La. Admin. Code tit. 76 § XV-101

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

Section XV-101 - Recreational and Commercial Harvests; Prohibitions

A. Purpose. These regulations are to govern the collection, captive maintenance, research and management of native and certain exotic species of reptiles and amphibians. Consistent with the constitutional authority and legislative mandates, the Wildlife and Fisheries Commission, Department of Wildlife and Fisheries and the Louisiana Reptile and Amphibian Task Force support the following guidelines, principles and regulations for collectors, buyers/dealers and scientists handling native species of reptiles and amphibians.

B. General Considerations

1. The living conditions of animals held in captivity at field sites should be appropriate for that species and contribute to their health and well-being. The housing, feeding, and nonmedical care of the animals will be directed by a person trained and experienced in proper care, handling, and use of the species being maintained. Mixed housing is also appropriate for holding or displaying certain species.

2. Individuals of endangered or threatened taxa should neither be removed from the wild (except in collaboration with conservation efforts), nor imported or exported, except in compliance with applicable regulations.

3. Removal from the wild of potentially tending individuals of species known to tend nests should, as a general principle, be avoided during the nesting season unless justified for scientific reasons.

C. Collecting

1. Live-capture techniques should prevent or minimize damage to the animal.

2. Traps should be checked at least daily when weather conditions threaten survival of trapped animals. Investigators must make every effort to prevent trap deaths from exposure, drowning, cardiogenic shock, or capture myopathy.

3. Collecting should always be conducted so as to leave habitat as undisturbed as possible. Permanent removal of more than 50 percent of the animals from any breeding or hibernation aggregation should be avoided unless justified in writing for scientific reasons by the investigator. Similarly, relative large collections of gravid females from any populations for destructive sampling should be avoided unless justified for scientific reasons.

D. Methods of Collection (R.S. 56:632.6)

1. The use of gasoline, chemicals, or other volatile substances to flush reptiles and amphibians from natural hiding places, nests, or dens is prohibited.

2. The destruction of natural habitats is prohibited. All logs, rocks, stumps, and other natural objects may be turned over or moved, but they must be replaced in their original position upon completion of the collector's inspection.

3. Any trap or other device designed to capture reptiles or amphibians, which remains in the field unattended, must bear a tag with the name, address, and license number of the collector. All such devices must be checked every 24 hours or they must be rendered unworkable during periods of nonuse.

E. Restraint and Handling

1. General Principles. The decision to use physical or chemical restraint of wild amphibians or reptiles should be based upon knowledge of behavior of the animals, and availability of facilities. Collectors and dealers should determine and use the least amount of restraint necessary to do the job in a humane manner. Because amphibians or reptiles, especially venomous species (including those with toxic skin secretions), may be capable of inflicting serious injury either on themselves or those handling them, some form of restraint often is prudent. Species should not be confined with other species (other than food prey) that they may injure. The well-being of the captive animal is of paramount importance; improper restraint, especially of frightened animals, can lead to major physiological disturbances that can result in deleterious or even fatal consequences.

2. Animals are best handled quietly and with the minimum personnel necessary. Darkened conditions tend to alleviate stress and quiet the animals and are recommended whenever appropriate. When handling large reptiles, netting or maneuvering or dropping them into a bag via hook, tongs, etc., is preferable inasmuch as they may suffer disproportionately great damage while struggling.

F. Housing and Maintenance

1. Normal field maintenance should incorporate, as far as possible, those aspects of natural habitat deemed important to the survival and well-being of the animal. Adequacy of maintenance can be judged, relative to the natural environment, by monitoring a combination of factors such as changes in growth and weight, survival rates, breeding success, activity levels, general behavior, and appearance. Consideration should be given to providing an environment that includes features such as natural materials, refuges, perches, and water baths. Natural foods should be duplicated as closely as possible, as should natural light, moisture, and temperature conditions unless alterations of these are factors under investigation.

2. Frequency of cage cleaning should represent a compromise between the level of cleanliness necessary to prevent disease, and the amount of stress imposed by frequent handling and exposure to unfamiliar surroundings and bedding.

G. Turtle Rules and Regulations

1.Turtle Trap- any device constructed with horizontal funnel entrances not positioned in tandem, or opening on the upper surface, with or without attractants, with openings in the upper surface to allow constant functional breathing of any air-breathing captured specimens, designed to attract and/or capture turtles in aquatic habitats.

a. Each trap or device shall be clearly marked as "TURTLE TRAP ."

b. Trap or device placement in the water column shall provide continuous breathing opportunities for the captured specimens by having openings in the upper surface to allow functional breathing of the captured specimens.

c. All fish and/or other nontarget species other than watersnakes and salamanders (e.g., amphiumas) shall be released into the wild upon discovery or within 24 hours, whichever comes first.

d. Possession of finfish in the field while engaging in the commercial turtle trapping operations shall be prohibited.

e. A reptile and amphibian collector's license is required to collect and sell turtles.

