Laws, Regulations, and Permits Flashcards

A NWCO is hired to remove a flock of Canada geese from a corporate campus where they have become aggressive towards employees. The geese have several active nests with eggs. Under the Migratory Bird Treaty Act (MBTA), what is the correct first step the NWCO or landowner must take?

Answer: Apply for a federal depredation permit from the U.S. Fish and Wildlife Service.

The Migratory Bird Treaty Act (MBTA) protects nearly all native bird species, including their nests and eggs. To legally take, capture, or kill a migratory bird, or to disturb an active nest, a federal depredation permit is required. The U.S. Fish and Wildlife Service issues these permits for situations where birds are causing property damage or are a threat to public health. While hazing is a non-lethal option, disturbing birds on an active nest to the point of abandonment can be considered a violation, and a permit is the required first step for nest and egg removal.

A client reports a raccoon in their attic that has caused significant damage to insulation and wiring. According to most state regulations, which of the following actions is a licensed NWCO generally permitted to take with this nuisance animal?

Answer: Trap and euthanize the animal or relocate it according to state and local guidelines.

State laws typically authorize licensed NWCOs to take, transport, and either release or euthanize specific nuisance wildlife causing property damage. However, there are strict rules. Selling nuisance wildlife is generally prohibited, except for certain species like coyotes or beavers in some states, and often only during a legal trapping season. Relocation is also highly regulated, often restricted to the same county or an adjacent one, and requires landowner permission for the release site. On-site release is sometimes an option, but trapping followed by humane euthanasia or relocation per specific guidelines is the most broadly correct and legal course of action.

Which of the following situations would most likely require a NWCO to obtain a special permit *in addition* to their standard Nuisance Wildlife Control license?

Answer: Setting traps for a beaver that is flooding a farmer's field.

While standard NWCO licenses cover a wide range of common nuisance species, certain animals, particularly furbearers with economic value or species with significant management plans, often require an additional, specific permit. In many states, species like beaver, otter, black bear, or deer require a special depredation permit, often issued by a regional wildlife office, even for licensed NWCOs. Squirrels, skunks, and opossums are typically covered under the general NWCO license.

A NWCO is called to a property to deal with a bat colony in the attic. The operator identifies them as a native species. What is a critical regulatory consideration before the NWCO can perform an exclusion?

Answer: Seasonal restrictions related to bat maternity colonies.

Many states have specific regulations to protect bats, especially during their maternity season when flightless pups are present. Performing an exclusion during this time can trap the young inside, leading to their death and potential odor and sanitation problems. Therefore, there are often strict seasonal restrictions, or 'blackout periods,' on when bat exclusions can legally be performed. A NWCO must be aware of these dates to remain in compliance.

Under the Endangered Species Act (ESA), what is the legal status of a plant or animal that is likely to become endangered within the foreseeable future throughout all or a significant portion of of its range?

Answer: Threatened

The Endangered Species Act defines a 'threatened species' as one that is likely to become endangered in the foreseeable future. An 'endangered species' is one that is in danger of extinction throughout all or a significant portion of its range. A NWCO must be able to identify federally and state-listed threatened and endangered species, as they require special permits and handling procedures, and are generally not covered by a standard NWCO license.

A NWCO traps a nuisance animal and discovers it appears sick or diseased. According to common regulations and best practices, what is the most appropriate action?

Answer: Humanely euthanize the animal and dispose of the carcass as directed by the state wildlife agency or health department.

Regulations generally require that animals that appear sick or diseased be humanely euthanized rather than relocated, to prevent the spread of disease. The carcass must then be disposed of according to state or local health guidelines, which may include burial, incineration, or turning it over to the state wildlife agency. Releasing a sick animal could spread pathogens to other wildlife populations, and taking it to a rehabilitator may not be appropriate for common rabies-vector species or if the disease is severe.