Current through Register Vol. 50, No. 9, September 20, 2024
A.
Purpose
1. The purpose of this Section is to
establish regulations concerning the use of aircraft to aid in the control of
feral hogs. The regulations provide and establish general rules regarding
permit requirements, reporting requirements, landowner authorization, and
safety training.
B.
Definitions
Aerial Hog Control Permit-a permit issued by
LDWF to locate, pursue, take, harass, or kill feral hogs by using an
aircraft.
Applicant-An individual, partnership, or
corporation who files an application for an aerial hog control permit.
Department or LDWF-the
Louisiana Department of Wildlife and Fisheries.
Gunner-an individual who uses a firearm to
shoot or attempt to shoot feral hogs pursuant to an aerial hog control
permit.
Landowners Authorization-signed consent from
the landowner or the landowners agent.
Observer-any person other than the pilot or
gunner who is on board an aircraft while feral hog control. measures are being
taken pursuant to an aerial hog control permit.
Permittee-any individual who has obtained a
valid aerial hog control permit.
Pilot-an individual who pilots an aircraft
to locate, pursue, take, harass, or kill feral hogs pursuant to an aerial hog
control permit.
Possess-in its different tenses, the act of
having in possession or control, keeping, detaining, restraining, holding as
owner, or as agent, bailee, or custodian for another
Qualified Landowner or Landowner's
Authorized Agent-a person who contracts to be a gunner or observer and
who has not:
a. been convicted of a
class II or greater wildlife violation in Louisiana, or the equivalent in
another state within the past five years;
b. been convicted of a felony in Louisiana or
another state; or
c. been convicted
of a violation of 16 U.S.C.
§
3371 -
3378 (the Lacey Act).
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.
C. Permits
1. An aerial feral hog control (AFHC) permit
authorizes the permittee to utilize a helicopter to locate, pursue, take,
harass, or kill feral hogs.
2. It
shall be unlawful for any person to use a helicopter to locate, pursue, take,
harass, or kill feral hogs without an AFHC permit.
3. Possession of an AFHC permit does not
exempt the permit holder from other local, state, or federal rules, laws, or
permit requirements.
4. Permits are
not transferrable.
D.
Permit Requirements
1. Application for an
aerial feral hog control (AFHC) permit shall be made on an official application
form provided by the department. AFHC permits will be valid for the calendar
year in which issued and will expire on December 31 of each year
2. A permit may be issued in the name of an
individual, partnership, or corporation for named pilots to locate, pursue,
take, harass, or kill feral hogs by the use of an aircraft.
3. Application for a permit shall include:
a. name, address, and phone number of
applicant;
b. if applicant is an
individual, the birth date, federal aviation administration (FAA) certificate
number, and drivers license number of the applicant;
c. name, address, drivers license number, FAA
license number, and date of birth for each individual pilot; and
d. make, model, color, and registration
number of each aircraft to be used.
4. 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, has been convicted of a felony in Louisiana
or another state, or been convicted of a violation of
16 U.S.C. §
3371 -
3378 (the Lacey Act) shall not be
eligible for an AFHC permit.
5. 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 AFHC permit. AFHC permits will only be issued to those applicants
who are willing to accept full responsibility and liability for any damages or
injuries that occur during or as a result of activities related to the AFHC
permit.
E. Landowners
Authorization
1. Prior to participation in
permitted activities, a permit holder must submit to LDWF a landowners
authorization form (LOA) for each contiguous and noncontiguous piece of
property on which feral hog control activities will be performed.
2. A landowner's authorization form will be
made on an official application form provided by the department and shall
include:
a. the name, mailing address,
driver's license number, and phone number of the landowner;
b. the name, mailing address, driver's
license number, and phone number of the authorized landowners agent, if
applicable;
c. the name and permit
number of the permittee;
d. a
description and specific location of the property, including acreage;
and
e. justification for why feral
hogs should be controlled by use of a helicopter.
3. A landowners authorization for feral hog
control will be valid for the duration of the permit, unless:
a. that permit expires without renewal or is
revoked;
b. the landowners
authorization specifies a time limit; or
c. the landowner requests in writing to LDWF
and the permittee that authorization be withdrawn.
4. A single LOA form may be submitted by a
group of landowners or by an association on behalf of such landowners. In the
case of a group submission, the landowners authorization form must have an
attached list of participating landowner names, phone numbers, mailing
addresses, physical addresses of the properties, and acreages for each
participating landowner. The justification for control will be for the entirety
of the properties listed on the form.
5. Property outlined in an LOA must exceed
1000 acres to be eligible for feral hog control activities under an AFHC
permit.
6. If a LOA is approved by
LDWF, a unique control number will be issued to identify the property and LOA
in permit activities.
