Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part XIX - Hunting and WMA Regulations
Chapter 1 - Resident Game Hunting Season
Section XIX-105 - Physically Challenged Hunters Permit

Universal Citation: LA Admin Code XIX-105

Current through Register Vol. 50, No. 3, March 20, 2024

A. Definitions

ATV-an off-road vehicle (not legal for highway use) with factory specifications not to exceed the following: weight-750 lbs.; length-85"; width-48". ATV tires are restricted to those no larger than 26x12 with a maximum 1" lug height and a maximum allowable tire pressure of 12 psi as indicated on the tire by the manufacturer.

Commission-the Louisiana Wildlife and Fisheries Commission.

Commission Approved Physician-any physician licensed to practice medicine by the Louisiana state Board of Medical Examiners who evaluates permit applicants to determine the physically challenged hunter rule classification of permanent disability. Also, includes any Louisiana licensed optometrist or ophthalmologist to determine visual impairment.

Department-the Louisiana Department of Wildlife and Fisheries.

Enforcement Division-the Enforcement Division of the Louisiana Department of Wildlife and Fisheries.

Helper-an individual who accompanies a permitted physically challenged hunter to assist the physically challenged hunter in accessing a hunting area, carrying hunting gear, and retrieving harvested game.

Permanent Disability-a qualifying disability that a commission approved physician has determined will not improve over time or with medical treatment.

Physically Challenged ATV Permit-a permit issued by the Wildlife Division to certain physically challenged hunters to allow access to the specially designated ATV trails on wildlife management areas.

Physically Challenged Hunter Permit-a permit issued by the Department of Wildlife and Fisheries to qualified physically challenged individuals.

Special Deer Season-a special deer season only for individuals with valid physically challenged hunter permits established by the Louisiana Wildlife and Fisheries Commission.

Special Physically Challenged Hunt-special hunt or hunts on certain WMAs only for individuals with valid physically challenged hunter permits.

WMA-a tract of land managed by the Louisiana Department of Wildlife and Fisheries and proclaimed as a wildlife management area by the governor of Louisiana.

Wildlife Division-the Wildlife Division of the Louisiana Department of Wildlife and Fisheries.

B. Wheelchair Bound

1. Qualifications

a. Permanent Disability. The disability must permanently confine the applicant to the use of a wheelchair. If the applicant may eventually recover enough to not require the use of a wheelchair, he or she does not qualify for this class permit. If the future prognosis is uncertain, the applicant does not qualify at this time.

b. Certification by Commission Approved Physician

i. Applicants must be certified permanently disabled and confined to a wheelchair by:

(a).a commission approved physician;

ii. Should the commission approved physician determine the applicant is not permanently confined to a wheelchair for medical reasons, the application is rejected and no permit shall be issued. If approved by the physician, the Enforcement Division must complete a wildlife criminal history check. The application must then be forwarded to the Wildlife Division administrator for approval or disapproval.

c. Disqualification

i. Applicants not disabled sufficiently to meet the confined to a wheelchair criterion shall not qualify for this class permit.

ii. Applicants with felony convictions or with class two or above wildlife convictions, WMA or littering violations within the last five years, as determined by the enforcement division, shall not be issued permits. Fishing and boating violations are excluded.

2. Approved applicants receive the following considerations:

a. special physically challenged hunts-may participate in special WMA hunts;

b. special deer seasons:

i. may participate in special statewide physically challenged hunts;

c. access to wildlife management areas. permittees of this class shall receive a physically challenged ATV permit for access to specially designated ATV trails on WMAs;

d. hunting from vehicles-may hunt resident game from a stationary vehicle or stationary boat statewide, provided that this activity does not violate state or parish laws;

e. helpers - permittee may be accompanied by helpers (no more than two) as necessary to get to and from a hunting area or stand and to assist in retrieving harvested game. Helpers may not use or possess firearms/bows/crossbows when acting as a helper unless the weapon is legal for the game hunted and the season is open to all licensed hunters in the area the helper is hunting. Permittee is allowed one extra ATV for his helper(s). At no time will parked or unattended helper's ATV and permittee's ATV be placed at separate locations.

