Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 60 - Fish and Wildlife › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Nuisance Wildlife Control Specialists › Section 250-RICR-60-00-3.6 - Nuisance Wildlife Control Specialist Permits

Current through June 14, 2024
A. The
				  Division of Fish and Wildlife shall issue Nuisance Wildlife Control Specialist
				  Permits to persons meeting the criteria set forth in these regulations to
				  provide nuisance wildlife control services to the general public.
1. No person, unless otherwise authorized by
				  state or federal law, or as otherwise provided for under §§
											3.6(A)(10) 
				  and 3.6(A)(11)
				  of this Part of these regulations, shall engage in the business of providing
				  wildlife control services, with or without an associated fee, on the property
				  of another, without first obtaining a Nuisance Wildlife Control Specialist
				  permit from the Department of Environmental Management.
2. A person may qualify to obtain a Nuisance
				  Wildlife Control Specialist permit from the DEM upon meeting all of the
				  following requirements:
a. They have
				  submitted a complete application on forms provided by the DEM.
b. They provide proof of being 18 years of
				  age or older.
c. They have
				  successfully completed a written examination administered by the DEM. A person
				  must attain a passing grade of 80 percent.
d. They possess a current Rhode Island
				  trapping license.
e. They have not
				  been convicted of a nuisance wildlife-related violation or do not have a
				  disposition filed before a state, federal or municipal court or administrative
				  tribunal of competent jurisdiction anywhere in the United States or Canada
				  within three (3) years before submitting an application or, had their NWCS
				  licensed revoked in Rhode Island under the provisions of these regulations
				  within three (3) years before submitting an application.
f. They have paid the permit fee, R.I. Gen.
				  Laws §
												20-1-21.
3. All initial permit applications shall
				  contain the following information:
a. The
				  applicant's date of birth;
b. The
				  applicant's name, address, and daytime telephone number;
c. If the application is a corporation,
				  partnership, business, commercial entity, club, organization, or association,
				  whether public or private, the name, address, and telephone number of the
				  president, director, or principal officer;
d. The applicant's current Rhode Island
				  trapping license number;
e. The
				  applicant's signature.
4. Renewal applications shall include
				  information as listed in §§
											3.6(A)(3)(a) through
				  (e) of this Part.
5. A fee shall be charged for the Rhode
				  Island Nuisance Wildlife Control Specialist Handbook to cover the cost of
				  printing, shipping and handling.
6.
				  Applications for NWCS permit may be denied when:
a. The applicant has been convicted of a
				  nuisance wildlife-related violation or currently has a disposition filed before
				  a state, federal or municipal court or administrative tribunal of competent
				  jurisdiction anywhere in the United States or Canada within three (3) years
				  preceding the application date;
b.
				  The applicant fails to provide all required information on the application or
				  to provide truthful information;
c.
				  The applicant fails to pay the required permit fee.
7. Nuisance Wildlife Control Specialist
				  applications under this section must be signed by the permittee. As a condition
				  of signing the application, the permittee agrees:
a. To comply with all relevant provisions of
				  the law including but not limited to R.I. Gen. Laws Titles 4 and 20, and all
				  applicable conditions and restrictions of the permit; To hold the state
				  harmless for any damage, injury, or disease caused by any wildlife captured,
				  transported, euthanized, or held under the permit, to include treatment for and
				  prevention of such and to assume all liability associated with this
				  permit.
b. Permittees assume all
				  liability associated with this permit.
8. Nuisance Wildlife Control Specialist
				  permits shall be valid April 1 through midnight of March 31 of the following
				  year. Permits must be renewed annually and are only valid after receipt of
				  completed renewal application and permit fee. Permits that are not renewed
				  after a period of six months shall be considered inactive. Applicants who have
				  allowed their permit to become inactive must reapply for a new permit in
				  accordance with §
											3.6(A)(2) of
				  this Part.
9. A person who fails
				  the written examination may retake the examination one additional time after
				  fourteen (14) days but not again for sixty (60) days if failing to pass the
				  test the second time.
10. Municipal
				  animal control officers, when acting as an agent for the municipality, on land
				  owned or leased by the municipality, shall be exempted from the permit and
				  examination requirements of these regulations. Municipal animal control
				  officers, when acting as an agent for the municipality in response to
				  situations involving potentially rabid animals within their communities, are
				  exempted from NWCS permit requirements.
