Amendment vs bill House Committee Amendment, #5114, NATR, Adopted vs Enrolled

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Regular Session ENROLLED SENATE CONCURRENT RESOLUTION NO.
HCASCR24 4563 5114 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Natural Resources and Environment to Engrossed Senate Concurrent Resolution No.
24 BY SENATORS WOMACK, ABRAHAM, CARTER, CATHEY, CONNICK, HENRY, JACKSON-ANDREWS,KLEINPETER,LUNEAU,MILLER,MIZELL, MORRIS,PRICEANDSTINEANDREPRESENTATIVESBAYHAM, BOURRIAQUE, BOYER, BROUSSARD, BUTLER, CARLSON, FARNUM, HORTON, ILLG, MCCORMICK, OWEN, RISER, SAWYER, VENTRELLA AND WILDER A CONCURRENT RESOLUTION To amend Department of Wildlife and Fisheries rule LAC 76:V.137, to provide for chronic wasting disease management;
24 by Senator Womack AMENDMENT NO.
to provide for definitions;
1 On page 4, line 8, after "CWD at" delete the remainder of the line and insert "2.5%" AMENDMENT NO.
to provide for prevalence;
2 On page 4, line 9, after"confidence," and before "three hundred" delete "calculated with a minimum of" and insert "not to exceed" AMENDMENT NO.
to provide for management zones;
3 On page 5, at the end of line 14, after "seasons" and before the period "." insert "without an additional confirmed CWD detection" AMENDMENT NO.
to provide for supplemental feeding and baiting restrictions;
4 On page 6, at the beginning of line 9, change "1.5%" to "2.5%" AMENDMENT NO.
to provide for surveillance season;
5 On page 6, line 10, after "exceeds the" and before "threshold" change "1.5%" to "2.5%" AMENDMENT NO.
to provide for sampling;
6 On page 6, between lines 12 and 13 insert the following:
to provide for export restrictions;
"b.
and to direct the Louisiana Register to print the amendments in the Louisiana Administrative Code.
If apparent prevalence exceeds 20%, placement of bait and supplemental feed is allowed." AMENDMENT NO.
WHEREAS, chronic wasting disease (CWD) is a neurodegenerative disease found in most cervid species, including white-tailed deer;
7 On page 6, at the beginning of line 13, change "b." to "c." AMENDMENT NO.
and WHEREAS, one of a group of diseases known as transmissible spongiform encephalopathies, CWD is infectious, always fatal, and has no treatment;
8 On page 6, line 22, after "exceeds" and before the comma "," change "1.5%" to "2.5%" Page 1 of 1 CODING:
and WHEREAS, CWD is shed by infected deer onto the landscape, can persist in the environmentindefinitely,andhasbeendetectedinfree-rangingcervidpopulationsinthirty- six states, including Louisiana, Arkansas, Mississippi, and Texas;
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
and WHEREAS, the Department of Wildlife and Fisheries adopted rules to establish a CWD Control Area,consisting of the infectious zone and a buffer,to implement mitigation Page 1 of 7 SCR NO.
24 ENROLLED and containment measures;
and WHEREAS, the CWD Control Area has been expanded through emergency declarations and is comprised of portions of Avoyelles, Caldwell, Catahoula, Concordia, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison, Morehouse, Ouachita, Pointe Coupee, Rapides, Richland, Tensas, and Union parishes;
and WHEREAS, within the CWD Buffer Zone, feeding and baiting of deer is allowed under certain conditions;
and WHEREAS, the CWD Control Area encompasses multiple Enhanced Mitigation Zones wherein supplemental feeding, baiting, placement of bait, and hunting over bait are prohibited;
and WHEREAS,deerhuntinghasdeeprootsinLouisiana'sculturalheritageandprovides significant recreational enjoyment and economic benefits to families, landowners, businesses, local communities, and the state;
and WHEREAS,manylocalbusinessesprovidethefeed,bait,andmineralandsaltlicks Louisiana hunters use to attract deer;
and WHEREAS, restrictions and bans on feeding and baiting can discourage hunter participation and have detrimental economic impacts that ripple from local farms and retail businesses outward to the parishes and state;
and WHEREAS, overly broad regulatory measures may impose unintended burdens on hunters, businesses, landowners, and government, and mayundermine the cooperation that is essential to effectively manage CWD;
and WHEREAS, successful mitigation and containment of CWD demands agile and targeted science-based strategies, including surveillance, testing, and hunting, processing, and transportation restrictions, all of which must be balanced with and calibrated to the interests of conservation, recreation, and the economy;
and WHEREAS, amending the rules for CWD Control Areas will better balance recreationalandeconomicinterestswiththestate'sneedtoconservethedeerpopulationand mitigate the risks of CWD;
and WHEREAS,R.S.49:969providesthat"thelegislature,byconcurrentresolution,may suspend, amend, or repeal anyrule or regulation or body of rules or regulations, or any fee oranyincrease,decrease,orrepealofanyfee,adoptedbyastatedepartment,agency,board, Page 2 of 7 SCR NO.
