Effective April 2006

RULE

Department of Wildlife and Fisheries
Wildlife and Fisheries Commission

The Wildlife and Fisheries Commission does hereby amend the regulations for possession of potentially dangerous quadrupeds by adding non-human primates.

Title 76
WILDLIFE AND FISHERIES
Part V. Wild Quadrupeds and Wild Birds
Chapter 1. Wild Quadrupeds

§115. Possession of Potentially Dangerous Wild Quadrupeds and Non-Human Primates
A. This Commission finds that possession of certain potentially dangerous quadrupeds and non-human primates poses significant hazards to public safety and health, is detrimental to the welfare of the animals, and may have negative impacts on conservation and recovery of some threatened and endangered species.

1. The size and strength of such animals in concert with their natural and unpredictable and/or predatory nature can result in severe injury or death when an attack upon a human occurs. Often such attacks are unprovoked and a person other than the owner, often a child, is the victim. Furthermore, there is no approved rabies vaccine for such animals, so even minor scratches and injuries inflicted upon humans or other animals could be deadly.
2. Responsible possession of these potentially dangerous wild quadrupeds and non-human primates necessitates that they be confined in secure facilities. Prolonged confinement is by its nature stressful to these animals and proper long-term care by experienced persons is essential to the health and welfare of these animals and to society.
3. Certain of these animals are listed as endangered species and others are so similar in appearance to endangered subspecies as to make practical distinction difficult. This similarity of appearance may provide a means to market illegally obtained endangered animals and can limit the effective enforcement of endangered species laws.
B. This Commission regulation prohibits importation and private possession of certain wild quadrupeds and non-human primates as follows.
C. 1. Except as provided herein, it shall be unlawful to import into, possess, purchase or sell within the State of Louisiana, by any means whatsoever including but not limited to transactions conducted via the internet, any of the following species or its subspecies of live wild quadrupeds or non-human primates, domesticated or otherwise (hereinafter "listed animals"):
a. Cougar or mountain lion (Felis concolor)
b. Black bear (Ursus americanus)

c. Grizzly bear (Ursus arctos)
d. Polar bear (Ursus maritimus)
e. Red wolf (Canis rufus)
f. Gray wolf (Canis lupus)
g. Wolf dog hybrid (Canis lupus or Canis rufus x Canis familiarus)
h. All non-human primates
2. Valid game breeder license holders for these species listed Subparagraph a-f above 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 are transferred to a suitable facility. No additional listed animals may be acquired.
3. The prohibition against wolf-dog hybrids expired January 1, 1997. Persons are cautioned that local ordinances or other state regulations may prohibit possession of these animals. Any animal which appears indistinguishable from a wolf, or is in any way represented to be a wolf shall be considered to be a wolf in the absence of bona fide documentation to the contrary.
4. The following organizations and entities shall be exempt from this regulation, including permitting:
a. Zoos accredited or certified by the American Zoo and Aquarium Association (AZA);

b. Research facilities as defined in the Animal Welfare Act as found in the United States Code Title 7, Chapter 54, §2132(e), including but not limited to the University of Louisiana at Lafayette Primate Center, the Tulane National Primate Research Center, and Chimp Haven, Inc., located in Shreveport, LA; and
c. Any person transporting any listed animal through the State if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent escape and contact with the public.
5. The following organizations and entities may be exempted from this regulation after applying for and receiving a permit from the Department to possess any listed animal under the following conditions:
a. Other zoos and educational institutions not covered under Subparagraph 4.c. above. The Secretary shall determine whether to issue a permit and any conditions for the permit on a case by case basis.
b. Animal Sanctuaries accredited or certified by AZA. Permitted Sanctuaries are prohibited from breeding or selling any listed animal. The animals must be housed in such a manner as to prevent public contact. Permitted sanctuaries are prohibited from transporting these animals to any public building or place where they may come into contact with the public including, but not limited to schools, hospitals or malls is prohibited.

6. As provided below, the following individuals may be exempted from this regulation after applying for and receiving a permit from the Department to possess a non-human primate. The permit will be for one year and must be renewed annually under the following conditions:
a. A physically challenged individual who has exclusive possession of no more than one monkey that is working to aid and assist said individual with his/her disability and where the monkey has been obtained through and trained by a licensed and accredited non-profit organization dedicated to improving the quality of lives for physically challenged.
b. An individual who legally possesses one or more non-human primates prior to the effective date of this regulation and who can prove legal ownership is authorized to keep those non-human primates but is prohibited from acquiring any additional non-human primates by any means whatsoever, including breeding.
c. The individuals listed in this subsection must annually apply for and receive a permit from the Department. The permit application shall include:
i. The name, address, telephone number, and date of birth of applicant.
ii. A description of each non-human primate applicant possesses, including the scientific name, sex, age, color, weight, and any distinguishing marks.

iii. A photograph of each non-human primate and its permanent enclosure.
iv. The physical location where the non-human primate is to be kept.
v. Proof of legal ownership. (Proof of legal ownership includes original purchase documents, veterinary records, or other documentation, acceptable to the Department demonstrating ownership.)
vi. The microchip or tattoo number of each non-human primate.
vii. A health certificate signed by a licensed veterinarian within one year prior to the date of the application stating that the animal is free of all symptoms of contagious and/or infectious diseases at the time of the examination and that all appropriate tests and preventative measures have been performed as deemed necessary by the veterinarian.
d. Permit holders must house their non-human primates in such a manner as to prevent public contact and are prohibited from transporting their non-human primate to any public building or place where the public may come into contact with the non-human primate, including, but not limited to schools, hospitals or malls.

e. Permit holders must have their non-human primates examined annually by a licensed veterinarian to insure that the animal is free of all symptoms of contagious and/or infectious diseases at the time of examination and all appropriate tests and preventative measures have been performed as deemed necessary by the veterinarian.
f. Permit holders are required to report any escapes to the Department within 24 hours of discovery of the escape.
g. Permit holders are required to submit any changes to the permit information provided in the permit application within 30 days of the date those changes take effect or the permit will be considered invalid.
D. Minimum pen requirements for exempted educational institutions, zoos and scientific organizations are as follows:
1. Bears
a. single animal: 25 feet long x 12 feet wide x 10 feet high, covered roof;
b. pair: 30 feet long x 15 feet wide x 10 feet high, covered roof;
c. materials: chain link 9 gauge minimum;
d. safety perimeter rail;
e. pool: 6 feet x 4 feet x 18 inches deep with facilities for spraying or wetting bear(s);
2. Wolf
a. 15 feet long x 8 feet wide x 6 feet high per animal, covered roof;

b. secluded den area: 4 feet x 4 feet for each animal;
c. materials: chain link wire or equivalent;
d. safety perimeter rail;
3. Cougar, Mountain lion
a. single animal: 10 feet long x 8 feet wide x 8 feet high, covered roof;
b. pair: 15 feet long x 8 feet wide x 8 feet high, covered roof;
c. materials: chain link 9 gauge minimum;
d. safety perimeter rail;
e. claw log;
f. shelf: 24 inch wide x 8 feet long, 40 inches off floor.
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:115, R.S. 56:171, and R.S. 56:1904F.
HISTORICAL NOTE: Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 21:1356 (December 1995), LR 32: .
Terry D. Denmon
Chairman