La. Admin. Code tit. 76 § V-107

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

Section V-107 - Game Breeder's License

A. This commission regulation established general requirements, minimum pen specifications and animals that will be permitted under the game breeder's license to read as follows.

B. Minimum Pen Specifications and Requirements for Game Quadrupeds and Birds. The pen dimensions and specifications described herein are minimum requirements for permanent exhibit and commercial facilities. It must be emphasized that these are minimum standards and the optimum conditions for most animals would include dimensions several times greater than those cited. Game breeders should also recognize and provide for any unique requirements of the species they possess. In addition to the following pen specifications, all pens must have adequate sanitation as well as appropriate feeding and watering facilities.

1. Waterfowl (ducks, geese, swans and coots endemic to North America)

a. Ducks and Coots

i. Exhibit Purposes-100 square feet with 25 percent in water area for up to four birds; increase pen size by 25 square feet for each additional bird with one-fourth of this increase being in water area.

ii. Commercial Operation-up to 6 weeks old; 1 square foot per duck; over 6 weeks old; 3 square feet per duck.

b. Geese-150 square feet per goose.

2. Doves (order columbiformes endemic to North America except rock dove, i.e., domestic pigeon)

a. Single Bird-3 feet by 2 feet by 5 feet high.

b. Community Group-large enough to fly or at least 8 feet in diameter.

3. Game Birds (ringneck pheasant, chukar, and various quail, grouse and partridge endemic to North America)

a. Exhibit Purposes-20 square feet per bird.

b. Commercial Operation:

i. quail: 1-10 days old-9 chicks per square foot; 10 days-6 weeks old-6 chicks per square foot; 6 weeks and older-3 birds per square foot; 1 breeding pair per square foot;

Note: If only pharaoh quail are to be kept, then the game breeder's license is not required.

ii. pheasants and chukar, grouse and partridge- 1-10 days old-6 chicks per square foot; 10 days-6 weeks old-4 chicks per square foot; 6-14 weeks old-1 bird per 4 square feet; 1 breeding pair per 8 square feet.

4. Wild Turkeys* (license will not be issued). It is unlawful to take from the wild or possess in captivity any live wild turkeys or their eggs. No pen-raised turkeys from within or without the state shall be liberated (released) within the state.

5. Hawk, Falcons. Refer to federal raptor facilities specifications.

6. Squirrels (gray, fox, red, flying and others endemic to North America)

a. Single Animal-3 feet long by 3 feet wide by 4 feet high.

b. Additional Animals-add 6 inches more in length per additional animal; several limbs, nest box.

c. Due to the inherent tendency of these animals to bite people, it is further required that applicants provide a certificate of good health from a licensed veterinarian stating that the squirrels do not show symptoms of rabies.

7. Rabbits (cottontail, swamp and wild hares endemic to North America)

a. Single Animal-6 feet long by 3 feet wide by 3 feet high; gnawing logs; den or retreat.

b. Additional Animals-add 1 foot in length per animal.

8. Whitetail Deer or Other North American Deer

a. Except as specified herein, licenses will not be issued. Licenses will not be issued unless pens are completed and complete applications are received in the Wildlife Division Baton Rouge Office by 4:30 p.m. October 4, 2002. Pens must be inspected before a license will be issued. If at the time of inspection, pens do not meet the requirements of this rule, a license will not be issued and the application will not be reconsidered. Persons with valid licenses issued prior to this prohibition will be "grandfathered" and licenses may be renewed if all requirements are met. Licenses cannot be transferred beyond immediate family (father, mother, brother, sister, husband, wife, son and daughter). A license may be transferred to an immediate family member only if the pen remains in the original location. Qualified zoos, educational institutions and scientific organizations may be exempted on a case by case basis.

b. No license will be issued in metropolitan or urban areas. A rural environment is required to keep these animals. Qualified zoos, educational institutions and scientific organizations will be exempted on a case by case basis.

c. Single Animal-5,000 square feet paddock or corral (for example-50 feet wide x 100 feet long); increase corral size by 2,500 square feet for each additional animal; shelter required. Pen site must be well drained so as to prevent extended periods of standing water.

d. Materials-Chain link or other satisfactory woven wire, 12 gauge minimum, 8 feet high minimum. Welded wire is not acceptable.

e. Licensed game breeders are required to report all deaths of deer to a regional Wildlife Division Office within 48 hours of the time of death and preserve the carcass as instructed by the Wildlife Division, but are encouraged to report the death sooner if possible.

