1. NUISANCE WILDLIFE TRAPPING
An overview of relevant laws & regulations
In NYS

2. We deal with nuisance wildlife trapping of two types:
Homeowners/residents trapping or eradicating “nuisance wildlife”
“Destructive & Menacing”
Taking without a permit (usually)
Permitted removal of Destructive Wildlife
Licensed Nuisance Wildlife Control Operators (NWCOs) for hire
Requires a permit
Subject to conditions of their permit
Must submit an annual report to the Department

3. Sec 11-0523. Destructive & Menacing Wildlife; taking without a permit
What can a person take “in any manner, notwithstanding any provision of the F&W Law or the Penal Law or any other law”?
Unprotected wildlife other than birds
Starlings, common crows, pigeons
When such wildlife is injuring their property or has become a nuisance thereon

4. Other wildlife which may be taken without a permit, by owner/occupant/cultivator:
Varying hares, cottontail rabbits, European hares
Skunks
Raccoons
Muskrats
Coyotes
Fox
Black, grey, fox squirrels
Opossums
Weasels
When they have become a nuisance or are injuring property
“Any time in any manner”
NOT NOTHWITHSTANDING

5. 11-0507.3 Liberation of wildlife without a permit
No person shall willfully liberate within the state any wildlife except under permit from the department. The department may issue such permit in its discretion, fix the terms thereof and revoke it at pleasure. These provisions do not apply to migratory game birds, importation of which is governed by regulation of the department.
Cannot keep the pelts of furbearers, rabbits, & squirrels taken under unpermitted nuisance wildlife laws.
Varying hares, cottontail rabbits, skunks, black, grey and fox squirrels, raccoons, muskrats, opossums or weasels taken pursuant to this section in the closed season or in a manner not permitted by section shall be immediately buried or cremated. No person shall possess or traffic in such skunks or raccoons or the pelts thereof or in such varying hares or cottontail rabbits or the flesh thereof.

6. ECL 11-0524 Nuisance Wildlife Control Operators (NWCOs)
Provides for a $50 license that allows the holder to charge to trap your nuisance wildlife
Must pass a written exam first
Must comply with most trapping regs: traps must be tagged, must be checked every 24 or 48hrs etc.
Allows holder to take nuisance wildlife out of season

7. NWCOs
>>> Dispatch Central 06/22/14 10:26 AM >>>
Caller: Last name Candella
Number:
Location: th St Brooklyn
I'm ing you per 240 request. Caller advises he is unable to go in his backyard because he gets attacked by Mockingbirds. Caller advised he had the NYPD come yesterday and the birds attacked them too. So we have a gang of Mockingbirds who have assaulted uniformed officers with no regard for the law. Approach with caution, they were last seen garnishing gray and white feathers, razor sharp claws, and the ability to imitate the sounds of other animals.
Thank you,
Stevenson

8. NWCOs
Required to comply with the conditions set forth in their license
(a), Fail to comply with permit condition #___
(1), Charging a fee to take, transport nuisance wildlife w/o a license

9. nwco GENERAL LICENSE CONDITIONS
1. NWCO - Authorizations The licensee is authorized to act as an agent for a property owner, manager, o rlessee to take, temporarily possess, transport, release to the wild or euthanize wildlife at any time only pursuant to all the Conditions on this license and only when such wildlife damages or destroys property or poses a threat to public health.
2. NWCO - Collection, Possession and Transportation of Threatened or Endangered Species Prohibited The licensee shall not take, possess or transport any species listed by the Federal government or the State of New York as an endangered or threatened species.
3. NWCO - Collection, Possession and Transportation of Domestic Animals Prohibited The licensee shall not take, possess or transport any domestic animals pursuant to this license.
4. NWCO - Public Exhibition of Animals Prohibited The licensee shall not publicly display or exhibit any live animal captured or caught pursuant to this license.
5. NWCO - Species Requiring Additional Regional Permit Prior to Collection, Possession or Transportation The licensee shall not take, possess or transport any white-tailed deer, black bear, beaver, otter, mink, muskrat, fisher, marten, bobcat, wild turkey, water snake or snapping turtle except under an additional valid permit issued by the Regional Wildlife Manager in the Region where such animal is found to be a nuisance.