2. Restricted Turtles

a. List of restricted turtles:

i. alligator snapping turtle (Macrochelys temminkii);

ii. razor-backed musk turtle (Sternotherus carinatus);

iii. box turtles (Terrapene sp.).

b. Commercial Prohibition. No person shall commercially take, possess, sell, purchase, trade, barter, or exchange restricted turtles, their eggs, or any parts thereof. Except that nothing herein shall prohibit the legal commercial sale, and possession of restricted turtles by licensed turtle farmers as provided in R.S. 56:632 et seq., and R.S. 3:2358.1 et seq., which were legally acquired prior to the effective date of this prohibition or imported legally into this state which have proper records as provided for in 56:637.

c. Recreational Take and Possession Limit. Persons engaged in collection of native reptiles and amphibians shall be licensed in accordance with R.S. 56:632.3. No person shall possess restricted turtles taken with commercial gear. No person shall possess in the field more than one alligator snapping turtle, two box turtles, or two razor-backed musk turtles. No person shall possess more than four box turtles or four razor-backed musk turtles. Certified zoos, aquariums, universities, research and nature centers will be exempted from take limits.

H. Green Anole Rule. It shall be illegal to sell or purchase any Green Anole (Anolis carolinesis) with a snout-vent length of less than 1 3/4 inches or an overall length of less than 5 inches with the tail intact.

I. Checklist of native or established amphibians and reptiles of Louisiana as listed by Dundee and Rossman, 1989, The Amphibians and Reptiles of Louisiana, LSU Press.

Salamanders
Spotted Salamander	(Ambystoma maculatum)
Marbled Salamander	(Ambystoma opacum)
Mole Salamander	(Ambystoma talpoideum)
Small-mouthed Salamander	(Ambystoma texanum)
Eastern Tiger Salamander	(Ambystoma tigrinum tigrinum)
Two-toed Amphiuma	(Amphiuma means)
Three-toed Amphiuma	(Amphiuma tridactylum)
Spotty Dusky Salamander	(Desmognathus fuscus conanti)
Southern Dusky Salamander	(Desmognathus auriculatus)
Southern Two-lined Salamander	(Eurycea cirrigera)
Three-lined Salamander	(Eurycea longicauda guttolineata)
Dwarf Salamander	(Eurycea quadridigitata)
Four-toed Salamander	(Hemidactylium scutatum)
Slimy Salamanders	(Plethodon glutinosus complex)*
Southern Red-backed Salamander	(Plethodon serratus)
Webster's Salamander	(Plethodon websteri)
Gulf Coast Mud Salamander	(Pseudotriton montanus flavissimus)
Southern Red Salamander	(Pseudotriton rubervioscai)
Gulf Coast Waterdog	(Necturus beyeri)
Red River Waterdog	(Necturus maculosuslouisianensis)
Central Newt	(Notophthalmus viridescens louisianensis)
Western Lesser Siren	(Siren intermedia nettingi)
* Plethodon glutinosus includes P. mississippi and P. kisatchie which can be distinguished only by biochemical methods.

Toads and Frogs
Dwarf American Toad	(Bufo americanus charlesmithi)
Oak Toad	(Bufo quercicus)
Southern Toad	(Bufo terrestris)
Gulf Coast Toad	(Bufo valliceps)
Fowler's Toad	(Bufo woodhousii fowleri)
Northern Cricket Frog	(Acris crepitans crepitans)
Southern Cricket Frog	(Acris gryllus gryllus)
Bird-voiced Treefrog	(Hyla avivoca)
Cope's Gray Treefrog	(Hyla chrysoscelis)
Greater Gray Treefrog	(Hyla versicolor)
Green Treefrog	(Hyla cinerea)
Northern Spring Peeper	(Hyla crucifer crucifer)
Pine Woods Treefrog	(Hyla femoralis )
Barking Treefrog	(Hyla gratiosa)
Squirrel Treefrog	(Hyla squirella)
Ornate Chorus Frog	(Pseudacris ornata)
Strecker's Chorus Frog	(Pseudacris streckeri)
Upland Chorus Frog	(Pseudacris triseriata feriarum)
Greenhouse Frog	(Eleutherodactylus planirostri) established exotic
Eastern Narrow-mouthed Frog	(Gastrophrynecarolinensis)
Eastern Spadefoot	(Scaphiopus holbrookii holbrookii)
Hurter's Spadefoot	(Scaphiopus holbrookihurterii)
Southern Crawfish Frog	(Rana areolata areolata)
Dusky Gopher Frog	(Rana areolata sevosa)
Bullfrog	(Rana catesbeiana)
Bronze Frog	(Rana clamitans clamitans)
Pig Frog	(Rana grylio)
Pickerel Frog	(Rana palustris)
Southern Leopard Frog	(Rana sphenocephala)

