A comment was made on another thread regarding a method of take/capture. This got me to thinking about our industry and I was curious about what laws are out there.

As I'm in Ohio, I'm going to post the Ohio rules on take/capture. Taking/capture of a nuisance wild animal by a CNWACO (certified nuisance wild animal control operator) can only be legally done with the following tools/equipment:

Air rifle - any caliber for most species, some species (i.e. deer) it is not currently permissible so a .357 air rifle would require a letter of permission from Division of Wildlife
Rifle - caliber/ammo is dependent on animal and/or letter of permission from Division of Wildlife
Pistol - caliber/ammo is dependent on animal and/or letter of permission from Division of Wildlife
Shotgun - 10 gauge or smaller
Long bow/Compound bow - poundage is dependent on animal and/or letter of permission from Division of Wildlife
Crossbow - poundage is dependent on animal and/or letter of permission from Division of Wildlife
Foothold trap - on land inside jaw spread of 6" maximum
Bodygripping trap - on land inside jaw spread of 6" maximum, exception being groundhogs at 7" maximum w/ restrictions
Lethal snare - on land 5" diameter or less, in water 8" diameter or less. Must be single or multi-strand cable, have relaxing lock and either deer stop to prevent closing less than 2 1/2" or breakaway system not greater than 350 lbs.
Non-lethal snare - on land or in water 15" diameter maximum. Must be single or multi-strand cable, have relaxing lock and either deer stop to prevent closing less than 2 1/2" or breakaway system not greater than 350 lbs.
Encapsulated foot trap
Cage/box trap
Toxicants/Chemical control - provided the individual is licensed under chapter 921 of the Ohio Revised Code
Glue boards

This means it is illegal to use hand-grabbing, stunning with any device, nets, roping, tongs (snake/cat), bags/containers or catch poles to capture a nuisance animal.

So I'm curious to see for those with wildlife control specific licenses like Ohio, how may States have given authorization to use any of these common methods (I believe Indiana can based on how their law is written but I'm not 100% sure). For those operating under hunting/trapping rules, are you allowed to use hand-grabbing, stunning with any device, nets, etc.? If responding, please post whether or not your state has a nuisance/wildlife control license or if your state uses the hunting/trapping laws for nuisance/wildlife control work.

I'll chime in...I live in Mass. , so our list of usable tools is not very long ! LOL We are allowed to use weapons, with all due respect to the firearm and hunting laws, which are your basic..no discharging a fire arm within a certain amount of feet from an inhabited dwelling(500) or roadway(150)..ect.. Only the taking of wildlife in Box or cage trap except the use of a body gripping trap (Coni) for beaver and Muskrat...With a 10 day EMERGENCY permit ONLY ! In order to get a trapping license in Mass. you must take a trapping course...problem here is a waiting list for an available course...in which you actualy get trained in trap use..traps you can and cannot use...So..on a bottom note , we cant use any trap that grips or holds a animal by any part of the body ( I thought that was trapping...Anyway)...We can only use traps that capture 1 animal at a time...yup ...no colony traps either...WTH is that!!

No Turtlemaning them in Ohio.

We're all lucky that Turtleman's shenanigans haven't created calls for more restrictive regulations. It's bad enough his show undermines the professionalism, skill set, and basic contract of receiving reasonable pay for services provided.

This is an interesting thread in that I suspect many states NWCO regs are a gray area where legal conclusions can certainly be made by putting multiple regulations in context with otherwise non-expressly regulated circumstances like those a NWCO may often experience. However, I also suspect such regulations would rarely if ever be administered or enforced in these scenarios unless it demonstrated some serious negligence on the part of the operator. Of course you can't count on that though, especially if you've received that information formally from a state official.

Looking at the expressive language of KY's NWCO reg I suppose one is limited to trapping or shooting, though I can confidently say no one would be cited for situations like using a net or hand grabbing. But, to answer the initial question we do essentially use the hunting/trapping regs even though there is a specific NWCO reg. Probably worth mentioning is that there is an additional regulation regarding chemical immobilization of wildlife generally being illegal that does exempt permitted NWCO's so that is an extra tool that's available.

