A. Definitions
ATV-an off-road vehicle (not legal for
highway use) with factory specifications not to exceed the following:
weight-750 lbs.; length-85"; width-48". ATV tires are restricted to those no
larger than 26x12 with a maximum 1" lug height and a maximum allowable tire
pressure of 12 psi as indicated on the tire by the manufacturer.
Commission-the Louisiana Wildlife and
Fisheries Commission.
Commission Approved Physician-any physician
licensed to practice medicine by the Louisiana state Board of Medical Examiners
who evaluates permit applicants to determine the physically challenged hunter
rule classification of permanent disability. Also, includes any Louisiana
licensed optometrist or ophthalmologist to determine visual impairment.
Department-the Louisiana
Department of Wildlife and Fisheries.
Enforcement Division-the Enforcement
Division of the Louisiana Department of Wildlife and Fisheries.
Helper-an individual who accompanies a
permitted physically challenged hunter to assist the physically challenged
hunter in accessing a hunting area, carrying hunting gear, and retrieving
harvested game.
Permanent Disability-a qualifying disability
that a commission approved physician has determined will not improve over time
or with medical treatment.
Physically Challenged ATV Permit-a permit
issued by the Wildlife Division to certain physically challenged hunters to
allow access to the specially designated ATV trails on wildlife
management areas.
Physically Challenged Hunter Permit-a permit
issued by the Department of Wildlife and Fisheries to qualified physically
challenged individuals.
Special Deer Season-a special deer season
only for individuals with valid physically challenged hunter permits
established by the Louisiana Wildlife and Fisheries Commission.
Special Physically Challenged Hunt-special
hunt or hunts on certain WMAs only for individuals with valid
physically challenged hunter permits.
WMA-a tract of land managed by the Louisiana
Department of Wildlife and Fisheries and proclaimed as a wildlife management
area by the governor of Louisiana.
Wildlife Division-the Wildlife Division of
the Louisiana Department of Wildlife and Fisheries.
B. Wheelchair Bound
1. Qualifications
a. Permanent Disability. The disability must
permanently confine the applicant to the use of a wheelchair. If the applicant
may eventually recover enough to not require the use of a wheelchair, he or she
does not qualify for this class permit. If the future prognosis is uncertain,
the applicant does not qualify at this time.
b. Certification by Commission Approved
Physician
i. Applicants must be certified
permanently disabled and confined to a wheelchair by:
(a).a commission approved
physician;
ii. Should
the commission approved physician determine the applicant is not permanently
confined to a wheelchair for medical reasons, the application is rejected and
no permit shall be issued. If approved by the physician, the Enforcement
Division must complete a wildlife criminal history check. The application must
then be forwarded to the Wildlife Division administrator for approval or
disapproval.
c.
Disqualification
i. Applicants not disabled
sufficiently to meet the confined to a wheelchair criterion shall not qualify
for this class permit.
ii.
Applicants with felony convictions or with class two or above wildlife
convictions, WMA or littering violations within the last five years, as
determined by the enforcement division, shall not be issued permits. Fishing
and boating violations are excluded.
2. Approved applicants receive the following
considerations:
a. special physically
challenged hunts-may participate in special WMA hunts;
b. special deer seasons:
i. may participate in special statewide
physically challenged hunts;
c. access to wildlife management areas.
permittees of this class shall receive a physically challenged ATV permit for
access to specially designated ATV trails on WMAs;
d. hunting from vehicles-may hunt resident
game from a stationary vehicle or stationary boat statewide, provided that this
activity does not violate state or parish laws;
e. helpers - permittee may
be accompanied by helpers (no more than two) as necessary to get to and from a
hunting area or stand and to assist in retrieving harvested game. Helpers may
not use or possess firearms/bows/crossbows when acting as a helper unless the
weapon is legal for the game hunted and the season is open to all licensed
hunters in the area the helper is hunting. Permittee is allowed one extra ATV
for his helper(s). At no time will parked or unattended helper's ATV and
permittee's ATV be placed at separate locations.
3. Conditions of Approval
a. Nontransferable. The physically challenged
hunter permit is non-transferable and is valid for named permittee
only.
b. Permit in Possession
i. The permit must be carried by named
permittee at all times while hunting in the field or transporting game
harvested under the permit.
ii.
