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Nuisance Wildlife Control Operator (NWCO) Title 800 Information

 

TITLE 800. DEPARTMENT OF WILDLIFE CONSERVATION

CHAPTER 25. WILDLIFE RULES

SUBCHAPTER 37. NUISANCE WILDLIFE CONTROL PROGRAM

PART 1. NUISANCE WILDLIFE CONTROL OPERATORS PROGRAM

 

800:25-37-1.  Purpose 

  1. The purpose of this Subchapter is to establish guidelines for the permitting and certification of Nuisance Wildlife Control Operators (NWCO), and the procedures to be used by the NWCOs in controlling nuisance wildlife. 
  2. NWCO will be defined as all individuals who offer their services to control nuisance wildlife. 

 

800:25-37-2.  Permit requirements 

  1. The Nuisance Wildlife Control Operator's (NWCO) Permit will be issued to any person who has successfully completed the National Wildlife Control Training Program and successfully passed the certification exam to operate as a NWCO. The NWCO permit and a NWCO Complaint Report Form must be carried at all times while conducting NWCO activities. 
  2. The Nuisance Wildlife Control Operator's (NWCO) Permit authorizes an individual to capture, euthanize or relocate designated species of wildlife by safe and effective means at any time of the year and without limits which may be in force on certain species of wildlife provided the operator is acting on a documented nuisance wildlife complaint detailing the nature of the complaint, target species, method of control, effective dates of control, location, and customer information including the landowner's signature. 
  3. Any person whose hunting or trapping license privileges are revoked and is not legally able to purchase a hunting or trapping license, shall not possess or operate under the authority of a NWCO permit. 
  4. NWCO Permittee must renew the NWCO permit annually. The annual NWCO permit is valid from January 1 through December 31. NWCOs must submit proof of: 
    1) Prior year's Year End Report Summary; 
    2) Affidavit of Lawful Presence 

 

800:25-37-4. Reporting procedures 

  1. Nuisance Wildlife Complaint Report Forms must be kept by NWCO for a period of three years. Year End Summary Report forms will detail the number of each species of wildlife taken during the year. 
  2. Such records shall be available for inspection at all reasonable times by authorized representatives of the Department. 
  3. A summary of all Nuisance Wildlife Complaint Reports are to be submitted annually for each calendar year on or before January 30 of the following year and must include NWCO name or, Company name, address, and telephone number. 

 

800:25-37-5.  Procedures and guidelines 

The following regulations for a NWCO permit shall be in effect to establish what species of wildlife may be taken under such a permit, the legal methods that may be used to control nuisance wildlife under such a permit, and the legal methods of disposal of nuisance wildlife under such permit. 