11. Those persons who possess a current
				  certification pursuant to the Department's Rules and Regulations relating to
				  Pesticides (Part 40-15-2 of this Title) for a Category 7a or 7d pesticide
				  applicators license shall be exempt from the NWCS permit requirements for the
				  purposes of performing wildlife control services for mice (
mus spp,
				  Peromyscus spp
), Norway rats (
Rattus Norvegicus
),
				  English sparrows (
Passer domesticus
), rock pigeons
				  (
Columba livia
), and European starlings (
Sturnus
				  vulgaris
). The control of any other species of wild mammal, bird, or
				  reptile requires a NWCS permit.
12.
				  The Nuisance Wildlife Control Specialist permit shall authorize the permittee
				  to control the following species or groups of species only: striped skunk
				  (
Mephitis mephitis
), Virginia opossum (
Didelphis
				  virginiana
), raccoon (
Procyob lotor
), red fox
				  (
Vulpes vulpes
), gray fox (
Urocyon
				  cinereoargenteus
), coyote (
Canis latrans
), bats
				  (
Eptesicus fuscus, Lasionycteris noctivagans, Lasiurus spp, Myotis spp,
				  Perimyotis subflavus
), moles (
Parascalops breweri, Condylura,
				  Scalopus aquaticus
), muskrat (
Ondatra zibethicus
),
				  gray squirrel (
Sciurus carolinensis
), red squirrel
				  (
Tamiasciurus hudsonicus
), flying squirrels
				  (
Glaucomys
v
olans
), chipmunk (
Tamias
				  striatus
), woodchuck (
Marmota monax
), voles
				  (
Microtus spp
), cottontail rabbits (
Sylvilagus
				  spp
), weasels (
Mustela spp
), mink (
Mustela
				  vison
), pigeons (
Columba livia
), European starlings
				  (
Sturnus vulgaris
), English sparrows (
Passer
				  domesticus
), monk parakeet (
Myiopsitta monachus
),
				  snapping turtle (
Chelydra serpentina
), and snakes
				  (
Pantherophis alleganiensis, Thamnophis sirtalis, Heterodon
				  platirhinos, Carphophis amoenus, Coluber constrictor, Nerodia sipedon, Storeria
				  occipitomaculata, Diadophis punctatus, Storeria dekayi, Lampropelti s
				  triangulum, Thamnophis sauritis, Opheodrys vernalis
). The Director or
				  his or her designee may authorize a permittee to control or authorize the
				  disposition of other species not listed above at such times and under such
				  conditions as he or she deems appropriate or necessary.
13. The Director may, under his or her
				  regulatory authority, suspend the control of certain species or certain
				  activities when he or she deems it is necessary to ensure human health or the
				  health of wildlife or domestic animals.
14. Translocation of any nuisance mammal
				  captured alive is prohibited. Mammals captured alive must be euthanized in a
				  manner that complies with R.I. Gen. Laws or released on the site of capture.
				  The transportation of captured animals to an off-site location for the purpose
				  of euthanization, disposal, or rehabilitation is permitted. Animals may not be
				  held in captivity for purposes of release or, euthanization and disposal for
				  more than 24 hours. During such time, animals must be provided adequate
				  protection from excessive heat, cold, or undue stress. Under the authority of
				  the Rhode Island Department of Health or the DEM, for public health concerns,
				  animals may be held in captivity for a longer period of time.
15. Any captured mammal showing symptoms of
				  disease must not be released and must be euthanized in a manner that complies
				  with Rhode Island law. Any incident involving contact or potential exposure
				  between the captured mammal and a human must be reported immediately to the
				  Rhode Island Department of Health (DOH). The animal, or carcass must be made
				  available to the DOH per their requirements. Any incident involving contact or
				  potential exposure between the captured mammal and a domestic animal must be
				  immediately reported to the animal control officer (ACO) in the town in which
				  the incident occurred and the DOH. The animal or carcass must be made available
				  to the ACO or the DOH per their requirements.
16. Apparently healthy mammals that show no
				  sign of behavioral, neurological, or locomotive impairments, those mammals
				  without visible wounds, or juvenile raccoons, skunks, woodchucks, or foxes
				  which are not known or suspected to have contact with a human or domestic
				  animal may be transported to a R.I. licensed wildlife rehabilitator. Wildlife
				  rehabilitators are not obligated or required to accept animals from
				  NWCS.
17. No live animals taken
				  under the provisions of a Nuisance Wildlife Control Specialists permit shall be
				  kept, tamed, used for propagation purposes, sold, offered for sale, traded, or
				  bartered.