Turtles
Common Snapping Turtle	(Chelydra serpentina serpentina)
Alligator Snapping Turtle	(Macroclemystemminckii)
Southern Painted Turtle	(Chrysemys pictadorsalis)
Eastern Chicken Turtle	(Deirochelys reticularia reticularia)
Western Chicken Turtle	(Deirochelys reticularia miaria)
Mississippi Map Turtle	(Graptemys kohnii)
Ringed Map Turtle	(Graptemys oculifera)
Ouachita Map Turtle	(Graptemyspseudogeographica ouachitensis)
Sabine Map Turtle	(Graptemyspseudogeographica sabinensis)
Alabama Map Turtle	(Graptemys pulchra)
Mississippi Diamondback Terrapin	(Malaclemys terrapin pileata)
River Cooter	(Pseudemys concinna complex)
Florida Cooter	(Pseudemys floridana complex)
Gulf Coast Box Turtle	(Terrapene carolina major)
Three-toed Box Turtle	(Terrapene carolina triunguis)
Ornate Box Turtle	(Terrapene ornata ornata)
Red-eared Slider	(Trachemys scripta elegans)
Mississippi Mud Turtle	(Kinosternon subrubrum hippocrepis)
Razor-backed Musk Turtle	(Sternotherus carinatus)
Stripe-necked Musk Turtle	(Sternotherus minor peltifer)
Stinkpot	(Sternotherus odoratus)
Gopher Tortoise	(Gopherus polyphemus)
Midland Smooth Softshell	(Apalone mutica mutica)
Gulf Coast Smooth Softshell	(Apalone mutica calvata)
Gulf Coast Spiny Softshell	(Apalone spinifera aspera)
Pallid Spiny Softshell	(Apalone spinifera pallida)

Lizards
Eastern Slender Glass Lizard	(Ophisaurus attenuatus longicaudus)
Western Slender Glass Lizard	(Ophisaurus attenuatusattenuatus)
Eastern Glass Lizard	(Ophisaurus ventralis)
Mediterranean Gecko	(Hemidactylus turcicus turcicus) established exotic
Green Anole	(Anolis carolinensis)
Southern Fence Lizard	(Sceloporus undulatus undulatus)
Northern Fence Lizard	(Sceloporus undulatus hyacinthinus)
Southern Coal Skink	(Eumeces anthracinus pluvialis)
Five-lined Skink	(Eumeces fasciatus)
Southeastern Five-lined Skink	(Eumeces inexpectatus)
Broad-headed Skink	(Eumeces laticeps)
Southern Prairie Skink	(Eumeces septentrionalis obtusirostris)
Ground Skink	(Scincella lateralis)
Six-lined Racerunner	(Cnemidophorus sexlineatus sexlineatus)

