Current through Register Vol. 50, No. 9, September 20, 2024
A. As
provided by
R.S.
56:651, the department may issue a license to
operate hunting preserves. Hunting preserves are to be operated under the
following regulations.
1. Application
Requirements
a. Application shall be made in
writing on forms provided by the department.
b. Applicant must provide proof of ownership
or verification of exclusive hunting rights from the landowner of the property
the hunting preserve is to be operated. This is to be returned with the
application.
c. All applicants,
including applicants for renewal as required by the department, must provide a
written operational plan detailing the type(s) of birds to be released, the
methods(s) and time of release, and location(s) of release. A description of
hunting activities that occur or are likely to occur on the preserve and
surrounding property must also be included. In the case of hunting preserves
approved to utilize mallards, a map must be included in the operational plan
which indicates the release site, water areas, and shooting areas. A license
will not be issued until the operational plan has been approved by the
department. Deviation from the approved operational plan is permitted only with
written consent of the department.
d. The department may revoke/deny any hunting
preserve license for failure to comply with any fish or wildlife laws, for
reasons relating to disease or public health, for deviation from an approved
operational plan, or for failure to abide by the rules and regulations
established for this hunting preserve program. Revocation/denial shall be for a
minimum of one entire hunting preserve season.
e. New applications must be received prior to
August 1 for operation during the forthcoming hunting preserve
season.
2. Suitability
of Area for Use as a Hunting Preserve
a. No
license for a hunting preserve shall be issued until an on-site investigation
has been completed by the department and the department has determined that the
property is suitable for the purpose of the proposed hunting preserve. The
department shall base its determination on whether or not the proposed shooting
area will cause conflicts with wild migratory game bird hunting, or be in
violation of state and federal regulations concerning the feeding of migratory
waterfowl or the use of live decoys, that the establishment of the shooting
area will be in the public interest, and that the operation of a hunting
preserve at the location specified in the application will not have a
detrimental effect upon wild migratory or resident game birds.
b. No license shall be issued for any hunting
preserve situated on a marsh, lake, river or any other place where there are
concentrations of wild waterfowl or if its operations are likely to result in
attracting such concentrations of wild waterfowl.
c. No hunting preserve using mallards shall
be located within five miles of any wildlife area with significant waterfowl
concentrations owned or leased by the state or federal government or by
non-profit conservation organizations.
d. Licenses for hunting preserves using
mallards will not be issued in the coastal zone, defined as that area south of
I-10 from the Texas state line to Baton Rouge, south of I-12 from Baton Rouge
to Slidell and south of I-10 from Slidell to the Mississippi state
line.
e.
i. No license shall be issued for the use of
pheasants on any hunting preserve situated within areas with medium to high
turkey populations. Except, a conditional license for the use of pheasants may
be issued provided the applicant/licensee agrees to and adheres to the
following.
(a). The pheasant flock must be
free of Heterakis gallinarum, the vector for
Histomonas meleagridis which can cause blackhead disease in
wild turkeys.
(b). Department
biologists or other authorized personnel must be granted access to all pheasant
pens without advance notice to collect biological samples for Heterakis
gallinarum testing.
(c).
If greater than 10 percent of the samples indicate the presence of
Heterakis gallinarum, pheasant releases must immediately stop
and cannot resume until the flock is treated and subsequent testing by the
department indicates that no greater than 10 percent of the samples are
positive for Heterakis gallinarum.
(d).Use of drugs to control Heterakis
gallinarum must adhere to drug withdrawal times as established under
federal guidelines.
ii.
In areas with low turkey populations and low potential for expansion, pheasants
may be used without condition. This determination will be made at the local
level by a department biologist in consultation with the wild turkey program
leader.
f. The licensee
is responsible for notifying the department of changes in activities or
conditions that may affect the suitability of the property for a hunting
preserve. If at any time, the department determines that activities or
conditions on the hunting preserve or surrounding property make the property
unsuitable for a hunting preserve, or that continued operation of the hunting
preserve is not consistent with these regulations, the department may
immediately revoke the hunting preserve license, or require modification of the
operational plan.
g. Applicants and
licensees are advised that hunting preserve licenses are issued following a
review and recommendations by department staff. Licenses are issued on an
annual basis for a 12-month term only. Changing conditions, including those
such as climatic, biological, and land use, which may be beyond the control of
the applicant/licensee, may result in certain applications not being granted,
or licenses not being renewed. Annual renewal of hunting preserve licenses
cannot be assured and applicants/licensees are cautioned to take these factors
into consideration when making any investments or commitments which may relate
to the continued issuance of a hunting preserve license.
