Current through Register Vol. 50, No. 3, March 20, 2024
A. Purpose
1. The purpose of this Section is to
establish regulations for the possession, purchase, and educational exhibition
of Louisiana wildlife to be used in the movie, film, entertainment, and
educational industry. These regulations provide and establish general rules
regarding permit requirements, fees, animal origin, purchase and use of
animals, holding pen specifications, travel enclosure requirements, and
reporting requirements.
B. Definitions
Bill of Sale-an itemized invoice or receipt
on a legitimate business form from a licensed business showing the animal
purchased, the date of purchase, and the signature and contact information for
the person selling the animal
Bona Fide Resident-any person who has
resided in the state of Louisiana continuously during the 12 months immediately
prior to the date on which he applies for this permit and who has manifested
his intent to remain in this state by establishing Louisiana as his legal
domicile as demonstrated with all of the following, as applicable.
a. If registered to vote, he is registered to
vote in Louisiana.
b. If licensed
to drive a motor vehicle, he is in possession of a valid Louisiana driver's
license
c. If owning a motor
vehicle located within Louisiana, he is in possession of a Louisiana
registration for that vehicle.
d.
If earning an income, he has filed a Louisiana state income tax return and has
complied with state income tax laws and regulations.
Department or LDWF-the
Louisiana Department of Wildlife and Fisheries.
Escape Plan-a written plan of actions,
individuals, and equipment to be utilized by the permittee in the event that
any permitted animal escapes from confinement, either at the permanent holding
facility of the permittee, while the animal is in transport, or when the animal
is being utilized in a public venue or at any type of film/entertainment
industry location.
Film/Entertainment Industry-live or recorded
activity or events of a temporary nature involving scripted and/or unscripted
dialogue and/or action for the purpose of amusement, marketing, promoting,
entertainment, or education. Includes audio, video, film, streaming, and live
performances on constructed sets, at studios, or on location. Does not include
rodeos, zoos, or circuses.
Game Breeder-a person who possesses a valid
game breeder permit from LDWF.
Humane Care-care of animals including, but
not limited to, the provision of adequate heat, ventilation, sanitary shelter,
and wholesome and adequate food and water, consistent with the normal
requirements and feeding habits of the animal's size, species, and breed.
Inhumane care includes any act, omission, or neglect, which causes
unjustifiable physical pain, suffering, or death to any living animal.
LDWF-Approved Applicant-an individual who
has had no felony convictions, no major wildlife or fisheries violations during
the past 3 years, who has a minimum of 5 years of verifiable film/entertainment
industry experience, and who is at least 21 years old. Verifiable experience
requires a resume detailing at least 5 years of professional, documented animal
training for film/entertainment industry activities within the previous 10
years.
Louisiana Wildlife-all tetrapod species,
excluding domestic dogs (Canis familiaris) and domestic cats
(Felis catus), with a presently or historically free-ranging,
reproducing population within the state boundary of Louisiana. For migratory
wildlife, timing of reproduction does not necessarily have to occur within
Louisiana to be considered Louisiana wildlife.
Nongame Quadruped Breeder-a person who
possesses a valid nongame quadruped breeder permit from
LDWF.
Permittee-any individual who has obtained a
valid film/entertainment industry permit from LDWF.
Person-unless specifically provided for
otherwise, the term person, for any person
required to be licensed pursuant to this part, shall mean an individual and
shall not include any type of association, corporation, partnership, or other
type of legal entity recognized by law.
Possess-in its different tenses, the act of
having in possession or control, keeping, detaining, restraining, holding as
owner, or as agent, or custodian for another.
Rabies Vector Species-mammalian species
defined by LDWF as potential carriers of the rabies virus including, but not
limited to, raccoons, foxes, coyotes, skunks, and bats.
Subpermittee-person authorized to conduct
activities under the supervisory responsibility of an individual who possesses
a current and valid film/entertainment industry animal permit.
Supervisory Responsibility-to direct actions
and accept responsibility for the actions of a named individual engaged in
film/entertainment industry animal permit activities.
Take-in its different tenses, the attempt or
act of hooking, pursuing, netting, capturing, snaring, trapping, shooting,
hunting, wounding, or killing by any means or device.
Transport-in its different tenses, the act
of shipping, attempting to ship, receiving or delivering for shipment,
transporting, conveying, carrying, or exporting by air, land,
or water, or by any means whatsoever.
C. Permits
1. It shall be unlawful for any person to
keep, hold or possess in captivity any Louisiana wildlife intended for use in
the film/entertainment industry or otherwise solicit or engage in providing
Louisiana wildlife to the film/entertainment industry without first obtaining a
film/entertainment industry animal (FEIA) permit from LDWF.
