Best practices for nuisance wildlife control operators in New York State

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Ch 3: Section two: State laws related to wildlife control

With a NWCO license, you can do more

You can handle any of the species listed in ECL sections 11-0521 and 11-0523 with your NWCO license (see the following charts).

For a NWCO, the critical parts of the ECL are sections 11-0524 (nuisance wildlife control operators), 11-0103 (definitions), 11-0521 (what you’re allowed to take with the NWCO license), 11-0523 (what you’re allowed to take without the license—this section applies to the public, too), 11-0507 (liberation of wildlife), 11-0511 and 11-0917 (transportation of wildlife), 11-0513 (protection of banded homing pigeons), 11-0525 (control of rabies in wildlife). These sections are included at the end of this chapter.

To do your work, you also need the landowners' written permission and must be on their property. If control activities would be more effective on neighboring land, you'd need to secure written permission from that landowner. And if you want to release an animal onto someone else's land, you must have their permission.

One other "protected" species

 As a NWCO, you are also required to act in a reasonable way that will protect the public from attack by the animals you’re handling (under Article 26, section 370 of the NYS Agriculture and Markets Law). And you must not allow any physical contact between venomous snakes and the public. Here’s the actual text of that law, excerpted from the Agriculture and Market regulations, Article 26 (Cruelty to Animals):

"370. Protection of the public from attack by wild animals and reptiles".
 Any person owning, possessing or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being, who shall fail to exercise due care in safeguarding the public from attack by such wild animal or reptile, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both. "Wild animal" within the meaning of this section, shall not include a dog or cat or other domestic animal. Previous attacks upon a human being by such wild animal or reptile, or knowledge of the vicious propensities of such wild animal or reptile, on the part of the possessor or harborer thereof, shall not be required to be proven by the people upon a prosecution hereunder; and neither the fact that such wild animal or reptile has not previously attacked a human being, nor lack of knowledge of the vicious propensities of such wild animal or reptile on the part of the owner, possessor or harborer thereof shall constitute a defense to a prosecution hereunder."

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