La. Admin. Code tit. 76 § I-305

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-305 - Responsibilities and Powers of Enforcement Officers

A. Responsibilities of the Chief of the Enforcement Division and Law Enforcement Officers

1. The chief of the Enforcement Division of the Department of Wildlife and Fisheries shall be responsible for the adherence to and implementation of these regulations and the rules of evidence relating to seizures and criminal prosecution.

2. In any investigation or arrest where objects (guns, nets, traps, boats, motors, or other evidence) are vital to the case and necessary for prosecution they will be seized, and properly tagged. Receipts are to be issued for seized items. All seized equipment shall be turned in immediately to the Enforcement Division regional supervisor who shall be responsible for maintaining records and providing secure storage. However, the agent seizing any gun, net, boat, motor, or other evidence is responsible if the items seized are lost, stolen, or damaged while in his possession. All gear including, but not limited to boats, motors, guns, nets, trawls, vehicles, lights, and traps when found abandoned or unattended and used in violation of law shall be seized and turned in to the department immediately. Any game birds, game quadrupeds, game fish, commercial fish, nongame quadrupeds, and endangered and protected species seized in connection with abandoned or unattended equipment shall be disposed of in accordance with the following procedures.

3. The department, through the Enforcement Division, shall maintain records of all seizures, forfeitures, and releases and shall obtain an appropriate receipt from the possessor or owner of any quadruped, fish, bird, net, trap, gun, boat, light or other equipment, or the proceeds from the sale thereof, that is released by the department.

4. Any release of the above based upon a withdrawal or nolle pros of the charges shall require a certified copy of the said withdrawal or nolle pros to be filed with the chief of the Enforcement Division before the seized items can be released.

5. All proceeds from any sale of any quadruped, fish, bird, or equipment which is not ordered returned to the possessor or owner thereof shall be deposited in the Conservation Fund unless otherwise provided by statute or Deed of Donation, subject to a reasonable administrative cost to be retained by the agency selling on behalf of the department.

B. Perishable Evidence and Live Animals

1. Perishable Evidence

a. Game Quadrupeds, Game Birds, Outlaw Birds, Game Fish, and Commercial Fish Which Cannot Be Sold

i. All game quadrupeds, game birds, outlaw birds, game fish and commercial fish which, because of illegal size or other factors, cannot be sold, which are seized by agents, officers or employees of the department, or other peace officers of the state, shall be donated to charitable organizations, or persons receiving social welfare benefits (i.e., food stamps or aid to families with dependent children). Donations to persons receiving social welfare benefits shall be subject to applicable laws and regulations governing possession limits. If donation is not possible, then the reasons therefor shall be reflected in the case report, and the seized animals shall be destroyed.

ii. The officer, agent, or employee donating game quadrupeds, game birds or game fish shall obtain a receipt (Form ED-16) which shall be attached to the offense report of the violation in which the quadrupeds or fish were seized. Additionally, where donations are made to persons receiving social welfare benefits, the officer, agent or employee shall also attach documentary evidence of the person's eligibility for said benefits.

b. Commercial Fish and Nongame Quadrupeds

i. All commercial fish of legal size and nongame quadrupeds, when seized by agents, officers or employees of the department, or other peace officers of the state shall be sold, whenever possible, by the officer making the seizure.

ii. The officer shall obtain three bids from licensed dealers, if and when possible, and shall sell to the highest bidder.

iii. The offense report of the violation in which the fish and nongame quadrupeds were seized shall reflect the names of the companies, the amounts of the bids and the names of the persons making the bids. The money recovered from such sale shall be delivered to the chief of the Enforcement Division and kept in escrow by the department until final disposition of the criminal charges. In the event the arresting and seizing officer cannot obtain a sale, the commercial fish and nongame quadrupeds will be donated in accordance with the provisions of Subparagraph B.1.a above, or held by the department until it is no longer needed for prosecution, at which time it shall be destroyed or disposed of as the secretary of the department shall determine.

c. Oysters and Menhaden. Oysters and menhaden or other herring-like fishes shall be disposed of in accordance with the provisions of R.S. 56:58(C) and (D).

d. Protected or Endangered Species. Protected or endangered species shall be retained, or an evidentiary sample in accordance with Subparagraph B.1.e below shall be retained, until the case is resolved and it is no longer needed for evidence, at which time it shall be donated for scientific or educational purposes as determined by the secretary. If no such donation is possible, it shall be destroyed.

e. Evidentiary Sample. With regard to all perishable evidence upon which criminal charges are pending and which is to be donated or sold in accordance with Subparagraphs B.1.a, b or c above, the following procedure shall be employed prior to the sale or donation.

i. Remove tag, and keep an evidentiary sample to be destroyed or donated in accordance with Subparagraph B.1.d above upon disposition of case.

ii. Take pictures of entire lot of seizure.

f. Unfitness for Human Consumption. Should the seizing officers have reason to believe that the seized animal(s) is unfit for human consumption, then it shall not be sold or donated (except for scientific or educational purposes) and shall be destroyed.

2. Live Animals. All live quadrupeds, live birds or live fish seized in connection with violation shall be returned to its wild habitat or the waters of the state of Louisiana, if possible. If this is not possible or feasible for reasons as determined by the chief of the Enforcement Division, or for biological reasons as determined by department staff, the live quadrupeds, live birds and live fish confiscated and seized shall be donated by the department to zoos or other appropriate educational and scientific research institutions, or at the discretion of the secretary in accordance with the provisions of Clause B.1.a.i. If donation is not appropriate then said animals shall be destroyed.

C. Nets, Traps, Guns, Boats, Lights and Other Equipment

1. General Provisions

a. All nets, traps, guns, boats, lights and other equipment shall be held as evidence by the department until there is a final disposition of the charges or until ordered released by the court with jurisdiction of the violation. Said release or order shall be in writing and directed to the secretary of the department. All such equipment which has been forfeited, or which is unclaimed or unreleased for a period of three years, shall be sold at public auction to the highest bidder; provided, however, that if the equipment is of illegal specifications or if the chief of the Enforcement Division determines that sale is not economically feasible because of the value of the items, transportation costs or other factors, then said equipment shall be destroyed or shall be used in accordance with Paragraph C.2, in the secretary's discretion.

b. Equipment of illegal specifications is that which by design, size, length, mesh size, material composition or construction cannot be lawfully used for the taking of quadrupeds, birds, fish or other resources in the state of Louisiana.

2. Use of Equipment by Department Personnel. All seized nets, traps, guns, boats, lights and other equipment which the department has held for three years, or which has been forfeited to the department or the commission, may be used by department personnel as determined by the secretary, including, but not limited to, enforcement, research and educational purposes such as displays and hunter's education. This disposition and use may be exercised in lieu of sale when the secretary determines that it is in the best interest of the department.

3. Unattended Nets. All unattended nets which remain unclaimed for a period of 30 days shall be sold, used or destroyed in accordance with the above provisions.

4. Rods, Reels, Tackle and Nets. In addition to the other allowable methods of disposal provided for in this Subsection, and notwithstanding any other provisions of this Subsection, all rods, reels, fishing poles, tackle and nets may, upon the passage or occurrence of all pertinent time periods or events provided for in Subparagraph C.1.a supra, be donated to bona fide charitable organizations, youth groups or schools. This disposition may be exercised in lieu of other dispositions when the secretary determines it is in the best interest of the department.

La. Admin. Code tit. 76, § I-305

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 15:554 (July 1989), amended LR 29:2516 (November 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:60.