2. A film/entertainment industry animal
permit authorizes the permittee to transport, possess, trade, barter, or
transfer Louisiana wildlife for any permitted, legal purpose relative to that
animal's film/entertainment industry use, training, or physical welfare.
Except, no rabies vector species may be traded, bartered, or transferred,
either temporarily or otherwise, to any out of state location or
individual.
3. Possession of an
FEIA permit does not exempt the permit holder from other local, state, or
federal permit requirements, including, but not limited to, obtaining a valid
United States Fish and Wildlife Service (USFWS) permit to possess or provide
film/entertainment industry animals which are currently listed in the Migratory
Bird Treaty Act, Bald and Golden Eagle Protection Act, or the Endangered
Species Act.
4. No Louisiana
wildlife species may be possessed by the applicant prior to a FEIA permit being
granted by LDWF, unless those animals were legally and previously possessed by
the applicant.
D. Permit
Requirements
1. Application for a
film/entertainment industry animal permit shall be made on an official
application form provided by the Department of Wildlife and Fisheries. FEIA
permits will expire on December 31 of each year, and a renewal request should
be received by that date.
2. An
applicant for this permit must be a bona fide Louisiana resident who has a
minimum of 5 years of verifiable film/entertainment industry experience, and
who is at least 21 years old. Verifiable experience requires a resume detailing
at least 5 years of professional, documented animal training for
film/entertainment industry activities within the previous 10 years. This
verifiable resume must be submitted as part of the application.
3. An applicant for a FEIA permit must
provide verification of having access to veterinary services provided by a
Louisiana licensed veterinarian by submitting a statement of veterinary support
form provided by LDWF.
4. All
facilities where animals will be housed, maintained, or trained shall be
inspected by LDWF prior to issuance of an initial FEIA permit.
5. 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 FEIA permit.
6. An applicant must possess a U.S.
Department of Agriculture Animal Welfare Act class C license and submit a copy
of this license as part of the application for an FEIA permit.
7. The application must contain a proposed
animal inventory list including species and number of animals to be possessed
under the permit. Once a FEIA permit has been granted by LDWF, the applicant
must submit and maintain a revised, up to date animal inventory list to LDWF
within 48 hours of changes (additions or deletions) to the animal inventory
list, as detailed below.
8. The
application must contain a written escape plan as defined above. The escape
plan shall contain a permanent written log sheet that describes each escape
event.
9. The application must
contain a signed waiver statement holding the Department of Wildlife and
Fisheries and its employees harmless for liability as a result of issuing an
FEIA permit. FEIA permits 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 from any injuries that occur during educational
or entertainment activities relating to the FEIA permit.
E. General Rules
1. This permit is valid only for Louisiana
wildlife species.
2. Potentially
dangerous quadrupeds, big exotic cats, and non-human primates, as listed in
R.S.
56:6 and LAC 76.V.1.115 are specifically
prohibited from being permitted under this permit, and cannot be possessed by
an FEIA permittee.
3. Louisiana
wildlife permitted under these regulations cannot be taken from the wild by the
permittee, and cannot be released back into the wild. Permitted animals must
have been obtained from a licensed trapper, a licensed game breeder, or a
licensed nongame quadruped breeder. The source of each permitted animal must be
verifiable via a bill of sale or sales invoice.
4. Rabies vector species shall be vaccinated
by a licensed veterinarian with a killed rabies vaccine, and proof of such
vaccination shall be retained by the permittee in the permanent records of that
animal. Annual renewal of rabies vaccinations is required for any permitted
rabies vector species animal.
5.
Each permitted animal must have an official health certificate signed by a
Louisiana licensed veterinarian. This health certificate shall reference a
specific microchip identification tag that has been surgically implanted into
the animal by the licensed veterinarian. Veterinary health inspections on any
and all animals possessed under the film/entertainment industry animal permit
must be performed at least annually.
6. Per LAC 76:V.1.113.D.6, no person shall
transport, possess, purchase, or sell any live coyotes or foxes taken outside
the state of Louisiana. Therefore, any live coyote or live fox submitted for
permitting under these film/entertainment industry animal permit regulations
must have been taken from within the state of Louisiana. Proof of Louisiana
origin (bill of sale or sales invoice from a licensed Louisiana trapper or
nongame quadruped breeder) must be kept on file by the permittee during the
life of the animal, and made available for inspection when requested by an
authorized LDWF representative.
7.
Permittee 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 species identification, sex, health and/or implanted microchip
number.