9. Elk* (license will not be issued). Single Animal-5,000 square feet paddock or corral; increase corral size by 50 percent for each additional animal; barn, shaded or protected area attached to or adjoining corral fence, 9 gauge chain link or woven wire; 8 feet high. Welded wire is not acceptable.

a. Regulation of elk is under jurisdiction of the Louisiana Department of Agriculture and Forestry by Act 41 of the 1992 Legislative Session.

* NOTE: Valid game breeder's license holders for these species legally possessed prior to October 1, 1988, will be "grandfathered" and renewed annually until existing captive animals expire, or are legally transferred out of state or to a suitable public facility. No additional animals may be acquired. This position by the department is necessary due to the ability of these animals to cause serious physical injury to the owner or other innocent bystanders and/or their potential to transmit disease to wildlife or livestock. Qualified educational institutions, municipal zoos or scientific organizations will be exempted to this provision on a case-by-case basis.

10. Other Game Quadrupeds and Birds. Other game quadrupeds and birds endemic to North America may not be kept without approval of the Wildlife Division. Pen specifications for animals not listed will be developed by the Wildlife Division as needed.

C. General Requirements

1. General Rules

a. Game quadrupeds and birds cannot be taken from the wild, nor can domesticated game quadrupeds or birds be released into the wild except as provided on licensed hunting preserves, and as provided by valid bird-dog training permit, field trial permit or federal falconry permit.

b. Game breeders can only keep those classes of animals for which they have been approved. If an applicant desires to keep additional classes of animals, the facilities for those animals must be approved prior to obtaining the new animals.

2. Application Requirements

a. A game breeder's license must be issued before any game quadrupeds (deer, rabbits, squirrels, etc.) are obtained. In the case of game birds, waterfowl, or doves a buyer has 30 days after acquisition of the first bird to either apply for a license or slaughter all the birds. In either case, the buyer must possess a valid bill of sale containing the seller's permit number, date of sale, and number of birds sold. The buyer cannot resell live birds until a game breeder's license is obtained. If the application for a game breeder's license is denied, the applicant must dispose of any birds in possession as instructed by the department.

b. An applicant or licensee must comply with pen specifications. Applicants for waterfowl, doves, game birds, squirrels and rabbits must submit a form verifying their facilities meet or exceed the described pen specifications. Their facilities may require inspection at the biologist's discretion. All pens built for raising deer, birds of prey and potentially dangerous animals are required to be inspected prior to issuance of a license.

c. All applicants for a game breeder's license for deer and potentially dangerous animals must submit:

i. a signed waiver statement holding the Department of Wildlife and Fisheries and its employees harmless for liability as a result of issuing a game breeder's license. Licenses will only be issued to those applicants who are willing to accept full responsibility and liability for any damages or injuries resulting from their animals or activities as a licensed game breeder of domesticated wildlife in Louisiana;

ii. a written plan of action for the recapture of an escaped animal must be submitted and approved by the department before the application is processed. The plan of action should include:

(a). equipment;

(b). personnel;

(c). recovery techniques; and

(d). method of mitigation payments for damages caused by the escaped animal.

d. This information is necessary because the Department of Wildlife and Fisheries will not provide these services.

3. Records and Inspections

a. All applicants and licensees are required to have a bill of sale for each animal acquired. Except for sales of game birds, waterfowl, or doves of 10 or fewer birds per buyer, per 24-hour period, license holders must keep records of all animals sold or transferred including names and addresses of persons to whom they were sold or transferred. An annual report detailing animals in possession and all transactions must be submitted annually with license renewal application.

b. License holders must allow inspections of premises by Department of Wildlife and Fisheries employees for purposes of enforcing these regulations. Inspections may be unannounced and may include but are not limited to, pens, stalls, holding facilities, records, and examination of animals as necessary to determine health and/or identification of species.

4. Hunting. Hunting or killing of confined deer or other big game animals held under a game breeder's license by individuals other than the licensee must conform to all hunting regulations including season and hunting license requirements for the area in which the animals are confined. A game breeder licensee may at any time, during daylight hours, kill a confined deer or other big game animal at the licensee's own facility.

5. Administrative Fees. An inspection fee of $50 will be assessed when a pen is inspected as part of the application process as required for birds of prey, deer and potentially dangerous animals. A license renewal processing fee of $5 will be assessed annually. These fees are in addition to the $25 required for the game breeder's license.

La. Admin. Code tit. 76, § V-107

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 14:631 (September 1988), amended LR 18:1134 (October 1992), LR 21:1355 (December 1995), LR 29:196 (February 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:171.