Endangered Species - Protections and Prohibited Actions - Louisiana

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...

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...

Citation: LSA-R.S. 56:1904.

...C. That the state should assist in the protection of species of wildlife which are determined to be “threatened” or “endangered” elsewhere pursuant to the Federal Endangered Species Act, as concurred in by the Louisiana Wildlife and Fisheries Commission, by prohibiting the taking, possession, transportation, exportation from the state, processing, sale or offer for sale or shipment within this state of such endangered species, or by carefully regulating such activities with regard to such species...

Citation: LSA-R.S. 56:1901.

(131) “Take” means, in its different tenses, the attempt or act of hooking, pursuing, netting, capturing, snaring, trapping, shooting, hunting, wounding, or killing by any means or device...

Citation: LSA-R.S. 56:8.