10. nwco GENERAL LICENSE CONDITIONS
6. NWCO - Protected Wildlife Requiring Additional Regional Permit Prior to Collection, Euthanization, Possession or Transportation The licensee shall not take, euthanize, possess or transport any protected wildlife that is not damaging or destroying property except under an additional valid permit issued by the Regional Wildlife Manager in the Region where such animal is found to be a nuisance.
7. NWCO - USFWS License Requirement The licensee shall not take, possess or transport any migratory birds pursuant to this license except under valid Federal and State permits for those species except that common crows destroying crops may be taken at any time and red-winged blackbirds (Agelaius phoeniceus), common grackles (Quiscalus quiscula) and brown-headed cowbirds (Molothrus ater) destroying crops may be taken from June 1 until October 31 without additional permits or licenses.
8. NWCO - Take of Starlings and English Sparrows European starlings (Sturnus vulgaris) and English sparrows (Passer domesticus) and pigeons (Columba livia) not wearing a ring or seamless leg band may be taken at any time.
9. NWCO - Mandatory Annual Contact with Department of Health Each year, prior to responding to or handling any bats, raccoons or skunks, the licensee shall contact the Local County Health Department Office, in each County where the licensee will respond to nuisance calls involving these species, to obtain directives concerning possible contacts with and final disposition of bats, raccoons and skunks taken pursuant to this license.
10. NWCO - Contract/Written Permission Requirement The licensee shall obtain a contract or written permission, signed by the property owner, manager or lessee of the property, stating that the licensee has beenengaged to act as his or her agent to take nuisance wildlife on his or her property.

11. nwco GENERAL LICENSE CONDITIONS
11. NWCO - Marking of Traps The licensee shall mark all traps set pursuant to this license with the name and address of the licensee or the name of his or her nuisance wildlife business.
12. NWCO - Mandatory Checking of Traps The licensee shall check all traps set pursuant to this license at least once each calendar day; EXCEPT that another licensed Nuisance Wildlife Control Operator, or the property owner, manager or lessee where such traps are set may, at the request of the licensee, check the traps at least once each calendar day.
13. NWCO - Mandatory Removal of Animal from Trap The licensee or another licensed Nuisance Wildlife Control Operator shall remove any captured animal from the trap on the same calendar day when the animal is discovered in the trap or within 12 (twelve) hours of when the animal is discovered.
14. NWCO – Body Gripping Trap and Foothold Trap Requirements The licensee shall possess a furtrapping certificate or a valid New York State Trapping license when using body gripping traps greater than inches or when using any foothold trap pursuant to this license. All such traps must meet the provisions of Environmental Conservation Law Section (6).
15. NWCO - Certificate or Hunting License Requirement, Firearm Requirements The licensee shall possess a valid hunter training certificate, National Rifle Association firearm training certificate or a valid New York State hunting license and follow all local, state and federal mandates when using a firearm pursuant to this license.

12. nwco GENERAL LICENSE CONDITIONS
16. NWCO - Take of Wildlife by Lawful Means and in a Lawful Manor The licensee shall take wildlife only by lawful means and only in a lawful manner.
17. NWCO - Safeguarding Public from Attack by Animals The licensee shall exercise due care to safeguard the public from attack or bodily injury from any wildlife captured, possessed, transported or released pursuant to this license. Failure to do so is a misdemeanor pursuant to Section 370 of the New York State Agriculture and Markets Law.
18. NWCO - Requirements for Wildlife Taken Pursuant to License Wildlife taken pursuant to this license shall either be:
1. released to the wild according to these license Conditions; or
2. humanely killed and buried or incinerated; or
3. if the species is unprotected, it may be humanely killed and used for bait or for food provided that it is not sold; or
4. if the wildlife is injured or if it is a dependent young animal separated from the adult female, such animals may be transferred to a licensed Wildlife Rehabilitator in New York State. (bats, raccoons and skunks shall only be transferred to Wildlife Rehabilitators licensed to handle Rabies Vector Species); or
5. disposed of as stated on a separate valid permit issued by the Regional Wildlife Manager; or
6. for bats, raccoons and skunks, handled and disposed of as directed by the Local County Health Department in the County where the animal was taken.

