In general, state regulations add restrictions to federal laws. They cannot be less restrictive. Wildlife species that are not regulated by the federal government fall under state jurisdiction. Some problem species are unprotected and have no restrictions on their take. Typically, licenses are not required to hunt, fish, or trap unprotected species.<\/p>\n
Regulatory agency: <\/strong>New York State Department of Environmental Conservation (DEC).<\/p>\n Read the law: <\/strong>\u00a0http:\/\/www.dec.ny.gov\/regulations\/40195.html<\/a><\/p>\n The sections that are most relevant to NWCOs are 11-0524, 11-0521, 11-0523, 11-0511, 11-0513, 11-0525, 11-0505, 11-0507, 11-0917, 11-1105, 11-0103, and 11-1101<\/p>\n License required:<\/strong> The NWCO license is required for certain activities (such as transporting wildlife) and to handle protected species.<\/p>\n To get a NWCO license, you must pass the NWCO exam, complete the application, and pay the license fee. The New York State NWCO license authorizes you to act as an agent for a property owner or lessee. You must have a signed contract or written permission from that person stating that you have been hired to act as their agent to take nuisance wildlife on their property. You are allowed to take, temporarily possess, and transport any wildlife, except for those species detailed below, when that animal damages public or private property, or under conditions detailed in a permit issued by the DEC.<\/p>\n NWCOs may take wildlife only by lawful means, and only in a lawful manner. NWCOs must exercise due care to safeguard the public from any animal they capture, possess, or move to another location.<\/p>\n Wildlife taken outside of New York State may not be brought into the state under this license.<\/p>\n If an animal appears to be diseased, it must be humanely killed and buried or cremated, or otherwise disposed of as directed by the DEC Regional Wildlife Manager or the local county health department.<\/p>\n NWCOs must follow the directives of their DEC permits and the local county health department concerning the handling and disposal of bats, raccoons, and skunks (rabies vector species), and any other directives about rabies.<\/p>\n While working as a NWCO, you are required to carry a copy of your license (showing all of the license conditions) with you, on your person. You must present this license upon request. You must keep track of all of your NWCO jobs each day, using the log supplied by the DEC. These records, and any animals in your possession, must be available for inspection by a DEC Environmental Conservation Officer at any reasonable time.<\/p>\n The NWCO license is good for one year. It expires on the date listed on the front of the license. <\/strong>The license is issued to you, not to a company, so it cannot be transferred.<\/p>\n You must successfully complete any training programs required by the DEC.<\/strong> For example, if you use firearms, you must pass the DEC hunter safety course. If you use any foothold trap or a body-gripping trap that has a jaw spread of 5\u2033 or larger, you must pass the DEC trapper training course. Foothold and body-gripping traps must meet the requirements of ECL 11-1101 sub. 6.<\/p>\n All traps set for the taking of wildlife must be marked with the name and address of the NWCO or that person\u2019s business. Traps must be checked each calendar day by the NWCO or the property owner or lessee who hired the NWCO. Animals must be removed from traps on the same calendar day when they were discovered in the trap, or within 12 hours of capture. After you\u2019ve captured the nuisance animal, you can then: 1) release it to the wild; 2) humanely kill it, then bury or cremate it; or 3) if the animal is distressed or injured, transfer it to a licensed wildlife rehabilitator.<\/p>\n Table 1 has information on which species a NWCO can handle, and when. Check the DEC website for updates. In New York State, all wild animal species have legal classifications that are described in the Environmental Conservation Law. Their legal status determines several aspects of control efforts. Most commonly, the question is, can a NWCO “take” this species in this situation?<\/p>\n Legally, “take” applies to the pursuit, capture, or killing of wildlife. This covers shooting, trapping, netting, “and all lesser acts such as disturbing, harrying, or worrying.” It refers to any device commonly used to capture or kill that species. The taking must be by lawful means, and in a lawful manner. (See the definitions in ECL 11-0103 on page 3-28).<\/p>\n In New York State, you may not handle endangered or threatened species.<\/strong> That includes species that are endangered or threatened only within New York State, and those that are on the federal endangered and threatened species list. The only exception is endangered or threatened bats that are found in homes may be removed using non-lethal methods. These bats, if found in an occupied home, may be killed if necessary for rabies testing ordered by the health department.