
2. A
permanent record of each animal admitted by a permitted rehabilitator must be
maintained. This record should include the name, address, phone number and
email address of the person finding the animal, species, age, sex, date of
admission, treatment performed, method of euthanasia if performed or date and
location of release. These records must be maintained in perpetuity and must be
available for inspection by LDWF personnel.
3. Wildlife Rehabilitation Report Forms for
the permit period must be submitted to the LDWF no later than 30 days following
the expiration of the permit and the WRP 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. Any wildlife
rehabilitator who does not submit his/her report by the thirtieth day after the
expiration date of the WRP, or who submits a false or materially incomplete
report intentionally may 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 wildlife
rehabilitator may be considered for reapplication upon receipt of the late
wildlife rehabilitation 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.
5. Upon expiration of a
WRP and if the WRP has not been renewed, all animals held under the permit must
be disposed of by transferring to a currently licensed WRP, released into the
wild, or euthanized.
H.
Penalties
1. Violations of this Rule
constitute a Class 2 offense.
2.
Violation of these Rules may result in citation and/or revocation of the
WRP.
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.
56:115.