Permittee must, in addition to the permit, carry one other form of photo
identification while hunting or transporting harvested game.
c. Helpers. Helpers accompanying
physically challenged hunters are not permitted to carry
firearms/bows/crossbows except as provided for by statewide or WMA regulations
(see Subparagraph B.2.e).
d. All
Terrain Vehicles
i. ATVs may be used only on
regular public ATV trails and specially designated ATV trails on WMA
maps.
ii. Approved individuals
(permittees and helpers) may drive the ATV to a stand within 100 yards of an
ATV trail. The ATV may also be used to retrieve the permittees harvested deer
or hogs. Travel on an ATV beyond 100 yards of the designated trail, except to
retrieve a deer or hogs, is prohibited.
e. Other Licenses Required. The issuance of a
physically challenged hunter permit does not exempt the permittee from other
license requirements. All applicable licenses required to hunt a particular
species of game must be purchased and in the permittees possession while
hunting.
f. Revocation
i. Any violation of the permit conditions by
the permittee and/or helper of wildlife laws and/or regulations may result in
cancellation of this permit.
ii.
Should there be a change in the permittee's condition, the permittee must
notify the Wildlife Division administrator. If said change is sufficient to
make the permanent use of a wheelchair unnecessary, the permit shall be
revoked.
g. Duration
i. This permit is valid for the lifetime of
named permittee or until revoked by the department.
ii. The department shall retain the right to
change the duration and/or conditions of the disabled hunter permits to comply
with future commission or legislative actions.
h. Cost-none.
C. Mobility Impaired
1. Qualifications
a. Permanent Disability
i. The disability must be permanent and
impair the applicant sufficiently to preclude walking farther than very short
distances (cannot walk 200 feet without stopping to rest) even with mechanical
aids. If the applicant may eventually recover, or if the future prognosis is
uncertain, the applicant does not qualify at this time; provided however,
individuals who are temporarily disabled for a minimum of one year duration may
be issued this permit for a period of one year only. If the condition still
exists after one year, the individual would have to reapply and be issued a new
permit.
ii. Qualifying disabilities
under this class may include, but are not limited to:
(a). permanent and continual use of
artificial limbs, crutches, leg braces, or canes due to injury, disease, or
birth defect. Cannot walk without the assistance of another person, walker,
cane, crutches, braces, or prosthetic device, or temporary use of a
wheelchair;
(b). defects of
circulatory system, respiratory system, skeletal structure, or neurological
disorders caused by disease, injury, or birth defect. Applicant must be
restricted by a lung disease to such an extent that the person's forced
(respiratory) volume for one second, when measured by spirometry, is less than
one liter, or the arterial oxygen tension is less than sixty mm/hg on room air
at rest, or uses portable oxygen, or has a cardiac condition to the extent that
the person's functional limitations are classified in severity as class III or
class IV according to standards set by the American Heart Association, or has a
diagnosed disease or disorder, including a severe arthritic, neurological, or
orthopedic impairment, which creates a severe mobility limitation.
iii. Nonqualifying disabilities
may include, but are not limited to:
(a).
vision impairment;
(b). arm, hand,
shoulder, or other impairments that do not affect walking;
(c). any impairment considered to be a part
of or resulting from the normal aging process;
(d). any impairment resulting from or due to
a lack of physical conditioning.
b. Certification by Commission Approved
Physician
i. Applicants must be certified
permanently disabled and mobility impaired by:
(a). a commission approved
physician.
ii. Should
the commission approved physician determine the applicant is not permanently
mobility impaired, the application is rejected and no permit shall be issued.
If approved by the physician, the Enforcement Division must complete a wildlife
criminal history check. The application must then be forwarded to the Wildlife
Division administrator for approval or disapproval.
c. Disqualification
i. Applicants not disabled sufficiently to
meet the mobility impaired criterion shall not qualify for the class
permit.
ii. Applicants with felony
convictions or with class two or above wildlife convictions, WMA or littering
violations within the last five years, as determined by the Enforcement
Division, shall not be issued permits. Fishing and boating violations are
excluded.
2.
