Current through Register Vol. 38, No. 8, May 29, 2020
Section 220-2-.27 – Permit To Take Protected Wildlife Causing Crop Damage, Property Damage, Or Concern For Human Safety
Protected wildlife causing crop damage, property damage, or a reasonable concern for human safety, may be taken at times and by means otherwise unlawful by first procuring a permit from the Department of Conservation and Natural Resources. Permits for the removal of protected wildlife will be issued by the Commissioner of the Department of Conservation and Natural Resources or his designee if after investigation it has been determined that such protected wildlife should be removed for human safety, or to protect agricultural crops or other property from excessive damage. Feral swine and coyotes are species for which the necessity of demonstrating specific damage is not required. Such permits will only be issued to the person owning the land or his/her official agent or to any person who has a lease on such lands, provided the lessee has the permission of the landowner to remove protected wildlife. Except for feral swine, permits shall not be issued to take, capture or kill protected wildlife causing damage to crops planted for wildlife management. All wildlife taken shall be disposed of as directed by the issuing agent, and except for feral swine it may not be utilized personally. All feral swine taken under permit must be killed on site in accordance with 220-2-.86.
The means, methods and times for which a permit is valid may be stipulated.
Any person, firm or corporation engaging in the business of wildlife damage control shall obtain a permit from the Department prior to taking, capturing or killing wildlife and shall conduct wildlife damage control only under terms and conditions as specified by the Commissioner or his designee.
A property owner or tenant shall be allowed to take one squirrel, rabbit, raccoon, opossum, beaver or skunk per incident that is causing damage to said individual’s property without a permit. A property owner or his agent may take blackbirds without permit when found causing damage or posing a nuisance or health threat.
Persons taking, capturing or killing wildlife under the provisions of this regulation shall abide by all state and local laws and ordinances. Live caught animals may not be relocated across a county line or a major river drainage.
Ala. Admin. Code r. 220-2-.27
Filed September 30, 1982. Amended: Filed December 17, 1997; effective January 21, 1998. Amended: Filed September 16, 2002; effective October 21, 2002. Amended: Filed May 13, 2009; effective June 17, 2009. Amended: Filed May 27, 2010; effective July 1, 2010.
Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 09, June 30, 2015, eff. July 17, 2015.
Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 09, June 30, 2016, eff. July 29, 2016.
Author: N. Gunter Guy, Jr.
Statutory Authority:Code of Ala. 1975, §§ 9-2 -7, 9-2-8, 9-2-12.