A. The Louisiana Department of Wildlife and Fisheries is authorized to conserve resident species of wildlife or native plants, and those species determined to be threatened or endangered by the secretary and the secretary of the Interior of the United States, and to formulate conservation programs and plans, to be submitted to the secretary of Interior for review.
B. The Louisiana Department of Wildlife and Fisheries is authorized to conduct investigations on resident wildlife or native plants in order to develop information relating to populations, distribution, habitat needs, limiting factors and other biological, economic, and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations the commission may issue regulations designed to assist the continued ability of wildlife or native plants deemed in need of conservation to perpetuate themselves successfully. The department may conduct ongoing investigations of wildlife or native plants and the commission may from time to time amend such regulations.
C. The commission may establish such programs, including acquisition of land or aquatic habitat or interests therein, as are deemed necessary for the conservation of threatened or endangered species of wildlife or native plants. The commission may utilize all vested authority except the power of expropriation to carry out the purposes of this Part.
Citation: LSA-R.S. 56:1903.
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; or
(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 he has first:
(1) Published a notice of such proposed action in conformity with the provisions of the Louisiana Administrative Procedure Act as contained in R.S. 49:951 through R.S. 49:966, 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.
(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...
Citation: LSA-R.S. 56:1904.