3. Conditions of Approval

a. Nontransferable. The physically challenged hunter permit is non-transferable and is valid for named permittee only.

b. Permit in Possession

i. The permit must be carried by named permittee at all times while hunting in the field or transporting game harvested under the permit.

ii. Permittee must, in addition to the permit, carry one other form of photo identification while hunting or transporting harvested game.

c. Helpers. Helpers accompanying physically challenged hunters are not permitted to carry firearms/bows/crossbows except as provided for by statewide or WMA regulations (see Subparagraph B.2.e).

d. All Terrain Vehicles

i. ATVs may be used only on regular public ATV trails and specially designated ATV trails on WMA maps.

ii. Approved individuals (permittees and helpers) may drive the ATV to a stand within 100 yards of an ATV trail. The ATV may also be used to retrieve the permittees harvested deer or hogs. Travel on an ATV beyond 100 yards of the designated trail, except to retrieve a deer or hogs, is prohibited.

e. Other Licenses Required. The issuance of a physically challenged hunter permit does not exempt the permittee from other license requirements. All applicable licenses required to hunt a particular species of game must be purchased and in the permittees possession while hunting.

f. Revocation

i. Any violation of the permit conditions by the permittee and/or helper of wildlife laws and/or regulations may result in cancellation of this permit.

ii. Should there be a change in the permittee's condition, the permittee must notify the Wildlife Division administrator. If said change is sufficient to make the permanent use of a wheelchair unnecessary, the permit shall be revoked.

g. Duration

i. This permit is valid for the lifetime of named permittee or until revoked by the department.

ii. The department shall retain the right to change the duration and/or conditions of the disabled hunter permits to comply with future commission or legislative actions.

h. Cost-none.

C. Mobility Impaired

1. Qualifications

a. Permanent Disability

i. The disability must be permanent and impair the applicant sufficiently to preclude walking farther than very short distances (cannot walk 200 feet without stopping to rest) even with mechanical aids. If the applicant may eventually recover, or if the future prognosis is uncertain, the applicant does not qualify at this time; provided however, individuals who are temporarily disabled for a minimum of one year duration may be issued this permit for a period of one year only. If the condition still exists after one year, the individual would have to reapply and be issued a new permit.

ii. Qualifying disabilities under this class may include, but are not limited to:

(a). permanent and continual use of artificial limbs, crutches, leg braces, or canes due to injury, disease, or birth defect. Cannot walk without the assistance of another person, walker, cane, crutches, braces, or prosthetic device, or temporary use of a wheelchair;

(b). defects of circulatory system, respiratory system, skeletal structure, or neurological disorders caused by disease, injury, or birth defect. Applicant must be restricted by a lung disease to such an extent that the person's forced (respiratory) volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest, or uses portable oxygen, or has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association, or has a diagnosed disease or disorder, including a severe arthritic, neurological, or orthopedic impairment, which creates a severe mobility limitation.

iii. Nonqualifying disabilities may include, but are not limited to:

(a). vision impairment;

(b). arm, hand, shoulder, or other impairments that do not affect walking;

(c). any impairment considered to be a part of or resulting from the normal aging process;

(d). any impairment resulting from or due to a lack of physical conditioning.

b. Certification by Commission Approved Physician

i. Applicants must be certified permanently disabled and mobility impaired by:

(a). a commission approved physician.

ii. Should the commission approved physician determine the applicant is not permanently mobility impaired, the application is rejected and no permit shall be issued. If approved by the physician, the Enforcement Division must complete a wildlife criminal history check. The application must then be forwarded to the Wildlife Division administrator for approval or disapproval.

c. Disqualification

i. Applicants not disabled sufficiently to meet the mobility impaired criterion shall not qualify for the class permit.

ii. Applicants with felony convictions or with class two or above wildlife convictions, WMA or littering violations within the last five years, as determined by the Enforcement Division, shall not be issued permits. Fishing and boating violations are excluded.