24 ENROLLED or commission".
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC 76:V.137 is hereby amended to read as follows:
§137.
Rules and Regulations for Chronic Wasting Disease Control Areas A.
Definitions Apparent prevalence – the percentage of deer tested for CWD with confirmed positive CWD test results within a surveillance season.
Cervid – any animal of the family Cervidae including, but not limited to, white-tailed deer, mule deer, elk, moose, caribou "reindeer", fallow deer, axis deer, sika deer, and red deer.
ChronicWastingDisease(CWD)–Neurodegenerativediseasefoundinmost deer species, including white-tailed deer, mule deer, elk, red deer, moose, and caribou.
It is infectious, always fatal, and has no treatment.
CWD is part of a group ofdiseasesknowastransmissiblespongiformencephalopathies(TSEs)andissimilar to BSE (mad cow disease) in cattle and scrapie in sheep.
These diseases cause irreversibledamagetobraintissue,whichleadstoexcessivesalivation,neurological symptoms, emaciation, and death of the animal.
Control Area– a designated areaconsistingoftheCWDinfectiouszoneand buffer zone where mitigation measures and regulations are applied to curb further spreadofthedisease.TheControlAreaisestablishedanddefinedbythemapbelow:
CWD management zone – an area established and defined in response to the detection of CWD where disease mitigation is applied.
It is comprised of both a CWD 5-mile and a 15-mile zone.
The CWD management zone shall be established on the LDWF website at the beginning of the surveillance season and published in the electronic edition of the annual hunting regulations pamphlet annually in conformity with this Section.
5-mile zone – a defined area five miles or more from a confirmed CWD positive deer.
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15-mile zone – a defined area fifteen miles or more from a confirmed CWD positive deer.
Supplemental feed/bait – salt, grain, or other feed that has been placed, Page 3 of 7 SCR NO.
24 ENROLLED exposed, deposited, distributed, or scattered, if that salt, grain, or other feed could serve as a lure or attractant for wild quadrupeds or wild birds via ingestion.
Surveillance goal – the surveillance goal in relation to a CWD managementzone,whichisthestatisticalprobabilityofdetectingCWDat2.5% prevalence with 95% confidence, not to exceed three hundred samples and developed by subject matter experts.
Surveillance season –CWDsamples collectedfromJuly 1st-June 30th.
B.
Supplemental feeding, baiting, placement of bait, or hunting over bait is prohibited within the portion of the CWD Control Area designated as the CWD Enhanced Mitigation Zone.
It is the responsibility of hunters to check their hunting areafor bait prior to eachhunt.
A baited areais an areaon which salt, grain, or other feedhasbeenplaced,exposed,deposited, distributed, or scattered,ifthatsalt, grain, or other feedcould serveas a lure or attractantfor wild quadrupeds or wild birds via ingestion.
Supplemental feeding and baiting is allowed in the portion of the CWD Control Area designated as the CWD Buffer Zone, but only by non-stationary, mechanical or electronic broadcast methods.
The use of bait not normally ingested bydeerisallowedforferalhogtrapping,orbyholdersofbearharvestpermitsduring the designated bear baiting period.
B.
CWDManagementZoneEstablishment,Modification, and Removal 1.
Upon confirmation of a CWD detection in a wild cervid outside of an existing CWD management zone, LDWF shall immediately establish a CWD management zone around the CWD index case.
2.
Existing CWD management zone boundaries shall only be modified upon the conclusion of the CWD surveillance season when CWD is confirmed outside of a CWD 5-mile zone.
3.
Establishment, modification, or removal of the CWD management zoneshall beexecutedviadeclarationof emergencyby thesecretary,subjectto ratification or amendment by the commission at its next regular meeting, and publication of the map on LDWF's website.
