§1904. Threatened or endangered species, determination; notice; lists; regulations
A. Any species of wildlife or native plant determined by the secretary of the
Louisiana Department of Wildlife and Fisheries to be an endangered or threatened species
pursuant to the federal Endangered Species Act shall be deemed to be an endangered or
threatened species under the provisions of this Part.
B. In addition to the species deemed to be endangered or threatened pursuant to the
federal Endangered Species Act, the commission may by regulation determine whether any
species of wildlife or native plant occurring within this state is an endangered or threatened
species because of any of the following factors:
(1) The present or threatened destruction, modification or curtailment of its habitat
or range.
(2) Overutilization for commercial, sporting, scientific, educational or other
purposes.
(3) Disease or predation.
(4) The inadequacy of existing regulatory mechanisms.
(5) Other natural or man-made factors affecting its continued existence within this
state.
C. The secretary may make determinations required by Subsection B of this Section
on the basis of the best scientific, commercial, and other data available to it and after
consultation, as appropriate, with federal agencies, other interested state agencies, other
states having a common interest in the species, and interested persons and organizations.
The secretary may not add a species to nor remove a species from any list published pursuant
to Subsection D of this Section unless the secretary has first:
(1) Published a notice of such proposed action in conformity with the provisions of
the Administrative Procedure Act, R.S. 49:950 et seq., as amended.
(2) Allowed at least thirty days following publication for comment from the public
and other interested parties; however, that in cases where the department determines that an
emergency situation exists involving the continued existence of such species as a viable
component of the state's wildlife and native plants the department may add species to such
lists provided it has published a public notice that such an emergency situation exists
together with a summary of facts which support such determination.
(3) In determining whether any species of wildlife or native plant is an endangered
species or a threatened species, the department shall take into consideration those actions,
if any, being carried out or about to be carried out by the federal government, by other states,
by other agencies of this state or political subdivisions thereof, or by any other person which
may affect the species under consideration.
D.(1) The commission may issue regulations containing a list of all species of
wildlife and native plants occurring within this state which are determined in accordance
with Subsections A through C of this Section to be an endangered or threatened species.
Each list shall refer to the species contained therein by scientific and common name or
names, if any, and shall specify with respect to each such species over what portion of its
range it is endangered or threatened.
(2) Except with respect to species of wildlife and native plants determined to be
endangered or threatened pursuant to the federal Endangered Species Act, the commission
may upon the petition of an interested person conduct a review of any listed or unlisted
species proposed to be removed from or added to the lists published pursuant to this
Subsection, but only if it makes and publishes a public notice that such person has presented
substantial evidence which warrants such a review.
E. Whenever any species of wildlife or native plant is listed as a threatened or
endangered species pursuant to Subsection D of this Section, the commission shall issue such
regulations as it deems necessary and advisable to provide for the conservation of such
species. The commission may, by regulation, prohibit with respect to any threatened or
endangered species of wildlife any act prohibited under Subsection F of this Section and with
respect to any threatened or endangered species of native plant any act prohibited under
Subsection H of this Section.
F.(1) With respect to any endangered species of wildlife, it is unlawful, except as
provided in Subsection G of this section, for any person subject to the jurisdiction of this
state to:
(a) Export any such species from this state;
(b) Take any such species within this state;
(c) Possess, process, sell or offer for sale, deliver, carry, transport or ship, by any
means whatsoever, any such species;
(d) Violate any regulation pertaining to the conservation of such species of wildlife
listed pursuant to this section and promulgated by the commission pursuant to authority
provided by this Part.
(2) Provided that any endangered species of wildlife which enters this state from
another state or from a point outside the territorial limits of the United States and which is
being transported to a point within or beyond this state may be so entered and transported
without restriction in accordance with the terms of any federal permit or permit issued under
the laws or regulations of another state.
G. The department may issue permits under such terms and conditions as it may
prescribe pertaining to any act otherwise prohibited by Subsection F of this Section for
scientific purposes, regulated taking, or to enhance the propagation or survival of the affected
species.
H. With respect to any threatened or endangered species of native plant, it is
unlawful, except as provided in Subsection I of this Section, for any person subject to the
jurisdiction of this state to:
(1) Willfully destroy or harvest any such species growing on the private land of
another without first obtaining the written permission of the landowner or legal
representative of the landowner.
(2) Willfully destroy or harvest any such species on any public land without a permit
from the Louisiana Department of Wildlife and Fisheries and written permission from the
agency owning the land. However, permits issued for species listed on the federal
Endangered Species List under the federal Endangered Species Act of 1973, as amended,
must be consistent with federal standards.
I. (1) With respect to native plant species, no provision of this Part shall apply to the
following:
(a) The clearing or other disturbance of land for agricultural or silvicultural purposes.
(b) The clearing or removal of threatened or endangered plants by the landowner or
his agent.
(c) The clearing of land by a public agency or a publicly or privately owned public
utility when acting in the performance of its obligation to provide service to the public.
(d) The propagation and sale of legally harvested threatened or endangered plant
species by entities of the horticultural and nursery industry that are licensed or permitted to
operate under the Horticulture Commission Law, R.S. 3:3801 et seq.
(e) Any emission or discharge authorized pursuant to a permit, license, registration,
or variance by the Department of Environmental Quality or any water intake for a facility that
holds such permit, license, registration or variance.
(2) The provisions of this Part shall not be interpreted to authorize the department to
designate critical habitat on private property.
J. Any law, regulation or ordinance of any political subdivision of this state which
applies with respect to the taking, importation, exportation, possession, sale or offer for sale,
processing, delivery, carrying, transportation or shipment of wildlife species determined to
be endangered species or threatened species pursuant to this Part is void to the extent that it
may effectively do either of the following:
(1) Permit what is prohibited by this Part or by any regulation which implements this
Part.
(2) Prohibit what is authorized pursuant to an exemption or permit provided for in
this Part or in any regulation which implements this Part.
K. This Part shall not otherwise be construed to void any law, regulation or
ordinance of any political subdivision of this state which is intended to conserve wildlife.
Added by Acts 1974, No. 473, §1. Amended by Acts 1981, No. 736, §1; Acts 2017,
No. 228, §1.