Approved applicants receive the following considerations:
a. special physically challenged
hunts - may participate in special WMA hunts;
b. special deer seasons -
may participate in special statewide physically challenged
hunts;
c. access to wildlife
management areas - permittees of this class shall receive a
physically challenged ATV permit for access to specially designated ATV trails
on WMAs;
d. helpers -
permittee may be accompanied by helpers (no more than two) as
necessary to get to and from a hunting area or stand and to assist in
retrieving harvested game. Helpers may not use or possess
firearms/bows/crossbows when acting as a helper unless the weapon is legal for
the game hunted and the season is open to all licensed hunters in the area the
helper is hunting. Permittee is allowed one extra ATV for his helper(s). At no
time will parked or unattended helper's ATV and permittee's ATV be placed at
separate locations.
3.
Conditions of Approval
a. Nontransferable. The
physically challenged hunter permit is non-transferable and is
valid for named permittee only.
b.
Permit in Possession
i. The permit must be
carried by named permittee at all times while hunting in the field or
transporting game harvested under the permit.
ii. Permittee must, in addition to the
permit, carry one other form of photo identification while hunting or
transporting harvested game.
c. Helpers. Helpers accompanying physically
challenged hunters are not permitted to carry firearms/bows/crossbows except as
provided for by statewide or WMA regulations (see Subparagraph
C.2.d).
d. All Terrain Vehicles
i. ATVs may be used only on regular public
ATV trails and ATV trails on WMA maps.
e. Other Licenses Required. The issuance of a
physically challenged hunter permit does not exempt the permittee from other
license requirements. All applicable licenses required to hunt a particular
species of game must be purchased and in the permittee's possession while
hunting.
f. Revocation
i. Any violation of the permit conditions by
the permittee and/or helper of wildlife laws and/or regulations may result in
cancellation of the permit.
ii.
Should there be a change in the permittee's condition, the permittee must
notify the Wildlife Division administrator. If said change is sufficient to
enable the permittee to walk more than 200 feet without stopping to rest the
permit shall be revoked.
g. Duration
i. This permit is valid for the lifetime of
named permittee or until revoked by the department.
ii. The department shall retain the right to
change the duration and/or conditions of the physically challenged hunter
permits to comply with future commission or legislative action.
h. Cost-none.
D. Amputee of the Upper Extremity
1. Qualifications
a. Permanent Disability. The applicant must
have an amputation of at least one arm, hand, or all five fingers of one hand
to qualify for a permit of this class.
b. Certification by Commission Approved
Physician
i. Applicants must be certified
permanently disabled as an amputee of the upper extremity by a commission
approved physician.
ii. Should the
commission approved physician determine the applicant is not an amputee of the
upper extremity, the application shall be rejected. If approved by the
physician, the Enforcement Division must complete a wildlife criminal history
check. The application must then be forwarded to the Wildlife Division
Administrator for approval or disapproval.
c. Disqualification
i. Applicants not disabled sufficiently to
meet the amputee of the upper extremity criterion shall not qualify for this
class permit.
ii. Applicants with
felony convictions or with Class Two or above wildlife convictions, WMA or
littering violations within the last five years, as determined by the
Enforcement Division, shall not be issued permits. Fishing and boating
violations are excluded.
2. Approved applicants receive the following
considerations:
a. special physically
challenged hunts - may participate in special WMA hunts;
b. special deer seasons - may participate in
special statewide physically challenged hunts;
c. access to wildlife management areas -
permittees of this class shall receive a physically challenged ATV permit for
access to specially designated ATV trails on WMAs;
d. helpers - permittee may be accompanied by
helpers (no more than two) as necessary to get to and from a hunting area or
stand and to assist in retrieving harvested game. Helpers may not use or
possess firearms/bows/crossbows when acting as a helper unless the weapon is
legal for the game hunted and the season is open to all licensed hunters in the
area the helper is hunting. Permittee is allowed one extra ATV for his
helper(s). At no time will parked or unattended helper's ATV and permittee's
ATV be placed at separate locations.
3. Conditions of Approval
a. Nontransferable. The physically challenged
hunter permit is nontransferable and is valid for named permittee
only.
b. Permit in Possession
i. The permit must be carried by named
permittee at all times while hunting in the field or transporting game
harvested under the permit.
ii.