3. Types of Releases Allowed
a. The use of mallards on hunting preserves
is limited to those operations whereby domestic mallards are released in a
controlled fashion to proceed over positioned shooters in their flight path. No
direct releases of any species of domesticated waterfowl into the wild for any
sporting purposes or for any reasons are permitted within the state.
b. Quail may be released after September 1 on
hunting preserves for the purpose of providing coveys for hunting. Pheasants
and chukars may not be released on hunting preserves more than one day prior to
a scheduled hunt. No direct releases of domesticated game birds, including but
not limited to quail, pheasants and chukars, into the wild for purpose of
population establishment are permitted within the state.
c. All quail and mallards must be banded in
accordance with
R.S.
56:654(4) prior to
release.
4. Inspection
of Permitted Areas and Domesticated Game Birds
a. Applicant must provide proof that the
birds to be released originated from a source flock participating in the
National Poultry Improvement Plan (NPIP) within 365 days prior to release and
have not been in contact with birds from non-NPIP sources.
b. The premises of game bird production
facilities and/or holding pens may be inspected by the department or by a
designated agent for assessment of health of birds and sanitation of
facilities. General pen requirements must conform to those adopted by the
Louisiana Wildlife and Fisheries Commission for game breeders.
c. Accurate records of animal husbandry and
mortality must be maintained at production/holding facilities and will be
subject to periodic inspection by the department.
d. Every person who brings or causes to be
brought into this state live domestically reared game birds for shooting
purposes must comply with Livestock Sanitary Board regulations on livestock,
poultry, and wild animals (R.S. 7:11705, 11767 and 11789). A copy of the health
certificate must also be forwarded to the Department of Wildlife and Fisheries
within 10 days for each shipment of birds. Any shipment of birds not
accompanied by a health certificate shall be destroyed or returned to the place
of origin by the importer at his sole cost and responsibility.
5. Hunting Licenses Requirements.
A basic hunting license or hunting preserve license is required of all persons
hunting on hunting preserves. In addition, a Louisiana Waterfowl Hunting
License (formerly known as a state duck stamp) is required as provided by law
of all persons taking or hunting mallards on any hunting preserves.
6. Season Dates. The season during which
shooting will be permitted shall be set by the Louisiana Wildlife and Fisheries
Commission. The current season is fixed for the period of October 1 through
April 30.
7. Shooting Hours.
Shooting hours for hunting preserves shall be set by the Louisiana Wildlife and
Fisheries Commission. The current hours are one-half hour before sunrise to
sunset.
8. Methods of take:
a. shotguns 10 gauge or smaller capable of
holding no more than three shells in the magazine and chamber combined;
nontoxic shot is required for hunting mallards on hunting preserves approved
for use of mallards;
b.
muzzle-loading shotguns;
c.
falconry;
d. archery
equipment.
B.
Existing state laws
R.S.
56:651-659 and federal law 50 CFR 21:13 address
bird banding, bird identification, bird transportation, reports and records and
other issues. Compliance with these state and federal laws are mandatory.
Hunting and taking of wild migratory and wild resident game birds on licensed
hunting preserves must conform to all state and federal hunting regulations,
including, but not limited to: non-toxic shot requirements, federal duck stamp
requirements, live decoy prohibition, seasons and bag limits.
C. Changes in Rules. The Louisiana Wildlife
and Fisheries Commission, Louisiana Department of Agriculture and the U.S. Fish
and Wildlife Service may from time to time make changes in these rules and it
is the responsibility of the licensee to apprise himself of any changes and to
abide by them.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:651-659.