Department of Wildlife and Fisheries

Office of Wildlife

Threatened and Endangered Species (LAC 76:I.317)

The Department of Wildlife and Fisheries, Office of Wildlife, does hereby give notice of its intent to update the list of threatened and endangered species in Louisiana.

Title 76

WILDLIFE AND FISHERIES

Part I.  Wildlife and Fisheries Commission
and Agencies Thereunder

Chapter 3.         Special Powers and Duties

Subchapter E.  Louisiana Natural Heritage

Section317.  Threatened and Endangered Species

17. The secretary of the Department of Wildlife and Fisheries hereby determines that those species designated as endangered or threatened pursuant to the Federal Endangered Species Act (ESA) of 1973 (87 stat. 884, as amended; 16 U.S.C. 1531 et seq.), are designated as such by the U.S. Fish and Wildlife Service at 50 CFR 17.11. Based upon the above determination, said species, which are enumerated below, are deemed to be endangered or threatened species under the provisions of Louisiana Revised Statutes title 56, chapter 8, part IV.

AUTHORITY NOTE:    Promulgated in accordance with R.S. 56:1904.

HISTORICAL NOTE:   Promulgated by the Department of Wildlife and Fisheries, Office of Wildlife, LR 15:1099 (December 1989), amended LR 18:877 (August 1992), LR 37:2438 (August 2011), LR 44:

Family Impact Statement

In accordance with Act 1183 of 1999 Regular Session of the Louisiana Legislature, the Department of Wildlife and Fisheries, Office of Wildlife hereby issues its Family Impact Statement in connection with the preceding Notice of Intent. This Notice of Intent will have no impact on the six criteria set out at R.S. 49:972(B).

Poverty Impact Statement

The proposed rulemaking will have no impact on poverty as described in R.S. 49:973.

Provider Impact Statement

This Rule has no known impact on providers as described in HCR 170 of 2014.

Public Comments

Written comments may be addressed to Amity Bass, Biologist Director, Coastal and Nongame Resources Division, Department of Wildlife and Fisheries, P.O. Box 98000, Baton Rouge, LA 70898, or abass@wlf.la.gov no later than 4:30 p.m., February 2, 2018.

Jack Montoucet

Secretary

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE:  Threatened and Endangered Species

1. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

The proposed rule change will have no expenditure impact on state or local governmental units.

The proposed rule amends the State of Louisiana’s list of threatened and endangered species to make it consistent with the federal list. It adds nine species to the State of Louisiana’s list of threatened and endangered species, including one mollusk (rabbitsfoot); one fish (smalltooth sawfish); one reptile (black pinesnake); one bird (red knot); one mammal (northern long-eared bat); and four plants (American chaffseed, Earth-fruit, Louisiana quillwort, and pondberry).

The proposed rule removes eight species that are rarely encountered in Louisiana from the state’s list of threatened and endangered species: the American burying beetle, the Eskimo curlew, the Ivory–billed woodpecker, Bachman’s warbler, the red wolf, the blue whale, the finback whale, and the sei whale.

The proposed rule amends the status of the West Indian manatee from endangered to threatened.

The proposed rule removes the Louisiana black bear from the threatened species list because the subspecies’ stock has been deemed to have recovered.

The proposed rule corrects the taxonomic nomenclature of five species: the Gulf sturgeon, the pallid sturgeon, the dusky gopher frog, the interior least tern, and the sperm whale.

The proposed rule corrects the common name of Graptemys oculifera, the ringed map turtle.

1. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

The proposed rule change may have a slight impact on revenue collections, however the department does not anticipate this occurring.

Since 2000, the Louisiana Department of Wildlife and Fisheries has issued 11 citations for incidents involving species on the list. All but one of these was related to the Louisiana black bear. The civil restitution payments associated with these cases totaled approximately $19,000. The amount collected was based upon the species’ value determined in Title 76, which is not affected by the proposed rule change.

III.    ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

To the extent individuals unlawfully cause serious negative impacts to the endangered or threatened species, these individuals will be impacted. LDWF will consider this a Class Six Violation, which has the potential to fine individuals no less than $900, but no more than $950, face imprisonment, or both.

1. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The proposed rule change is anticipated to have no effect on competition and employment.