7. AFHC
permit activities may not commence on a property until a LOA control number has
been assigned by LDWF and received by the permittee.
F. Landowners Authorization to Appoint
Subagents
1. A permittee may contract with a
qualified landowner or landowners authorized agent to act as a gunner or
observer in the location, pursuit, taking, harassing or killing of feral hogs
from a helicopter, provided that the permittee possesses a valid, properly
obtained LOA describing the activity.
2. A landowner with a valid LOA number can
allow an AFHC permit holder to appoint subagents to act as gunners or observers
during permit activities, provided that the landowner or the landowners
authorized agent has completed a landowners authorization to appoint subagents
(LAAS) form. Such forms shall be made on an official application form provided
by the department and shall include:
a. the
name, mailing address, and phone number of the landowner;
b. the name, mailing address, and phone
number of the authorized landowners agent, if applicable;
c. the name and permit number of the
permittee;
d. LOA number;
e. physical address of the property
referenced by the LOA number;
f.
signatures and dates of agreement to the terms by the landowner or landowners
authorized agent and the permittee; and
g. time limit for the LAAS, if
desired.
3. LAAS forms
will be valid for the duration of the permit, unless:
a. that permit expires without renewal or is
revoked;
b. if the LAAS specifies a
time limit; or
c. if a landowner
requests in writing to the permittee that authorization be withdrawn.
4. AFHC permit holders will be
responsible for completion of LAAS forms, and will maintain completed LAAS
forms in perpetuity.
5. LAAS forms
will be made available for inspection upon demand by LDWF personnel.
F. General Rules
1. A holder of an AFHC permit is authorized
to engage in feral hog control by the use of an aircraft only on land described
in the landowners authorization (LOA).
2. The AFHC permit shall be carried in the
aircraft when performing feral hog control activities using an
aircraft.
3. The permit is only
valid for the taking of feral hogs from a helicopter. Taking any wildlife or
animals other than feral hogs is strictly prohibited.
4. A pilot of an aircraft used for feral hog
control must maintain a daily flight log and report as detailed below. The
daily flight log must be up-to-date and made available for inspection upon
demand of LDWF employees.
5. A
pilot of an aircraft must possess and maintain a valid pilots license as
required by the FAA.
6. All pilots
and permittees must comply with FAA regulations for the specific type of
aircraft listed in the permit.
7.
The permit holder may only use an aircraft to take feral hogs that are causing
verifiable damage to land, structures, crops, water, or livestock, domestic
animals, or human life.
8. An AFHC
permit holder may only take feral hogs that are located on property outlined in
the LOA. It is prohibited to fire shots over property not included in the LOA.
It is prohibited to fire upon, haze, harass, or track any animals, including
feral hogs, located on property not listed in the LOA.
9. Any activities performed under this permit
must occur during daylight hours, from one half hour before official sunrise to
one half hour after official sunset.
10. An AFHC permit is not to be used for
sport hunting.
11. All observers
and gunners must successfully complete a four hour safety training held by the
permittee prior to participating in AFHC permit activities. Safety training
must include aspects of:
a. aircraft safety
procedures;
b. target and
non-target animal identification;
c. firearm safety;
d. emergency procedures.
12. Attendance at a safety training course
will allow a gunner or observer to participate in AFHC permit activities for 90
days after successfully completing the class.
13. Permittee must report violations of these
regulations by pilots, observers, gunners, or ground personnel during AFHC
activities to LDWF within 24 hours of occurrence of the violation.
14. Any unreported violation of AFHC
regulations by a pilot, gunner, or observer may result in immediate and
permanent loss of this permit and possible criminal prosecution.
G. Reporting and Renewal
Requirements
1. A report of activities
completed under this permit shall be required within 30 days of the end of each
calendar quarter. Additionally, a report of activities completed under this
permit shall be required when submitting a request for permit renewal or upon
termination of the permit. This report shall be completed on official forms
provided for this purpose by LDWF, and consist of daily flight log sheets,
showing:
a. name, permit number, and signature
of permit holder;
b. number of
feral hogs managed under the permit;
c. landowners authorization control number
issued by LDWF;
d. dates of
flight;
e. time of day an
authorized flight begins and is completed;
f. type of management taken by use of
aircraft;
g. name, pilots license
number, and signature of pilot;
h.
name and address of gunner(s) and observer(s);
i. date that safety training was successfully
completed by observer(s) and gunner(s).
2. Application for renewal of an AFHC permit
must be submitted to LDWF no later than 45 days prior to expiration of the
permit and AFHC permits will not be renewed until all renewal requirements are
received.
3. If no flights were
taken during the calendar quarter, a negative daily flight log and report must
be submitted to LDWF.
H.
Penalties for Violation. 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 AFHC permit associated with the
permittee may be revoked.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:112(B).