Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-41-7 - Procedures7.1. 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; and7.1.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.