2. Approved applicants receive the following considerations:

a. special physically challenged hunts - may participate in special WMA hunts;

b. special deer seasons - may participate in special statewide physically challenged hunts;

c. access to wildlife management areas - permittees of this class shall receive a physically challenged ATV permit for access to specially designated ATV trails on WMAs;

d. helpers - permittee may be accompanied by helpers (no more than two) as necessary to get to and from a hunting area or stand and to assist in retrieving harvested game. Helpers may not use or possess firearms/bows/crossbows when acting as a helper unless the weapon is legal for the game hunted and the season is open to all licensed hunters in the area the helper is hunting. Permittee is allowed one extra ATV for his helper(s). At no time will parked or unattended helper's ATV and permittee's ATV be placed at separate locations.

3. Conditions of Approval

a. Nontransferable. The physically challenged hunter permit is non-transferable and is valid for named permittee only.

b. Permit in Possession

i. The permit must be carried by named permittee at all times while hunting in the field or transporting game harvested under the permit.

ii. Permittee must, in addition to the permit, carry one other form of photo identification while hunting or transporting harvested game.

c. Helpers. Helpers accompanying physically challenged hunters are not permitted to carry firearms/bows/crossbows except as provided for by statewide or WMA regulations (see Subparagraph C.2.d).

d. All Terrain Vehicles

i. ATVs may be used only on regular public ATV trails and ATV trails on WMA maps.

f. Revocation

i. Any violation of the permit conditions by the permittee and/or helper of wildlife laws and/or regulations may result in cancellation of the permit.

ii. Should there be a change in the permittee's condition, the permittee must notify the Wildlife Division administrator. If said change is sufficient to enable the permittee to walk more than 200 feet without stopping to rest the permit shall be revoked.

g. Duration

i. This permit is valid for the lifetime of named permittee or until revoked by the department.

ii. The department shall retain the right to change the duration and/or conditions of the physically challenged hunter permits to comply with future commission or legislative action.

h. Cost-none.

D. Amputee of the Upper Extremity

1. Qualifications

a. Permanent Disability. The applicant must have an amputation of at least one arm, hand, or all five fingers of one hand to qualify for a permit of this class.

b. Certification by Commission Approved Physician

i. Applicants must be certified permanently disabled as an amputee of the upper extremity by a commission approved physician.

ii. Should the commission approved physician determine the applicant is not an amputee of the upper extremity, the application shall be rejected. If approved by the physician, the Enforcement Division must complete a wildlife criminal history check. The application must then be forwarded to the Wildlife Division Administrator for approval or disapproval.

c. Disqualification

i. Applicants not disabled sufficiently to meet the amputee of the upper extremity criterion shall not qualify for this class permit.

ii. Applicants with felony convictions or with Class Two or above wildlife convictions, WMA or littering violations within the last five years, as determined by the Enforcement Division, shall not be issued permits. Fishing and boating violations are excluded.

2. Approved applicants receive the following considerations:

a. special physically challenged hunts - may participate in special WMA hunts;

b. special deer seasons - may participate in special statewide physically challenged hunts;

c. access to wildlife management areas - permittees of this class shall receive a physically challenged ATV permit for access to specially designated ATV trails on WMAs;

3. Conditions of Approval

a. Nontransferable. The physically challenged hunter permit is nontransferable and is valid for named permittee only.

b. Permit in Possession

i. The permit must be carried by named permittee at all times while hunting in the field or transporting game harvested under the permit.

ii. Permittee must, in addition to the permit, carry one other form of photo identification while hunting or transporting harvested game.

