Monday, January 30, 2012

What is the legal way to deal with nuisance wildlife?

I've seen a number of questions where people have squirrels or bats in their attics, or deer eating their flowers, or geese polluting their lakes, or coyotes threatening their pets. The answers on this subject run the gamut. Some people say to just shoot it, to trap it and relocate it, to poison it, etc. And some people say you need permits to kill or trap/relocate wild animals that are damaging your property or threatening your safety. What's the legal way to deal with nuisance wildlife?

What is the legal way to deal with nuisance wildlife?
It is my understanding that lethal methods of wildlife control, as well as live-trapping/relocating require special permits, either from the US Fish and Wildlife Service, or the state DNR.



I have found the laws of some states, and they seem to validate this.



"Under Current Oklahoma State Law, wildlife rehabilitators cannot trap and relocate nusence wildlife unless they carry a trapping permit, which most of us do not. We recommend Ted Corbin with Animal Relocators of Tulsa at 918)446-0541 for humane trapping and relocation." http://www.homestead.com/wildheartranch/...



"Any person desiring to control Protected Species which are causing damage to

property or a risk to human health or safety on the land of another, at no charge, must

first obtain a valid Class B Nuisance Wildlife Control Permit from the Department.

Not-for-profit (501(c)(3)) zoos and botanical gardens desiring to control protected

species that are causing damage to property or are a risk to human health or safety on

lands owned by that entity must first obtain a valid Class B Nuisance Wildlife

Control Permit from the Department. Control of white-tailed deer and migratory,

threatened, or endangered species is prohibited except as provided for in Section

525.30(h). Unlawful taking of white-tailed deer is a Class B misdemeanor (see 520

ILCS 5/2.24), as is unlawful taking of an endangered species (see 520 ILCS 5/2.18).

Unlawful taking of migratory birds is a Class B misdemeanor (see 520 ILCS 10/9)."

http://dnr.state.il.us/legal/adopted/525...



"The Nuisance Wildlife Information Line (NWIL) enables

homeowners to receive guidance on nuisance, injured, or sick

wildlife. This service is provided jointly by the Maryland

Department of Natural Resources (DNR), Wildlife and

Heritage Services, and the United States Department of

Agriculture, Animal and Plant Health Inspection Service,

Wildlife Services Program (USDA-APHIS). The NWIL offers

safe and legal ways to deal with problem animals. Call toll free at 1-877-463-6497 M-F from 8 a.m. to noon and 1 to 5

p.m. Permits to control nuisance wildlife can be issued over

the phone on a case by case basis." http://www.hgic.umd.edu/_media/documents...



However, since I was unable to verify laws for all states, it is best if you contact your state DNR to clarify the laws of your state as they pertain to your situation.
Reply:Depends on the animal and the state you live in. Go to a search engine, for example: nuissance alligator florida, would have taken you to the Florida Wildlife Commission and the telephone number for a licensed trapper.
Reply:It really depends on the animal and situation. More or less though there are humane methods to deal with any "problem" wildlife. That is not to say that at times the only choice is death but mainly there are a million and one other ways.



If you ever have questions about what you can do not only within the means of the law but safe things, the best resource is your local fish and wildlife enforcement. Also there are many pest control companies out there that are more than willing to help with questions.



Nonetheless as to your last question about being legal, you are always allowed to remove wildlife from your home. However there are laws that prevent the killing of some species. If the animal is not in your house but on your property anything natural is within the means of the law. For example if you have geese in your pond it is within the means of the law to put up a fence, stick decoys in the water or around the edge, etc, etc etc.



For the most part anything that does not harm the animal.
Reply:It depends on the species of wildlife and the state and local laws. For most species in most areas you can kill it IF you can show proof that that individual animal is or was destroying your property and causing you financial loss. This is not the case for a few species considered protected. In those cases local or federal authorities are required to pay you for the damage to your property. Who has to pay depends on who enacts the law prohibiting the animals destruction.



As for relocating the animal that too could fall under harassment if the animal is of the protected kind and if not you could still get big fines if caught transporting or confining wildlife without the proper permit.



In short check with your local conservation or wildlife department for rules concerning the animal in question. What I want to make clear is that no one can ask a single person to bear the brunt of wildlife damage. If the public wants one animal protected when it is damaging someones property then the public has to provide compensation. Otherwise what we get is landowners resenting wildlife and simply destroying their habitat to reduce their numbers. This is REALLY BAD since the vast majority of wildlife habitat resides on PRIVATE lands.


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