8. Whenever an animal is
present, humane care must be provided in all FEIA facilities,
film/entertainment industry locations and venues, public
entertainment/educational venues, permanent and temporary housing enclosures,
and during transport.
9. Animals
held under this permit may be utilized in the film/entertainment industry,
displayed for educational purposes, or otherwise displayed in a public
entertainment/educational venue provided that the specific animal(s) being
displayed is included in the most current animal inventory list submitted to
LDWF by the applicant. Except, no animal may be used in any type of wrestling,
photography opportunity with a patron, or any activity which allows physical
contact between the animal and the general public.
10. Permitted animals may be displayed at
public entertainment or educational venues by the permitee or his or her
subpermitees outside of a secure enclosure provided that these animals are
under constant control and immediate physical constraint of the permitee or
subpermitee, such constraint precluding any chance of escape or physical
contact, intentional or accidental, with an audience member or individual other
than the permitee or a subpermitee.
11. Holding Pens and Enclosure Requirements
a. FEIA permittees should recognize and
provide for any unique requirements of the species they possess. Permitted
animals must be kept in a sanitary and safe condition and may not be kept or
utilized in a manner that results in the maltreatment or neglect of the
permitted animal.
b. FEIA permitted
facilities and enclosures must provide adequate quantities of palatable food
that is nutritiously sufficient to ensure normal growth and body
maintenance.
c. FEIA permitted
facilities and enclosures must provide adequate water which is fresh,
uncontaminated, and available at all times. Drinking water must be provided in
clean containers on a daily basis, unless the unique requirements of the
permitted animal requires additional drinking water be made available.
Enclosures must have adequate surface water drainage, and hard floor surfaces
must be scrubbed and disinfected as needed.
d. Fecal and food waste must be removed from
enclosures daily and disposed of in a manner that prevents noxious odors and
insect infestations.
e. FEIA
permitted enclosures must provide adequate space for movement, postural
adjustments, and resting places. The pen dimensions and specifications
described herein are minimum requirements for permanent enclosure and exhibit
facilities. These are minimum standards, and the optimum conditions for most
animals would include dimensions several times greater than those cited:
i. waterfowl (ducks, geese, swans and coots
endemic to or migratory through Louisiana):
(a). ducks and coots-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;
(b). geese-150 square feet
per goose;
ii. doves
(order columbiformes endemic to Louisiana 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;
iii. game birds (ringneck pheasant, chukar,
and bobwhite quail endemic to Louisiana), 20 square feet per bird;
iv. hawks, falcons-refer to federal raptor
facilities specifications and LDWF falconry regulations;
v. squirrels (gray, fox, and flying squirrels
endemic to Louisiana):
(a). single animal-3
feet by 3 feet by 4 feet high;
(b).
additional squirrels-add 6 inches per animal to total cage length per
additional animal; enclosures must contain tree trunks, limbs, and vines for
climbing and a nest or den box for sleeping;
vi. rabbits (cottontail and swamp rabbits
endemic to Louisiana):
(a). single animal-6
feet by 3 feet by 3 feet high with gnawing logs and a sleeping den or nest
box;
(b). additional rabbits-add 1
foot per animal to total cage length;
vii. muskrat, opossum, mink-3 feet by 3 feet
by 2 feet high with a den box for sleeping;
viii. nutria, raccoon, skunk-4 feet by 4 feet
by 2 feet high with a den box for sleeping (raccoon and skunk), a dirt mound
for burrow digging (nutria), aquatic habitat for nutria and/or tree branches,
trunks, limbs, and vines for climbing (raccoon);
ix. foxes, bobcats, beavers, otters-10 feet
by 10 feet x 3 feet high with a den box for sleeping (fox and bobcat),
scratching post and elevated perch (bobcat), and appropriate aquatic (swimming)
habitat for beavers and otters;
x.
coyotes-12 feet by 12 feet by 3 feet with a den box for sleeping;
xi. lizards-minimum cage size shall be based
relative to the length of the body and tail, and shall be at least 1.5 times
that length on the longest side, 1 times on its shortest side, and 1.2 times in
height;
xii. snakes-minimum cage
size shall be based relative to the length of the body and tail, and shall be -
that length on its longest side, 1/3 that length on its shortest side and in
height;
xiii. turtles and
tortoises-minimum cage or aquarium size shall be based on straight-line shell
length, and shall be 5 times that length on its longest side, 3 times on its
shortest side, and 2 times in height. Aquaria must contain a basking
platform.
F. Reporting and Renewal Requirements
1. An annual report of activities completed
under this permit shall be required when submitting a request for permit
renewal. This annual report shall be completed on official forms provided for
this purpose by LDWF.
