A.Wherever used in these Rules and Regulations the following terms shall be construed as follows:
1."Anchor or Anchor point” means a method for attaching traps, or cable restraint devices to a rigid and immovable object, such as a driven stake(s), earth anchor, post, or tree; also called an anchor system.
2.“Animal” or “Animals” means every living creature except a human being.
3.“Bite" or "Bitten” means that the skin has been penetrated by an animal's tooth or teeth.
4.“Breakaway lock” means any component incorporated into a cable restraint device that allows the loop to break open and the animal to escape completely free of the device; when a specified amount of force is applied, breakaway locks prevent the capture and restraint of white-tailed deer.
5.“Cable restraint” means a live capture trap that relaxes with a release of tension allowing animals to be captured alive. Cable restraints include two swivels to prevent animal entanglement. Cable restraints include a breakaway lock and ferrule(s) to prevent the capture and restraint of white-tailed deer and other non-target animals.
6.“Department" or "DEM” means the Rhode Island Department of Environmental Management.
7.“Director” means the Director of the Rhode Island Department of Environmental Management, or his/her duly authorized agent or agents.
8.“Division” means the Division of Fish & Wildlife of the Rhode Island Department of Environmental Management.
9.“Endangered species” means any animal so declared by the United States secretaries of the interior or commerce under the provisions of the Federal Endangered Species Act, 16 U.S.C. § 1532 (2018), or animal so declared by the Director of the Rhode Island Department of Environmental Management pursuant to R.I. Gen. Laws § 20-37-2(3).
10.“Environmental police officer” means the Chief of the DEM Division of Law Enforcement, the deputy chiefs and all officers of the Division of Law Enforcement.
11.“Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous loss of consciousness followed immediately by death or by a method that involves anesthesia produced by an agent which causes painless and rapid loss of consciousness and death during that period of unconsciousness. All methods of euthanasia must comply with Rhode Island General Laws.
12.“Ferrule” means a component designed to join two points of a cable together or to act as a stop, which regulates the maximum and/or minimum loop size of a cable device.
13.“Fish and Wildlife” or "F&W" means the Department of Environmental Management’s Division of Fish and Wildlife.
14.“Lock" means a mechanical component designed to create and maintain a loop in a cable and prevents the loop, after closure upon an animal, from re-opening to a diameter that allows the desired animal to escape.
15.“Nuisance Wildlife Control Specialist”, "NWCS" or “Permittee” means any person issued a permit pursuant to the provisions of R.I. Gen. Laws §§ 20-1-18 and 20-1-2I, for the control of nuisance wildlife.
16.“Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, municipality, or other government entity or other legal entity.
17.“Relaxing lock” means a lock that allows the loop of a cable restraint to loosen slightly to reduce the possibility of strangulation.
18.“Site of capture” means the parcel of land on which the problem animal was captured and which is owned or leased by the person who captured the problem animal or who engaged a Nuisance Wildlife Control Specialist to affect such capture.
19.“Snare” means a lethal capture trap that closes completely and causes asphyxiation and entanglement.
20.“Swivel device” means a component used to allow free rotation of a cable restraint device.
21.“Translocation” means the transport and release of animals from one location to another.
22.“Wildlife control services” means to harass, repel, evict, exclude, capture, posses, transport, liberate, destroy; or attempt to harass, repel, evict, exclude, capture, posses, transport, liberate or destroy a problem wild animal. This is to include the disturbance, removal, or destruction or attempted disturbance, removal, or destruction of nests, dens, lodges, or burrows.
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.
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 volans), 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, Lampropeltis 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 euthanasia, disposal is permitted. Animals may not be held in captivity for purposes of release or, euthanasia 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.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.
17.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.
18.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.
19.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.
20.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).
(DD)Cable restraint devices only permissible under the following circumstances:
(i)Cable restraints may only be deployed by NWCS with cable restraint training approved by the Division of Fish and Wildlife.
(ii)Cable restraints shall not be placed on publicly owned land.
(iii)All cable restraints in possession or carried afield shall have a metallic identification tag affixed with the owner Customer ID or sportsman’s equipment ID.
(iv)Cable restraints are made of stranded steel cable between 3/32 – 1/8 inch.
(v)The cable restraint loop shall not exceed 12 inches in diameter.
(vi)The top of the cable restraint loop shall not be placed more than 24 inches above the ground.
(vii)Cable restraints shall be equipped with a single piece, sliding, metal, mechanically relaxing lock.
(viii)Cable restraints shall be equipped with a stop or ferrule to prevent the loop from closing to a diameter less than 2.5 inches.
(ix)Cable restraints shall be equipped with a breakaway locking system with a breaking point not greater than 285 pounds. The breakaway device must be attached to the relaxing lock.
(x)Cable restraints shall be affixed to a stake or object sufficient to hold a fox or coyote. The use of any type of drag is prohibited.
(xi)Cable restraints shall be equipped with two swivels, including one swivel at the anchor point.
(xii)Spring poles, counterbalanced weights, springs, or other similar devices cannot be used to close the cable restraint. Except that, cable restraints that include a bite and pull mechanism specifically designed for canine capture may be used.
(xiii)Cable restraints may be up to 60 inches in length, not including a cable anchor extension.
(xiv)A cable restraint anchor extension may be up to 36 inches in length.
(xv)Cable restraints shall not be attached to a fence or set in a manner that would allow an animal to become entangled in any man-made structure.
(xvi)Cable restraints may be anchored to woody vegetation provided that the stem is free of branches and stubs to a height of 5 feet above the ground. Branches and stubs must be cut flush with the outer bark of the stem. The catch circle must also be cleared of vegetation.
(xvii)Cable restraints shall not be set so that a restrained animal is suspended with two or more feet off the ground.
(xviii)All bobcats that are captured must be immediately released and DEM – DFW must be notified within 24 hours. Any bobcat that is expired must be delivered to the Great Swamp Headquarters within 7 days.
(xix)Wildlife held in traps, or cable restraint devices may be dispatched or removed only by the user.
(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.
21.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.
22.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).
23.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.
24.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.
25.The capture, handling, or harassment of any federally listed endangered species is prohibited.