Tacoman,

You hit on a point I believe in that there are lots of situations we encounter that may require equipment not specifically listed as "authorized" and as long as it is being used in a reasonable manner most states will not want to tackle trying to regulate and restrict it. In my experience, as long as the operator is not causing a problem, the problems are being dealt with and the clients are happy there isn't really a reason to micromanage the regulations.

With that being said, we also know that WCO's and PCO's are just a bump on the radar screen when compared to the number of contractor's, construction workers, maintenance staff, etc. that are expected to deal with wildlife conflicts whether or not they are qualified to do so not to mention the public at large.

In reality, the industry is regulated by multiple agencies. For example, most people immediately think of the State DNR. There is also Fish and Wildlife....possibly Dept agriculture for pesticides. You might think about police for driving. DOT for any hazmat chemicals )if any)...or for hauling large trailers. OSHA...if you have employees.

The thing to remember...there are a bunch of laws that intermingle and can apply. Just because you think that you are flying under the radar...doesn't make it right.

I will post the MI legal catch law...when I get a chance.

Dave,

I agree that just like any service business, there are multiple agencies involved with running it. In this case, I'm trying to stay with specific state laws that authorize nuisance wildlife to be taken and the manner they may be taken.

Michigan:

4) To effect control measures, permittees may use foothold tr
aps, body gripping or conibear type traps, live traps,
firearms if possessed and used in compli
ance with all applicable state, local, and federal firearm laws and colony or
multiple-catch traps for species other than
muskrat. Colony traps may be used fo
r muskrat if used in compliance with
subsection 3.600(5) [see pages 7-8]. To effect control measures,
permittees may also use snares if one or more of the
following conditions are met:
(a) Year around for permitted species within
the curtilage of the complainant.
(b) Year around for permitted species upon th
e premises of the complainant if completely submerged in underwater
sets.
(c) Year around outside the curtilage upon the premises of the co
mplainant in the Lower Peninsula for the control of fox
and coyote if the snare meets the requirements of subsec
tion 3.609(2), subdivisions (b) through (j) [see page 8].

5.53 Use of pesticides.
Sec. 5.53. Nuisance animal control operators may be issued
a permit to use pesticides and may use pesticides to
control the depredations of wild animal
s only in accordance with the following:
(1) As provided by Part 83, pesticide control, Act No. 451 of
the Public Acts of 1994, as
amended, permits authorizing
the use of pesticides shall not be issued
unless the applicant provides proof that eith
er the applicant is currently licensed a
s
a commercial pesticide applicator business in category 7a (general
pest control) or category 7d (vertebrate pest control) or
is in possession of a valid commercial pesticide applicator certif
ication in category 7a (general pest control) or category
7d (vertebrate pest control) as provided by the natural r
esources and environmental protection act, Act No. 451 of the
Public Acts of 1994, as amended, Part
83 pesticide control, being sections 324.8301 to 324.8336 of the Michigan
Compiled Laws.
(2) Only pesticides registered with th
e United States environmental protection agency and the Michigan department of
agriculture may be used, and then only in a manner a
nd for the purposes for which registered and labeled.
(3) Pesticides may be used inside of buildings to contro
l the depredations of those species designated in subsection
5.52(3).
(4) Pesticides other than restricted u
se pesticides may be used outside of buildings and other structures to control the
depredations of those species designated in subsection 5.52(3).
7
IC2004-3 (Rev. 10/12/2011)
(5) Placement of restricted use pesticides outside of buildi
ngs to control the depredations of those species designated in
subsection 5.52(3) shall not be made except
under a control permit issued for each project.

I've actually had people ask me if I catch all my animals like that guy on TV. Luckily most don't take the guy seriously.

In many cases, positive sets could be illegal. Harassing nest, den, or young. Might as well throw away the Comstocks, stay home and make whiskey. Always go big.

Doesn't look like Michigan "technically" allows grabbing a critter. Throw nets, fish landing nets, and snare poles aren't listed either.

Dang laws, I know you are in the same boat as Ohio. It would probably never be prosecuted, but technically we are only allowed to use the methods listed.

