West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-7 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The following
				procedures and restrictions regulate wildlife damage control agents:
7.1.a. The agent is not exempt from
				compliance with the provisions of other state, local, or federal
				laws.
7.1.b. The wildlife damage
				control agent shall identify the offending wildlife, if possible, and recommend
				methods of control, estimated costs, and advantages and disadvantages of each
				method. The agent shall explain how much of the problem will be resolved by the
				recommended methods.
7.1.c. While
				engaged in wildlife damage control, the agent shall obey all hunting and
				trapping laws and rules with the following exceptions:
7.1.c.1. Traps may be set at any time;
7.1.c.2. Woodchucks may be
				controlled by gas cartridges;
7.1.c.3. Wildlife dens of authorized species
				in subdivisions 7.1 .g. and 7.1 .h. of this rule may be disturbed and
				destroyed. Nests of state and federally protected birds containing eggs or
				young may be disturbed and destroyed after obtaining appropriate state and
				federal permits;
7.1.c.4.
				Authorized species of wildlife in subdivisions 7.1.g. and 7.1.h. of this rule
				may be taken by net, bait, or trap;
7.1.c.5. Authorized species in subdivisions
				7.1.g. and 7.1.h. of this rule may be possessed for up to 72 hours during the
				closed season;
7.1.c.6. Wildlife
				damage control agents may use electronic means to check on the status of a trap
				while acting pursuant to the authority granted under the license. If the
				electronic device malfunctions or in any way ceases to provide the wildlife
				damage control agent with realtime updates on the trap, the wildlife damage
				control agent shall physically check the trap within 24 hours; and
7.1.c.7. Agents may be authorized to use
				other methods of control as recommended by the district wildlife biologist or
				district natural resource police officer.
7.1.d. Agents using restricted use pesticides
				to take or control wildlife species must be certified and licensed with the
				West Virginia Department of Agriculture. Certified pesticide applicators
				providing wildlife damage control services must possess a wildlife damage
				control agent license.
7.1.e.
				Agents shall use foot-hold traps in mvmicipalities of the type approved by the
				Director and shall set the traps so as to avoid free roaming pets. If pets are
				captured the agent shall release them to the owners when the owner can be
				identified, release them at the site of capture or release them to appropriate
				county officials. An agent shall immediately release wildlife species not
				responsible for nuisance or damage.
7.1.f. All trapping devices must have the
				agent's name and address on a durable plate or tag attached to the trapping
				device.
7.1.g. A wildlife damage
				control license authorizes the agent to control problem animals of the
				following species or groups of species: pigeons (rock pigeon), house sparrow,
				European starling, red-winged blackbird, brown-headed cowbird, grackle,
				opossum, moles, bats, cottontail rabbit, snapping turtle, snakes, chipmunk,
				grey squirrel, fox squirrel, red squirrel, southern flying squirrel, woodchuck,
				muskrat, rats, mice, voles, raccoon, weasels, red fox, gray fox, coyote, mink
				and striped skunk, provided that the species listed in subdivision 7.1.i. may
				not be killed, captured, or disturbed. Crow, grackle, red-winged blackbird, and
				brown-headed cowbird may be controlled under state and federal rules and
				regulations.
7.1.g.1. An agent shall follow
				bat exclusion guidelines which have been developed by the Division and which
				are provided to an agent upon issuance of his or her Wildlife Damage Control
				Agent license.
7.1.h. An
				agent may control the following species or groups of species, only with prior
				approval of the district wildlife biologist and the district natural resource
				police officer: white-tailed deer, black bear, bobcat, fisher, beaver, otter,
				wild turkey, wild boar, elk and any species not listed in subdivision 7.1.g.
				and 7.1.i. of this rule. An agent may only take federally protected birds with
				a U.S. Fish and Wildlife Service depredation permit.
7.1.i. The following species or group of
				species shall not be controlled by wildlife damage control agents: migratory
				birds (except as listed in subdivisions 7.1.g. and 7.1.h. of this rule),
				salamanders, fi*ogs, toads, turtles (except as listed in subdivision 7.1.g. of
				this rule), skinks, eastern ribbon snake (Thamnophis sauritus sauritus),
				mountain earth snake (Virginia valeriae pulchra), com snake (Elaphe guttata
				guttata). Northern pine snake (Pituophis melanoleucus melanoleucus), eastern
				king snake (Lampropeltis getula getula), long-tailed shrew (Sorex dispar),
				pygmy shrew (Sorex hoyi), northern water shrew (Sorex palustris), eastern
				small-footed myotis (Myotis leibii), northern long-eared bat (Myotis
				septentrionalis), Indiana bat (Myotis sodalis), Rafmesque's big-eared bat
				(Corynorhinus rafinesquii), Virginia big-eared bat (Corynorhinus townsendii
				virginianus), northern fiying squirrel (Glaucomys sabrinus), Allegheny woodrat
				(Neotoma Magister), rock vole (Microtus chrotorrhinus), prairie vole (Microtus
				ochrogaster), golden mouse (Ochrotomys nuttalli), eastern harvest mouse
				(Reithrodontomys humulis), meadow jumping mouse (Zapus hudsonius), least weasel
				(Mustela nivalis), eastern spotted skunk (Spilogale putorius), or threatened,
				endangered or candidate species as designated by the Endangered Species Act of
				1973, as amended.