18. Permittees may employ
				  other permittees to assist in nuisance wildlife control services. Employees
				  conducting nuisance wildlife services as defined in §
											3.5 of this Part must have a
				  current R.I. NWCS permit.
19.
				  Permittees must file an annual report with the Division of Fish and Wildlife at
				  the end of each calendar year. The report must be submitted at time of renewal
				  for the preceding calendar year and shall be on forms provided by the
				  Department. The report shall require the permittee to record all information
				  requested on the form including: the species of wildlife handled, the number of
				  individual animals, the disposition of animals, and other information as
				  required. Reports must be made available for inspection by a Division of Law
				  Enforcement Environmental Police Officer (EPO) or Division of Fish and Wildlife
				  official at any reasonable time.
20. Revocation Criteria
a. Applications and/or permits for NWCS may
				  be denied, revoked or suspended when:
(1) The
				  applicant or permittee has been convicted of a nuisance wildlife-related
				  violation in Rhode Island or other state within three (3) years preceding the
				  application date;
(2) The applicant
				  or permittee failed to provide all required information on the application or
				  to provide truthful information;
(3) The applicant or permittee failed to pay
				  the required permit fee;
(4) The
				  permittee has failed to submit the annual report or;
(5) The failure of the permittee to comply
				  with the conditions of the permit or of any violation of the provisions of the
				  R.I. Gen. Laws Title 20 or other appropriate sections of the R.I. Gen. Laws and
				  these regulations.
21. Methods of Take
a. Permittees may only take or attempt to
				  take nuisance animals by the following means:
(1) For Mammals:
(AA) Any trap type as authorized for use
				  under the most current Hunting and Trapping Regulations adopted pursuant to
				  R.I. Gen. Laws §§
														20-1-2;
				  20-1-4;
				  20-1-8;
				  20-1-12; and 20-1-13; and R.I.
				  Gen. Laws Chapters 42-17.1; 20-15; and 20-18, and in accordance with R.I. Gen.
				  Laws Chapter 42-35, Administrative Procedures Act, or as otherwise permitted by
				  Rhode Island General Law.
(BB)
				  Common mouse or rat traps and glue boards for small mammals.
(CC) Other allowable methods include:
				  shooting with a firearm when in accordance with all state and local laws, hand
				  nets, hand capture, and noose poles. Also fumigant cartridges for the control
				  of woodchucks, and approved rodenticides to control rats and mice when in
				  accordance with provisions of a current Rhode Island commercial Category 7d
				  (Vertebrate) pesticide applicators license (Part 40-15-2 of this
				  Title).
(2) For Birds:
(AA) Pigeon, starling, and sparrow-type cage
				  traps.
(BB) The use of nontoxic and
				  toxic repellents that are registered for use in Rhode Island may be used to
				  control pigeons, starling, English sparrow, or other bird species for which a
				  federal depredation permit has been issued, in accordance with provisions of a
				  current Rhode Island commercial Category 7d (Vertebrate) pesticide applicator
				  license (Part 40-15-2 of this Title).
(CC) Other allowable methods include:
				  shooting with a firearm when in accordance with all applicable federal, state,
				  and local laws, hand nets, and hand capture.
(3) For Snapping Turtles:
(AA) Wire or twine hoop or funnel traps when
				  set in such a manner that captured turtles or other animals may reach the
				  surface to breath, or by snagging, hand nets, or hand capture. Turtle traps
				  must have a metal tag attached, which, at a minimum, bears the trapper's name
				  and address.
22. Permittees must possess a valid Rhode
				  Island firearms hunting license, or DEM Pistol/Revolver Certification Card
				  (Blue Card) if using firearms while performing wildlife control services. The
				  use of firearms is subject to all state and local restrictions.
23. Nothing in these regulations permits the
				  use of regulated medical supplies including but not limited to syringes and
				  drugs without specific conformance with the Department of Health Hypodermic
				  Needles, Syringes, and Other Such Instruments Rules and Regulations
				  (216-RICR-20-15-6).
24. Obtaining a
				  permit pursuant to these regulations does not preclude the permittees
				  conformance with such other federal, state or local requirements for licensure
				  certification or permits that may be required.
25. Issuance of a permit does not exempt the
				  permittee from compliance with the provisions of any other local, state, or
				  federal statues, regulations or ordinances.
26. The capture, handling, or harassment of
				  any federally listed endangered species is prohibited.