Well...if a method...such as catch pole is omitted...it may be legal....provided it is not regulated by a completely different standard (such as pesticide standard...or migratory bird).

I do not know about MI laws but in Ohio it is illegal to catch or kill any wild animal according to Ohio Revised Code.

The ORC authorizes the establishment of taking wild animals by authority of Administrative Code, or the Chief of the Division of Wildlife may make rules pertaining to the take of wild animals.

Furthermore, if Administrative code were to be abolished and the Chief of the Division of Wildlife were to simply state that no wild animals may be taken, all hunting, trapping, fishing, and nuisance wildlife work would automatically be outlawed.

Don't know if Michigan is the same, or any other state, but I would suspect there are several that are similar.

Sincerely,

I understand. Does the law explicitly state every method that can be used? Did they write the law to tell you exactly how to do it?

For example, in MI, the legal drinking age is 21. But, they don't say which type of glass is used. We can use anything from a pint to a Dixie cup.

You also have to watch words like "may" and "must".

Technically yes. Deer can be taken with certain firearm types, in certain gauges or calibers, holding a certain number of shells. Our footholds are designated to be a restricted size, number of swivels, jaw face, and anchoring. Body grips, snares and cage traps all have their little nuances.

Unlike what I would call normal law "if it isn't illegal then it is legal", wildlife laws in Ohio are written from the permissive point. That means if it is not expressly allowed by Administrative Code, Division Rule, or a Special Letter Permit from the Chief of the DOW then it is not legal to do, as all three of those are exceptions to the Ohio Revised Code. Ohio Revised Code declares it illegal to take any wildlife in the state, other than excepted by Administrative Code, Division Rule, or as permitted by the Chief of the Division of Wildlife.

So if one of those exceptions does not state that it is allowed, then "technically" it is not.

Feel like you're chasing your tail yet? A bit confusing I know, so hopefully I made it at least as clear as mud!

After a quick glance...It's not reading as being that restrictive. They describe what is unlawful....then use wording using other methods.
http://codes.ohio.gov/oac/1501%3A31-15-03

Yeah I know!!!! That's what I thought prior to working with the DOW to establish the new NWCO license. After meeting with higher level officials in the ODNR, DOW, and testifying to the state Senate Commitees, over a period of eight years, we all found out its a bit different than we thought. Its when you get back to the Ohio Constitutional level and into the Ohio Revised Code that you find the little "secret" stuff about no wildlife can be taken unless excepted by OAC, Division Rule, or permission of the Chief. IN fact, if you dig deep enough I think I remember a section of the Code that bans killing white tailed deer, specifically.

The laws are very cleverly written, since they are from the permissive aspect rather than banning activity like most normal law code.

An example of normal law would be "you are not allowed to litter". From the permissive law aspect, ORC would state "no trash may be disposed of in the state of Ohio unless excepted under the OAC, Department Rule, or permission of the Director of the EPA". Then OAC would write law stating that all trash must be deposited in a trash can that is at least 33 gallons in size. All trash must be contained in a bag when placed in a trash can, etc. Then Department Rule might state "trash placed in a self contained device is exempt from being placed in a 33 gallon trash container or bag". Then the Director of the EPA might make a permit allowing "Licensed Waste Haulers are exempt from placing trash in any container when directly transporting such waste for final disposal".

This too would effectively ban littering, but is usually much more cumbersome.

When you get right to it, it actually makes sense. If all wildlife law were written in the ORC, it would have virtually no flexibility. Changing ORC takes an act of the Ohio Congress, so each time you would want to change bag limits, season dates, harvest methods and on and on, it would take a legislative session, complete with a bill, sponsors, debate, and passage. It would politicize the wildlife laws. As it is now, there is flexibility to the persons who have the biological information to make those changes and the changes can be implemented in a timely manner.

Fun stuff right?

I think the law tells you what you can't do not what you can do. I think the catch pole would be legal unless it tells you you can't.

Paul,

In Ohio, the existing structure is that the laws tell you what you can do. Anything not specifically mentioned means you can't legally do it.

I feel sorry for you guys. A law has to be passed before you can do something that sound un American