§116.3. Special provisions applicable to deer and bear; times and methods of taking; penalties

            A.(1) No person shall do any of the following:

            (a) Hunt or shoot a deer or bear at any time with a firearm smaller than a .22 caliber centerfire, or a shotgun using a shell loaded with shot less than buckshot or rifled slug, or a bow with less than thirty pounds of pull, or other than arrows with broadhead points.

            (b) Hunt or shoot deer while on a highway or road right of way, or stand, loiter, hunt, or shoot game quadrupeds or game birds while on a highway or road right of way that is maintained by the federal government, the state government, the state, or any parish, with a gun during open season.

            (c) Take deer while deer are swimming or while the hunter is in a boat with motor attached in operating position; however, the restrictions in this Paragraph shall not apply to any person who has lost one or more limbs.

            (d) Take or possess spotted fawn or parts thereof, except in accordance with the provisions of R.S. 56:105(A) and 171(A).

            (2) Violation of any of the provisions of this Subsection, except Paragraph (1)(d), constitutes a class two violation. Violation of the provisions of Paragraph (1)(d) constitutes a class 5-A violation.

            B. A licensee having a disability which totally and permanently prevents his using a long bow or other conventional archery equipment, as first certified by a medical doctor duly licensed to practice medicine in this state, and having an approved permit from the department, shall be permitted to take legal deer with a crossbow or a bow that is drawn, held, and released by mechanical means, and the taking of deer with a crossbow or a bow that is drawn, held, and released by mechanical means shall be permitted in the season in which deer may be taken by rifle, or a handgun, or a shotgun not larger than a No. 10 gauge, as well as in the special deer hunting season provided in R.S. 56:116. Magnified scopes may be used with crossbows.

            C.(1) No person shall possess any of the following:

            (a) Illegally taken deer or bear.

            (b) Freshly killed deer or bear in the closed season.

            (2) Violation of any of the provisions of this Subsection constitutes a class four violation.

            D. No person shall hunt or take illegal deer or bear in the open season. Violation of this Subsection constitutes a class 5-A violation.

            E. No person shall hunt or take deer or bear in the closed season. Violation of this Subsection constitutes a class six violation.

            F. No person shall hunt or take deer from one-half hour after official sunset to one-half hour before official sunrise. Violation of this Subsection constitutes a class six violation and, in addition, the violator may lose all hunting privileges for a period of not more than five years.

            G. A licensed hunter or tracker may pursue a deer that was legally shot and mortally wounded and dispatch the deer if the deer is found alive. Except in wildlife management areas, the licensed hunter or tracker pursuing the mortally wounded deer may utilize lights and a blood-trailing or tracking dog. No more than one dog may be used per tracking party in pursuit of the wounded deer; however, a second dog may be utilized for the purpose of deer retrieval training. Tracking dogs shall be on a handheld leash or utilize a GPS tracking collar. Any mortally wounded deer discovered alive after legal hunting hours may be dispatched by the licensed hunter or tracker by using a centerfire handgun with a barrel no longer than six inches and caliber no larger than .45 or smaller than .25. The licensed hunter or tracker may pursue a mortally wounded deer onto private property only if the licensed hunter or tracker has received verbal or written permission from the landowner.

            H. Deer may be taken with pre-charged pneumatic devices only in accordance with the following:

            (1) Pre-charged pneumatic devices must fire a projectile of at least thirty caliber in diameter and at least one hundred fifty grains in weight with a minimum muzzle velocity of eight hundred feet per second or any combination of bullet weight and muzzle velocity that produces muzzle energy of at least two hundred fifteen foot pounds of energy.

            (2) Arrows or bolts used with a pre-charged pneumatic device shall conform to the same standards and requirements as provided for in this Section and may be used to hunt deer only during modern firearm deer season.

            I.(1) No person shall hunt or take bear without a bear hunting license and a bear harvest permit. The commission shall promulgate and adopt rules and regulations to establish a lottery for the selection and issuance of bear harvest permits. There shall be a fifty-dollar nonrefundable entry fee for bear harvest permit lottery applications. Bear harvest permits and tags may be issued to successful and eligible lottery applicants at no cost.

            (2) In addition to the lottery provided for in Paragraph (1) of this Subsection, the secretary may provide for the issuance of a single bear harvest permit to be subject to auction by the department, or by an incorporated nonprofit organization dedicated to the conservation of fish and wildlife resources, as determined by the department, which may be sold to the highest eligible bidder.

            (3) All revenues derived from lottery applications and auction proceeds shall be deposited into the black bear account created within the Conservation Fund through the provisions of R.S. 56:10(B)(9) and be used exclusively for managing, conserving, restoring, and enhancing black bear in Louisiana.

            Acts 1992, No. 966, §1; Acts 1993, No. 239, §1; Acts 1999, No. 255, §1; Acts 2001, No. 1210, §1; Acts 2006, No. 775, §1; Acts 2022, No. 215, §1; Acts 2024, No. 272, §1; Acts 2024, No. 443, §2.