Snakes
Midwest Worm Snake	(Carphophis amoenus helenae)
Western Worm Snake	(Carphophis amoenus vermis)
Northern Scarlet Snake	(Cemophora coccinea copei)
Buttermilk Racer	(Coluber constrictor anthicus)
Black-masked Racer	(Coluber constrictor latrunculus)
Tan Racer	(Coluber constrictor etheridgei)
Eastern Yellow-bellied Racer	(Coluber constrictorflaviventris)
Southern Black Racer	(Coluber constrictor priapus)
Mississippi Ringneck Snake	(Diadophis punctatusstictogenys)
Great Plains Rat Snake	(Elaphe guttata emoryi)
Corn Snake	(Elaphe guttata guttata)
Black Rat Snake	(Elaphe obsoleta obsoleta)
Texas Rat Snake	(Elaphe obsoleta lindheimeri)
Western Mud Snake	(Farancia abacura reinwardtii)
Rainbow Snake	(Farancia erytrogramma erytrogramma)
Eastern Hognose Snake	(Heterodon platyrhinos) (Lampropeltis calligaster calligaster)
Prairie Kingsnake	(Lampropeltis calligaster rhombomaculata)
Mole Kingsnake	(Lampropeltis getulus holbrooki)
Speckled Kingsnake	(Lampropeltis triangulum amaura)
Louisiana Milk Snake	(Lampropeltis
Scarlet Kingsnake	Triangulum elapsoides )
Eastern Coachwhip	(Masticophis flagellum flagellum)
Gulf Salt Marsh Snake	(Nerodia clarkii clarkii)
Western Green Water Snake	(Nerodia cyclopion)
Yellow-bellied Water Snake	(Nerodia erythrogastor flavigaster)
Blotched Water Snake	(Nerodia erythrogaster transversa)
Broad-banded Water Snake	(Nerodia fasciata confluens)
Diamond-backed Water Snake	(Nerodia rhomobifer rhombifer)
Midland Water Snake	(Nerodia sipedon pleuralis)
Rough Green Snake	(Opheodrys aestivus)
Black Pine Snake	(Pituophis melanoleucus lodingi)
Louisiana Pine Snake	(Pituophis melanoleucus ruthveni)
Graham's Crayfish Snake	(Regina grahamii)
Delta Glossy Crayfish Snake	(Regina rigida deltae)
Western Glossy Crayfish Snake	(Regina rigida sinicola)
Pine Woods Snake	(Rhadinaea flavilata)
Marsh Brown Snake	(Storeria dekayi limnetes)
Texas Brown Snake	(Storeria dekayi texana)
Midland Brown Snake	(Storeria dekayi wrightorum)
Florida Red-bellied Snake	(Storeria occipitomaculata obscura)
Southeastern Crowned Snake	(Tantilla coronata)
Flat-headed Snake	(Tantilla gracilis)
Western Ribbon Snake	(Thamnophis proximus proximus)
Gulf Coast Ribbon Snake	(Thamnophis proximus orarius)
Eastern Ribbon Snake	(Thamnophis sauritus sauritus)
Eastern Garter Snake	(Thamnophis sirtalis sirtalis)
Rough Earth Snake	(Virginia striatula)
Western Smooth Earth Snake	(Virginia valeriae elegans)
Eastern Coral Snake	(Micrurus fulvius fulvius)
Texas Coral Snake	(Micrurus fulvius tenere)
Southern Copperhead	(Agkistrodon contortrix contortrix)
Western Cottonmouth	(Agkistrodon piscivorus leucostoma)
Eastern Diamondback Rattlesnake	(Crotalus adamanteus)
Canebrake Rattlesnake	(Crotalus horridus atricaudatus)
Western Pygmy Rattlesnake	(Sistrurus miliarius streckeri)

Alligator
American Alligator	(Alligator mississippiensis)

J. Restricted Amphibians and Reptiles

1. The species listed below are considered species of conservation concern by the department.

a. No live individual of the species listed in Paragraph J.3 of this Subsection may be killed or removed from the wild without permit issued by the department.

b. Up to five individuals of these species found dead may be salvaged.

c. Any number of individuals of these species may be captured, processed on site (i.e. measured, marked, tissue samples taken by means deemed acceptable by Department of Wildlife and Fisheries, etc.) and immediately released alive without removal from the site as part of a legitimate scientific study.

2. As more information concerning the status of these and other amphibians and reptiles becomes available, species may be removed from or added to this list.

3. List of amphibians and reptiles that may not be killed or removed from the wild without permit:

a. ambystoma tigrinum - tiger salamander;

b. plethodon serratussouthern red-backed salamander;

c. plethodon websteri - Webster's salamander;

d. pseudotriton montanus - mud salamander;

e. pseudotriton ruber - red salamander;

f. pituophis ruthveni - Louisiana pine snake;

g. pituophis melanoleucus lodingi - black pine snake;

h. crotalus adamanteus - eastern diamondback rattlesnake.

4. List of Threatened or Endangered Amphibians and Reptiles. The following species are listed as threatened or endangered in Louisiana (LAC 76:I.317) and may not be collected:

a. rana sevosa - Mississippi gopher frog;

b. chelonia mydas - green sea turtle;

c. eretmochelys imbricata - hawksbill sea turtle;

d. lepidochelys kempii - Kemp's ridley sea turtle;

e. dermochelys coriacea - leatherback sea turtle;

f. caretta caretta - loggerhead sea turtle;

g. gopherus polyphemus - gopher tortoise;

h. graptemys oculifera - ringed sawback turtle.