  1. NWCO Permittees are only authorized to trap and relocate or euthanize the following wildlife species when such action is warranted by a valid nuisance wildlife complaint including, but not limited to: armadillo, badger, bats, beaver, bobcat, coyote, jackrabbit, cottontail rabbit, fox squirrel, gray squirrel, red fox, gray fox, porcupine, mink, muskrat, nutria, opossum, raccoon, river otter, snakes, striped skunk, and weasel. 
  2. Problems and complaints concerning deer, elk, turkey, bear, alligator, antelope, mountain lion, big horn sheep, endangered or threatened species and game birds will only be handled when specifically authorized in writing by the Director of the ODWC. 
  3. The sale, trade, barter, gifting, or retention of any wildlife, or parts thereof, except coyotes and beavers, taken under authority of a NWCO permit is prohibited, except wildlife legally taken during established trapping seasons and in accordance with all other pertinent rules and laws not associated with NWCO rules may be sold or otherwise disposed of as provided by law. 
  4. The sale, trade, barter, gifting or retention of beavers, coyotes, or parts thereof, taken under authority of a NWCO permitted is allowed with the proper documentation containing the taker’s name and permit number. 
  5. NWCO permittees must follow all state and federal laws that apply to the taking of wildlife with the exception of season dates and bag limits except as otherwise provided in this section. 
  6. Only damage or nuisance complaints affecting humans and/or their property may be controlled. Complaints involving conflicts between two or more wildlife species are not valid nuisance wildlife complaints. 
  7. All wildlife taken under a NWCO permit shall be taken and disposed of in a manner  to ensure safe and effective handling and/or euthanasia. Euthanasia of a captured animal is to be performed under the guidelines adopted by the American Veterinary Medicine Association. 
  8. Traps and other similar devices set by a NWCO shall be checked at least once every 24 hours and all animals removed. Traps must have the Operators name and NWCO permit number attached. 
  9. The following are legal methods of control under a NWCO permit: 
    1. box or live trap; 
    2. smooth-jawed single spring or double spring up to four coil offset steel leg-hold traps with a jaw spread of no more than eight and one half inches; 
    3. body gripping style traps less than size 330, except size 330 may be used for water sets for beavers only; 
    4. shooting where permitted by law or by city ordinance; 
    5. snares which shall have a locking device that prevents the loop from closing to a circumference less than ten (10) inches if the snare is set on or just above ground level. If the snare is set in an attic or similar situation there is no loop restriction; and 
    6. enclosed trigger traps. 
  10. All trapping devices must be placed in a manner that will: 
    1. minimize the risk of non-target animals; 
    2. minimize the risk to public and pets; and 
    3. every effort must be made for trapping devices to be out of the view of the general public when at all possible. 
    4. signs must be posted in conspicuous places in order to inform the public that traps are in use. 
    5. signs must have minimum dimensions of five inches by eight inches and the word"TRAPS" must be included and be conspicuous on the signs and printed in letters at least two inches tall. 
  11. Shooting with firearms shall be subject to all state, county and municipal restrictions and ordinances. Night shooting is allowed for nuisance beavers only under the following conditions: 
    1. NWCO must notify the game warden(s) in the county where activity will occur twenty-four (24) hours prior to such activity; 
    2. must be conducted in a safe manner to prevent injury to people, livestock and damage to personal property. 
  12. When relocation is authorized, the NWCO may have the wildlife in possession for no more than 24 hours unless specifically authorized by the Department. 
  13. Wildlife not euthanized, but is relocated, shall be released outside any city limit but not more than one county distant from the capture site and must be within the state of Oklahoma. 
  14. Wildlife shall not be released on private land without written permission of the landowner or landowner designee. 
  15. Wildlife shall not be released on public land without first obtaining written permission from the governmental entity owning or administering the release property. 
  16. Captured wildlife that appears to be sick or diseased shall be euthanized rather than relocated. Burial or incineration of these carcasses is required. 

 

PART 2. SPECIAL CANADA GOOSE PERMIT AGENTS PROGRAM 

 

800:25-37-6.  Purpose 

The Oklahoma Department of Wildlife Conservation’s (ODWC) Special Canada Goose Permit Agents Program (SCGP) is authorized by the U.S. Fish and Wildlife Service (Service) under a federal Special Canada Goose Permit (SCGP) to conduct resident Canada goose management and control activities through egg and nest manipulation, trapping, relocation, and killing of Canada geese in order to contribute to human health and safety, protection of personal property, and prevention of injury to people or property in accordance with all conditions specified in 50 CFR 21.26 and as outlined in the Special Canada Goose Permit Final Rules published in the Federal Register (64 FR 32769). 

 

800:25-37-7.  Permit requirements 

The following is a list of requirements, abilities, and conditions that must be met and/or demonstrated before the ODWC will allow relocation on nest and egg control of Canada geese in Oklahoma by any private or public company, agency or person(s). Further requirements may be added as needed to address future problems or concerns. 

  1. All potential designated agents operating under the ODWC’s SCGP will be required to be certified as a Nuisance Wildlife Control Operator (NWCO) as specified under OAC 800:25-37-2. 
  2. In addition to NWCO certification, all potential SCGP agents will be required to attend ODWC sponsored resident Canada goose management workshops and be approved by the ODWC to handle geese. 
  3. All necessary equipment used by SCGP agents for management of resident Canada geese, including but not limited to goose traps, holding pens and transport trailers and their use would have to conform to NWCOA specifications and guidelines or be approved by the ODWC for their use to minimize risk of injury and to ensure humane treatment of captured and transported geese. 
  4. All SCGP agents would be required to have in their possession while conducting resident Canada goose management activities a copy of the ODWC SCGP designated agent letter of authorization. Authorization as an ODWC SCGP designated agent would be contingent upon the continued issuance by the Service of the SCGP to the ODWC. The ODWC would notify in writing within 30 days all SCGP agents in the event that the Service does not renew the ODWC.s federal SCGP authorization. The ODWC reserves the right to suspend or revoke authorization of any SCGP agent. 