13. nwco GENERAL LICENSE CONDITIONS
19. NWCO – Written Permission Required Prior to Release of Wildlife When releasing wildlife tothe wild, the licensee shall have written permission, signed by the landowner or manager of the property, to release wildlife on any such private or public land or property. This license does not authorize the licensee to release wildlife to the wild in New York State without such written permission.
20. NWCO - Requirements and Restrictions on Release of Wildlife When releasing wildlife to the wild, the licensee shall release such wildlife, in suitable habitat, at least 5 (five) miles from the site of captured provided that the licensee shall not release such wildlife in a different County from where the animal was captured without written approval from the Regional Wildlife Manager where the animal is to be released.
21. NWCO - Requirements for Diseased or Sick Wildlife For wildlife that appears to be diseased or sick, the licensee shall humanely kill the animal and bury or incinerate the carcass or dispose of the carcass as directed by the Regional Wildlife Manager in the Region where the animal was taken. Bats, raccoons, or skunk must be disposed of as directed by the Local County Health Department.
22. NWCO – Import and Export of Wildlife Prohibited The licensee shall not import wildlife into New York or export wildlife out of New York pursuant to this license.
23. NWCO - Licensee Shall Carry Copy of All Required Documentation on Person For all documentation required by the license Conditions, the licensee shall possess such documentation on his or her person when conducting activities pursuant to this license and shall make such documentation available on request. Such documentation may be a photocopy of the actual documents.

14. nwco GENERAL LICENSE CONDITIONS
24. NWCO - Weekly Maintenance of Nuisance Wildlife Log The licensee shall keep and maintain an accurate Nuisance Wildlife Control Log provided by the Department, on a weekly basis.
25. NWCO - Reporting Requirement The licensee shall submit an accurate and complete Nuisance Wildlife Control Log for the previous year prior to the expiration date listed on the license. The licensee shall send this report to the NYSDEC Special Licenses Unit 625 Broadway, Albany, NY
26. NWCO - Charging Fee for Service The licensee may charge a fee or accept any gratuity for providing services pursuant to this license.

15. nwco GENERAL LICENSE CONDITIONS
4. GC – Reasons for Revocation This license may be revoked for any of the following reasons:
i. licensee provided materially false or inaccurate statements in his or her application, supporting documentation or on required reports;
ii. failure by the licensee to comply with any terms or conditions of this license;
iii. licensee exceeds the scope of the purpose or activities described in his or her application for this license;
iv. licensee fails to comply with any provisions of the NYS Environmental Conservation Law, any other State or Federal laws or regulations of the department directly related to the licensed activity;
v. licensee submits a check, money order or voucher for this license or application for this license that is subsequently returned to the department for insufficient funds or nonpayment after the license has beenissued.
5. GC – Licensee Shall Carry Copy of License The licensee shall carry a copy of this license or a
document provided by the department, if relevant, when conducting activities pursuant to this license.
6. GC – Licensee Shall Notify of Change of Address The licensee shall notify the Special Licenses Unit in writing, by mail or , within five (5) days of the official change of residence.
7. GC – Licensee is Liable for Designated Agents If designated agents are authorized pursuant to this license, the licensee shall be liable and responsible for any activities conducted by designated agents pursuant to this license or any actions by designated agents resulting from activities authorized by this license.
8. GC – Licensee Renewal The licensee shall submit a written request for the renewal of this license prior to the expiration date listed on the license. The licensee shall include accurate and complete copies of any required reports with their renewal request.

16. Potential for media and political attention

17. Special Licenses # 518-402-8985 Any Questions?