K. Venomous and Large Constricting Snakes

1. The importation and/or private possession of constrictor snakes in excess of 12 feet, including but not limited to the following species: Apodora Papuana (Papuan Python), Liasis Olivacea, (Olive Python), Morelia Spilota (Carpet or Diamond Python), Morelia Kinghorni (Scrub Python), Morelia Amethystina (Amethystine Python), Python Natalensis (Southern African Python), Python Sebae (African Rock Python), Python Molurus (Indian Or Burmese Python), Python Reticulatus (Reticulate Python), any species of the genus Boa (Boa Constrictors), and any species of the genus Eunectes (Anacondas), and venomous snakes, (hereinafter "restricted snakes") obtained in any manner, shall be by permit issued by the Department of Wildlife and Fisheries except for animals kept by animal sanctuaries, zoos, aquariums, wildlife research centers, scientific organizations, and medical research facilities as defined in the Animal Welfare Act as found in the United States Code Title 7, Chapter 54, 2132(e).

i. Any person requesting a permit to allow importation and/or private possession of venomous snakes shall demonstrate no less than one year of substantial, practical experience (to consist of no less than 500 hours) in the care, feeding, handling, and/or husbandry of the species for which the permit is sought, or other species within the same zoological family, which are substantially similar in size, characteristics, care, and nutritional requirements to the species for which the permit is sought.

ii. For the purpose of demonstrating compliance, applicants shall submit documentation of such experience, including a detailed description of the experience acquired, the dates and time frames the experience was obtained and the specific location(s) where it was acquired, and references of no less than two individuals having personal knowledge of your stated experience. Personal reference letters do not need to be authored by venomous reptile permit holders. Additional documentation may include records of prior permits for the keeping of venomous reptiles, employment records, or any other competent documentation of the required experience.

iii. Documented educational experience in zoology or other relevant biological sciences obtained at the college or technical school level or above may substitute for up to 250 hours of the required experience. The Department of Wildlife and Fisheries shall be responsible for judgment of the adequacy of the documentation.

iv. Applicant must be at least 18 years old at the time of application.

v. Notification of relocation of facilities shall be made within 30 days of a move, and permittee shall be allowed to keep the animals in the same setup(s) until the inspection of the facility and/or room and cages within which the animals are to be kept at the new location can be undertaken by Department of Wildlife and Fisheries personnel.

vi. In the event of an escape where a constrictor snake in excess of 12 feet or a venomous snake escapes its cage and its secure containment room, and becomes outside the control of the permit holder and/or owner, notification shall immediately be made to the Department of Wildlife and Fisheries emergency notification number.

vii. A secure transport container shall be required to transport venomous snakes away from any field collection sites.

viii. Those persons who can prove prior ownership of restricted snakes have 90 days from the final ruling to obtain a permit from the department.

ix. Restricted snakes shall be kept in secure, escape proof enclosures with doors that lock, or such secure enclosures shall be enclosed in secure, escape proof rooms that are kept locked except when the animals are being fed, the cages are being cleaned, or otherwise worked by the person trained and experienced in proper care, handling, and use of the species being maintained. Entrance doors shall be kept securely locked on all outdoor enclosures to prevent escape and unauthorized intrusion and the enclosure shall be equipped with barriers to prevent visitors from falling into enclosures that are constructed below ground level.

x. Facilities that house constrictor snakes in excess of 12 feet or venomous snakes in private possession shall be open to inspection prior to issuance of a permit and at other times deemed necessary to ensure compliance with the permit by Department of Wildlife and Fisheries personnel or other persons authorized by Department of Wildlife and Fisheries to perform such inspections.

xi. Any non-permitted individual in possession of restricted snakes shall have 30 days to obtain a permit. Any individual who possesses restricted snakes in a manner not compliant with this rule shall have 30 days to demonstrate compliance to Department of Wildlife and Fisheries personnel. Any individual who remains non-compliant after 30 days shall forfeit all restricted snakes to Department of Wildlife and Fisheries personnel, who may dispose of the snakes in any manner.

2. A first violation of this Section will result in a five-year period of probation; a violation during the probationary period shall be considered a second violation, and will result in a one-year suspension of the permit; a third violation will result in a five-year suspension of a permit.

L. Except as provided in Subsection K, whoever violates the provisions of this Rule shall be subject to penalties as provided for in R.S. 56:31.

La. Admin. Code tit. 76, § XV-101

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 20:1135 (October 1994), amended LR 30:2495 (November 2004), LR 31:2569 (October 2005), LR 39:1834 (July 2013), Amended LR 42762 (5/1/2016), Amended LR 421692 (10/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:6(10), (13), (15) and (25), R.S. 56:23, and R.S. 56:632.