<\/p>\n Two lists you must keep track of <\/strong>are the federal list, and the New York State list. Contact the NYS DEC to learn of any updates to the lists. This is especially important when dealing with bats. A number of factors, such as white-nose syndrome, have caused bat populations to decline greatly. The result is that a number of bat species may be added to the state and\/or federal endangered species list. The DEC keeps current lists of NYS endangered and threatened species and fact sheets about many of these species on its website at: http:\/\/www.dec.ny.gov\/animals\/7494.html<\/a><\/p>\n Domestic animals, such as dogs and cats, are not covered by the Environmental Conservation Law because they\u2019re not wildlife species. They are regulated under NYS Agriculture and Markets regulations, Articles 26 and 7. Even if they\u2019re feral and behave like wild animals, they still are considered domestic species. Although every town is legally required to have a dog control officer, the same isn\u2019t true for cats. Some areas may have inadequate services and customers may turn to you for help with feral cats. Your NWCO license does not allow you to handle any domestic animals.<\/p>\n Special care is given to the handling of mammals most likely to be carrying rabies. Known as \u201crabies vector species,\u201d in New York State the ones to watch are bats, raccoons, and skunks. Foxes and coyotes also may be rabid in some areas.<\/p>\n Before you respond to a call about these animals, call the local health authority. That\u2019s either the county health department or the district office of the state health department. You are required by law to follow the health department\u2019s directions concerning the disposal of raccoons, skunks, and bats, no matter what the landowner requests.<\/p>\n Federally protected wildlife, such as Canada geese, woodpeckers, gulls, hawks, and owls, require a landowner to obtain both a federal permit and a permit from DEC to destroy eggs, remove a nest, capture, or harm them in any way.<\/p>\n Try a combination of nonlethal control methods first. This may solve the problem and will save you the hassle of paperwork. Because you don\u2019t need permits for most nonlethal control methods, you can probably deal with the situation right away, which may be appealing to your customer. Just remember that you can\u2019t destroy eggs or disturb their young, or disturb a nest if there are eggs or young in it, because those actions are classified as \u201ctaking.\u201d<\/p>\n One exception is Canada geese. If you only want to destroy goose nests or treat the eggs with corn oil (or puncturing) to prevent hatching, you only need to visit the USFWS’s Resident Canada Goose Nest and Egg Registration Site to register online. You do not need any special authorization or permit from the DEC. Go to: http:\/\/epermits.fws.gov\/eRCGR\/<\/a><\/p>\n You may be able to persuade the birds to leave by hazing them with dogs or frightening them with devices such as noisemakers and scarecrows. Otherwise, you could alter the conditions that make the site attractive to them, for example, by removing unnatural food sources such as garbage. Exclude them from the site by erecting fences. If that approach doesn\u2019t work, call the DEC regional wildlife office to discuss the situation and seek the proper permits.<\/p>\n Some game species, such as muskrats, beavers, white-tailed deer, turkeys, and black bears may become a nuisance on private property. What should you do if you\u2019re asked to take care of a problem with one of these species? Tell the landowner to call the regional DEC wildlife office. If appropriate, the DEC will issue a special state permit\u2014to the landowner, not to the NWCO<\/em>\u2014that will allow certain control efforts. You can be hired to do that work, but the landowner must speak directly to the DEC. (You can explain the process, but they still have to talk to the DEC).<\/p>\n NWCOs may take bears on residential land if they\u2019ve first proven to the DEC that the animal is damaging the property or threatening public health or safety. If persuaded, the DEC may issue a special permit. If the bear is killing or worrying livestock or destroying an apiary on cultivated land, the landowner (or you, as that person\u2019s agent) may take the bear at any time. The landowner is then required to contact the DEC promptly, and to deliver the carcass to the DEC officer for disposal.<\/p>\n If the landowner doesn\u2019t want to get the state permit, you may use nonlethal control techniques. If the problem occurs during a legal season for that species, you could advise the landowners to invite hunters or trappers onto their land.<\/p>\n All New York State residents can take a member of an unprotected species that\u2019s on their own property when the wildlife becomes destructive to public or private property.<\/p>\n Nuisance animals of unprotected species may be taken at any time of the year and by any means provided that other laws are not violated (such as pesticide regulations, firearm discharge ordinances, or trespassing laws). Your NWCO license gives you the additional option of transporting and releasing animals, with the permission of the owner of the release site.<\/p>\n Species that are unprotected in NY include:<\/strong>\u00a0 woodchucks, porcupines, eastern chipmunks, red squirrels, flying squirrels, moles, voles, shrews, some bats (check with the DEC first), rats (except the Allegheny woodrat), house sparrows, European starlings, and pigeons (without leg band).<\/p>\nNuisance Wildlife Control Operator
\n(NWCO) License<\/h3>\nWhich Species Can NWCOs Handle?<\/h2>\n
Endangered and Threatened Species<\/h3>\n
Domestic Animals<\/h3>\n
Rabies Vector Species<\/h3>\n
Special Jobs Require Special Permits<\/h2>\n
Federally Protected Wildlife<\/h3>\n
Game Species<\/h3>\n
Unprotected Wildlife<\/h2>\n
Table 1. Species NWCOs Can Handle and When \u00a0\u00a0\u00a0\u00a0\u00a0Check the DEC web site for updates.<\/em><\/h2>\n