Permittee must, in addition to the permit, carry one other form of photo
identification while hunting or transporting harvested game.
c. Helpers. Helpers accompanying
physically challenged hunters are not permitted to carry
firearms/bows/crossbows except as provided for by statewide or WMA regulations
(see Subparagraph D.2.d).
d. All
Terrain Vehicles
i. ATVs may be used only on
regular public ATV trails and physically challenged ATV trails as specially
designated on WMA maps.
e. Other Licenses Required. The issuance of a
physically challenged hunter permit does not exempt the permittee from other
license requirements. All applicable licenses required to hunt a particular
species of game must be purchased and in the permittees possession while
hunting.
f. Revocation. Any
violation of the permit conditions by the permittee and/or helper of wildlife
laws and/or regulations may result in cancellation of this permit.
g. Duration
i. This permit is valid for the lifetime of
named permittee or until revoked by the department.
ii. The department shall retain the right to
change the duration and/or conditions of the physically challenged hunter
permits to comply with future commission or legislative action.
h. Cost-none.
E. Visually Impaired
1. Qualifications
a. Permanent Disability. The applicant must
have an impairment of visual functioning, even after treatment and/or standard
refractive correction, and has a visual acuity of equal to or less than 20/200
to light perception, or a visual field of less than ten degrees from the point
of fixation, as certified by a Louisiana licensed optometrist or
ophthalmologist to qualify for a permit of this class.
b. Certification by Commission Approved
Physician
i. Applicants must be certified
permanently disabled as visually impaired by a commission approved
physician.
ii. Should the
commission approved physician determine the applicant is not visually impaired,
the application shall be rejected. If approved by the physician, the
Enforcement Division must complete a wildlife criminal history check. The
application must then be forwarded to the Wildlife Division administrator for
approval or disapproval.
c. Disqualification
i. Applicants not disabled sufficiently to
meet the visually impaired criterion shall not qualify for this class
permit.
ii. Applicants with felony
convictions or with class two or above wildlife convictions, WMA or littering
violations within the last five years, as determined by the Enforcement
Division, shall not be issued permits. Fishing and boating violations are
excluded.
2.
Approved applicants receive the following considerations:
a. special physically challenged
hunts - may participate in special WMA hunts;
b. special deer seasons. may participate in
special statewide physically challenged hunts;
c. access to wildlife management
areas - permittees of this class shall receive a physically
challenged ATV permit for access to specially designated ATV trails on
WMAs;
d. helpers -
the permittee shall be accompanied by another licensed hunter and only
the person holding the physically challenged hunter permit may discharge the
firearm. Helpers may not use or possess firearms/bows/crossbows when acting as
a helper unless the weapon is legal for the game hunted and the season is open
to all licensed hunters in the area the helper is hunting. Permittee is allowed
one extra ATV for his helper(s). At no time will parked or unattended helper's
ATV and permittee's ATV be placed at separate locations;
e. the permittee shall be permitted to use a
laser sight or sighting device which projects a beam of light to the target
only.
3. Conditions of
Approval
a. Nontransferable. The physically
challenged hunter permit is nontransferable and is valid for named permittee
only.
b. Permit in Possession
i. The permit must be carried by named
permittee at all times while hunting in the field or transporting game
harvested under the permit.
ii.
Permittee must, in addition to the permit, carry one other form of photo
identification while hunting or transporting harvested game.
c. Helpers. Helpers accompanying
physically challenged hunters are not permitted to carry
firearms/bows/crossbows except as provided for by statewide or WMA regulations
(see Subparagraph E.2.d).
d. All
Terrain Vehicles
i. ATVs may be used only on
regular public ATV trails and specially designated ATV trails on WMA
maps.
e. Other Licenses
Required. The issuance of a physically challenged hunter permit does not exempt
the permittee from other license requirements. All applicable licenses required
to hunt a particular species of game must be purchased and in the permittees
possession while hunting.
f.
Revocation. Any violation of the permit conditions by the permittee and/or
helper of wildlife laws and/or regulations may result in cancellation of this
permit.
g. Duration
i. This permit is valid for the lifetime of
named permittee or until revoked by the department.
ii. The department shall retain the right to
change the duration and/or conditions of the physically challenged hunter
permits to comply with future commission or legislative action.
h. Cost - none.
Notes
La. Admin. Code tit.
76, §
XIX-105
Promulgated by the
Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR
22:856 (September 1996), amended LR 34:1444 (July 2008), LR 36:2051 (September
2010), Amended
LR
441277 (7/1/2018).
AUTHORITY NOTE:
Promulgated in accordance with Act 1226 of the 1995 Louisiana Legislative
Session.