 

800:25-37-8.  Exemptions 

  1. ODWC employees are exempt from all SCGP requirements while they are on duty. 
  2. U.S. Department of Agriculture, Animal and Health Inspection Service, Wildlife Services employees will be exempt from the permit requirements when on duty when specifically authorized by the ODWC. 

 

800:25-37-9.  Procedures and guidelines 

SCGP agents are subject to the general conditions in 50 CFR parts 13 and 21, and conditions specified in paragraph (d) of the ODWC’s SCGP, and the conditions outlined below. 

  1. Unless specifically authorized by the ODWC all resident Canada goose management activities by SCGP agents shall consist of nonlethal control measures. 
  2. Management and control activities under the ODWC’s federal SCGP may only be conducted between March 11 and August 31. 
  3. Activities involving the harrassent of resident Canada geese, that do not result in the taking or possession of resident Canada geese, their parts, nests or eggs, may be conducted year around. 
  4. SCGP agents may possess and transport resident Canada geese and dispose of nest and eggs if so authorized by the ODWC, under the conditions in the ODWC’s federal SCGP, and as otherwise specified in this section. 
  5. SCGP agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any Canada geese taken under this section, nor their plumage, nests or eggs. 
  6. The ODWC may authorize, when deemed appropriate, designated agents to utilize such birds by donation to public museums or public institutions for scientific or educational purposes, by processing them for human consumption and distributing them free of charge to charitable organizations, or by burying or incinerating them. 
  7. No SCGP designated agent conducting management and control activities under this section should construe the permit to authorize the killing of resident Canada geese contrary to any State law or regulation, nor on any Federal land without specific authorization by the responsible management agency. No person may exercise the privileges granted under this section unless they possess any permits required for such activities by an State or Federal land manager. 

  8. SCGP designated agents authorized to carry out management and control activities must have a current copy of the ODWC letter of authorization in their possession when carrying out any permitted activities. A NWCO certified SCGP agent must be present at the site when any activities authorized under the ODWC SCGP are undertaken.

  9. SCGP agents must also obtain prior consent from property owners or occupants on whose premises the SCGP agent will be conducting activities. In the event where multiple landowners or a legal governing body is involved, the agent must secure a copy of the petition requesting goose removal, signed by the landowners association representative indicating concurrence by more than 50% of the individuals having a vested interest in the property. In addition, all such property owners or occupants must consent to allow at all reasonable times, including during actual operations, free and unrestricted access, to any U.S. Fish and Wildlife Service special agent or refuge officer and /or ODWC personnel, to the premises here they are, or were, conducting activities. Furthermore, any designated agent conducting such activities must promptly furnish whatever information in required concerning such activities to any such Service or ODWC personnel. 
  10. SCGP agents may not undertake any actions under the ODWC’s SCGP if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act. 
  11. SCGP agents are pre-authorized to trap and relocate resident Canada geese from within the incorporated city limits of a municipality under the aforementioned terms and conditions of the ODWC’s federal SCGP. SCGP agents will be annually provided a list by ODWC of approved release sites for the municipalities from where geese will be relocated. 
  12. SCGP agents are pre-authorized to carry out nest and egg control within the incorporated city limits of municipalities under the aforementioned terms and conditions of the ODWC’s federal SCGP. 
  13. Any nest and egg control and/or trapping and relocation of resident Canada geese outside of the incorporated city limits of a municipality must have a prior specific case by case authorization by ODWC personnel. 

 

800:25-37-10.  Reporting procedures 

All SCGP agents exercising the privileges granted by this subchapter and part must keep records of all activities carried out under the authority of this permit. SCGP agents must submit to the ODWC within seven working days a detailed account of any and all activities carried out under the ODWC’s SCGP as outlined on reporting forms available from the ODWC.