c. Helpers. Helpers accompanying physically challenged hunters are not permitted to carry firearms/bows/crossbows except as provided for by statewide or WMA regulations (see Subparagraph D.2.d).

d. All Terrain Vehicles

i. ATVs may be used only on regular public ATV trails and physically challenged ATV trails as specially designated on WMA maps.

f. Revocation. Any violation of the permit conditions by the permittee and/or helper of wildlife laws and/or regulations may result in cancellation of this permit.

g. Duration

i. This permit is valid for the lifetime of named permittee or until revoked by the department.

ii. The department shall retain the right to change the duration and/or conditions of the physically challenged hunter permits to comply with future commission or legislative action.

h. Cost-none.

E. Visually Impaired

1. Qualifications

a. Permanent Disability. The applicant must have an impairment of visual functioning, even after treatment and/or standard refractive correction, and has a visual acuity of equal to or less than 20/200 to light perception, or a visual field of less than ten degrees from the point of fixation, as certified by a Louisiana licensed optometrist or ophthalmologist to qualify for a permit of this class.

b. Certification by Commission Approved Physician

i. Applicants must be certified permanently disabled as visually impaired by a commission approved physician.

ii. Should the commission approved physician determine the applicant is not visually impaired, the application shall be rejected. If approved by the physician, the Enforcement Division must complete a wildlife criminal history check. The application must then be forwarded to the Wildlife Division administrator for approval or disapproval.

c. Disqualification

i. Applicants not disabled sufficiently to meet the visually impaired criterion shall not qualify for this class permit.

2. Approved applicants receive the following considerations:

a. special physically challenged hunts - may participate in special WMA hunts;

b. special deer seasons. may participate in special statewide physically challenged hunts;

c. access to wildlife management areas - permittees of this class shall receive a physically challenged ATV permit for access to specially designated ATV trails on WMAs;

d. helpers - the permittee shall be accompanied by another licensed hunter and only the person holding the physically challenged hunter permit may discharge the firearm. Helpers may not use or possess firearms/bows/crossbows when acting as a helper unless the weapon is legal for the game hunted and the season is open to all licensed hunters in the area the helper is hunting. Permittee is allowed one extra ATV for his helper(s). At no time will parked or unattended helper's ATV and permittee's ATV be placed at separate locations;

e. the permittee shall be permitted to use a laser sight or sighting device which projects a beam of light to the target only.

3. Conditions of Approval

a. Nontransferable. The physically challenged hunter permit is nontransferable and is valid for named permittee only.

b. Permit in Possession

i. The permit must be carried by named permittee at all times while hunting in the field or transporting game harvested under the permit.

ii. Permittee must, in addition to the permit, carry one other form of photo identification while hunting or transporting harvested game.

c. Helpers. Helpers accompanying physically challenged hunters are not permitted to carry firearms/bows/crossbows except as provided for by statewide or WMA regulations (see Subparagraph E.2.d).

d. All Terrain Vehicles

i. ATVs may be used only on regular public ATV trails and specially designated ATV trails on WMA maps.

f. Revocation. Any violation of the permit conditions by the permittee and/or helper of wildlife laws and/or regulations may result in cancellation of this permit.

g. Duration

i. This permit is valid for the lifetime of named permittee or until revoked by the department.

ii. The department shall retain the right to change the duration and/or conditions of the physically challenged hunter permits to comply with future commission or legislative action.

h. Cost - none.

AUTHORITY NOTE: Promulgated in accordance with Act 1226 of the 1995 Louisiana Legislative Session.

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Louisiana Administrative CodeTitle 76 - WILDLIFE AND FISHERIESPart XIX - Hunting and WMA RegulationsChapter 1 - Resident Game Hunting SeasonSection XIX-105 - Physically Challenged Hunters Permit

Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIES
Part XIX - Hunting and WMA Regulations
Chapter 1 - Resident Game Hunting Season
Section XIX-105 - Physically Challenged Hunters Permit