4.
When establishing the CWD management zone, LDWF shall utilize Page 4 of 7 SCR NO.
24 ENROLLED public roads, geopolitical boundaries, water ways, visible rights-of-way, and othernaturalormanmadefeaturesthatserveasidentifiableboundaries.LDWF shall endeavor to establish the 5-mile zone and 15-mile zone as closely to each zone'srespectiveactualradiusaspracticable.LDWFmayconsiderinclusionof processors, taxidermists, stateor federal lands, WMA's and refuges, and other relevant considerations when establishing the CWD management zone and its components.
5.TheCWDmanagementzoneshallberemovedwhensurveillancegoals are met for three consecutive CWD surveillance seasons without an additional confirmed CWD detection.
C.
Carcass Export Restrictions 1.
The export of any cervid carcass or part of a cervid carcass originating withinadesignatedCWDControlAreamanagementzoneisprohibited,exceptfor:
meat that is cut and wrapped;
meat that has been boned out;
quarters or other portions of meat with no part of the spinal column or head attached, antlers, clean skull plates with antlers,cleanedskulls without tissue attached,capes,tannedhides, finished taxidermy mounts, and cleaned cervid teeth.
D.2.ApprovedpartstransportedoutoftheCWDControlAreamanagement zone must be legallypossessed.
Approved parts must contain a possession tag with thehunter'sname,address,LDWFlicensenumber,parishofharvest,dateofharvest, and sex of deer.
All cervid parts transported out of the Control Area CWD management zone that are in violation of the provisions of this ban shall be seized and disposed of in accordance with the Wildlife and Fisheries Commission and Department of Wildlife and Fisheries rules.
E.3.
LDWF shall establish maintain a permitting system to allow for uncleaned cervid heads to be transported out of the Control Area CWD management zone and to Louisiana taxidermy businesses solely for taxidermy purposes by waiver and adherence to waiver guidelines.
D.
Baiting and Supplemental Feeding Restrictions 1.Placementofbaitandsupplementalfeedforwildquadrupedsandwild birds,orhunting overbait, isprohibited within both theCWD5-milezoneand Page 5 of 7 SCR NO.
24 ENROLLED the15-milezone,exceptthatplacementofbaitandsupplementalfeedisallowed fromSeptember1stthroughMarch31st,whenapparentprevalenceislessthan 2.5% and the CWD management zone surveillance goal is achieved annually.
a.Ifapparentprevalenceexceedsthe2.5%threshold,theprohibition of bait and supplemental feed shall be in effect for future surveillance seasons, subject to ratification or amendment by the commission.
b.
If apparent prevalence exceeds 20%, placement of bait and supplemental feed is allowed.
c.
Failure to reach the surveillance goal in any CWD management zone shall result inaprohibitionofbaitandsupplementalfeedwithin theassociated 5-mile zone and 15-mile zone for the subsequent surveillance season and shall remain in effect until such time as the surveillance goal is achieved, subject to ratification or amendment by the commission.
2.
It is the responsibility of hunters to check their hunting area for bait prior to each hunt.
3.
Bait and supplemental feed restrictions for any new, modified, or expanded CWD management zone are effective upon confirmation that apparentprevalenceexceeds2.5%,subjecttoratificationoramendmentbythe commission.
4.
The use of bait not normally ingested by deer is allowed for feral hog trapping orholdersof bearharvestpermitsduring the designated bearbaiting season.
E.
Incentivized Hunter Harvest in CWD Management Zones 1.
Properties within the CWD 5-mile zone that have forty or more contiguous acresareeligible forTier1DMAP(liberalizedbaglimitandseason length)at no cost.
All or part of the property must be within thespecified zone.
2.
LDWF is authorized to issue replacement tags to any hunter who harvests a deer that tests positive for CWD.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted totheofficeofthestateregister,theDepartmentofWildlifeandFisheries,andtheLouisiana Wildlife and Fisheries Commission.
Page 6 of 7 SCR NO.
24 ENROLLED BEITFURTHERRESOLVEDthattheLouisianaRegisterisherebydirectedtohave the amendments to LAC 76.V.137 printed and incorporated into the Louisiana Administrative Code, to include removal of the Control Area map, and to transmit a copy of the revised rules to the Department of Wildlife and Fisheries and the Louisiana Wildlife and Fisheries Commission.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES Page 7 of 7