2.
Application for renewal must contain copies of any and all USDA Animal Welfare
Act inspections performed during the previous year. Proof of current USDA class
C license must also accompany renewal application.
3. Certificate of veterinary inspection or
other proof of veterinary health examinations for any and all animals kept
under this permit must be submitted with renewal application.
4. Escape plan log sheet covering the
previous year's activities must accompany renewal application.
5. A report detailing injuries to permitee or
subpermitees involving an animal kept under this permit, or an injury to any
animal kept under this permit during the previous year must accompany renewal
application. Reportable injuries include those occurring during housing at
primary facility, transport, at temporary housing facilities, and during
film/entertainment industry activities. Report must contain narrative
describing circumstances surrounding the injury, identification of remedial
measures, conclusive identification of animal(s) involved, and disposition of
said animals. For the permitee or subpermitees, a reportable injury includes a
bite, scratch, or claw wounding, no matter how minor, or any other type of
injury requiring first aid or more serious medical intervention. For an animal
kept under this permit, a reportable injury is one that causes unjustifiable
physical pain, suffering, or death to any living animal, including, but not
limited to, any wound, bite, broken bone, damage to organ or tissue, or
environment-related stress that requires first aid, veterinary attention,
euthanasia, or removal from availability for use in film/entertainment industry
activities.
6. At least 24 hours
prior to transporting any permitted animal to a film/entertainment industry
venue, public entertainment/educational venue or job location, the FEIA
permittee shall notify LDWF with details of the job or appearance. These
details shall include date, location, type of job, duration of job, travel
times, specific animals involved, the permitee or subpermitee involved, and any
overnight housing/caging facilities to be used. Contact information for the
agent or contractor should also be included.
7. Written notification of any animal escape
must be submitted to LDWF within 48 hours of detection of the escape event. A
copy of the escape log sheet shall be considered proper and sufficient
notification. This notification must include date, time, location, the species
of animal that escaped, a description of actions taken to recover the escaped
animal, and the outcome of the event. Repeated escapes (more than three per
year) may result in suspension of the permit until remedial solutions are added
to the escape plan. Failure to notify LDWF within the 48 hour time frame of any
animal escape may result in immediate and/or permanent loss of this
permit.
8. Once an FEIA permit has
been granted by LDWF, the permittee shall submit and maintain an up to date
accurate written inventory list of animals in possession. This inventory list
shall include species, sex, and microchip number of specific animals that are
actually in possession of the permittee. Individual animals must be
identifiable through microchip implantation. Permitee shall maintain records of
microchip numbers and make such records available to LDWF upon demand. LDWF
must be notified in writing within 48 hours of any changes (either additions or
deletions) to this animal inventory list. Deletions must be justified and
contain the disposition of the animal. Additions must contain a bill of sale
documenting the source of the animal. Alterations to the list of species being
kept by a permitee are subject to approval at the discretion of LDWF, and may
require re-inspection of facilities. Failure to maintain an accurate, up to
date animal inventory list and submit this list to LDWF in a timely basis may
subject the permittee to loss or suspension of this permit.
9. Any injury (bite, scratch, or claw
wounding, no matter how minor, or any other type of injury requiring first aid
or more serious medical intervention), accidentally or otherwise incurred by an
audience member or any individual of the general public, that is caused by an
animal possessed by an FEIA permit holder shall be immediately reported in
writing to LDWF within 48 hours of the occurrence. Such injuries may subject
the permittee to loss of the FEIA permit.
10. Any injury (bite, scratch, or claw
wounding, no matter how minor, or any other type of injury requiring first aid
or more serious medical intervention), accidentally or otherwise incurred by an
audience member or any individual of the general public, that is caused by an
unpermitted animal or an animal that was not specifically listed in the
permittee's most recent animal inventory list, may result in immediate and
permanent loss of this permit.
11.
Any unreported injury (bite, scratch, or claw wounding, no matter how minor, or
any other type of injury requiring first aid or more serious medical
intervention), accidentally or otherwise incurred by an audience member or any
individual of the general public, that is caused by a permitted or unpermitted
animal may result in immediate and permanent loss of this permit and possible
criminal prosecution.
G.
Penalties for Violation
1. Unless another
penalty is provided by law, violation of these regulations will be a class two
violation as defined in title 56 of the Louisiana Revised
Statutes. In addition, upon conviction for violation of these
regulations, the FEIA permit associated with the facility or permittee may be
revoked, and all animals housed within the facility may be seized by LDWF and
forfeited.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:105(A).
