Virginia Commercial Nuisance Animal Permit Information Materials

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VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES

COMMERCIAL NUISANCE ANIMAL PERMIT

INFORMATION MATERIALS

New applicants for the Commercial Nuisance Animal Permit (CNAP) are required to complete the Virginia Wildlife

Control Training Program. This high quality training program provides comprehensive and up-to-date information

specifically developed for wildlife control operators in Virginia. This course is administered online via the National

Wildlife Control Training Program (NWCTP) web site and in-person at the Virginia Wildlife Damage Management

Association annual spring meeting (http://vwdma.net/). Upon completion of the course, applicants must demonstrate

knowledge, skill, and proficiency in wildlife conflict management by correctly answering at least 80% of questions on the

training program exam.

This self-paced online training and testing program can be accessed from personal computers or from public library

computers with internet access. Cost of the online course with the exam is $200. The exam can only be taken after enrolling

in the online course. A printed copy of the training manual (optional) can also be ordered for an additional $49.95. Ordering

information can be found at the following internet web sites:

NWCTP Virginia Wildlife Control Online Training Program & Exam: https://store.nwctp.com/products/va-training-and-

certification ($200)

Printed Copy of Virginia Wildlife Control Training and Wildlife Species Damage Management Information Manual

(optional): http://store.nwctp.com/products/virginia-wco-training-manual ($49.95)

Virginia Commercial Nuisance Animal Permit Refresher Course (renewal applicants only):

https://store.nwctp.com/products/cnap-refresher-course ($150)

Once you have successfully completed the training program and passed the test with a minimum 80% score, you will receive

a certificate of completion, permit application, and instructions. Cost of the permit is $75, payable at the time you apply

for the permit. The permit will be valid for three (3) calendar years, beginning with the year of permit issuance.

Renewal applicants must also demonstrate continuing knowledge, skill, and proficiency in wildlife conflict management.

The following options are available to fulfill this requirement: 1) complete the Virginia Commercial Nuisance Animal

Permit Refresher Course (link listed above) and successfully pass the online exam; OR 2) provide evidence of 24-hours

attendance in Department-approved continuing education training directly related to wildlife conflict management

acquired between the dates of permit issue and expiration; OR 3) provide evidence of certification as a wildlife control

professional by a wildlife management organization recognized by the Department. Applicability of continuing education

seminars, training workshops, and professional organization certifications will be evaluated on an individual basis. You

will be asked to supply all information necessary to properly evaluate your training.

If you have questions regarding the new online training course, continuing education requirements, or professional

certifications, you may contact the Department staff member listed below. Please do not contact the Department to

WILDLIFE ORGANIZATION

CONTACT PERSON

E-MAIL

TELEPHONE

Virginia Department of Wildlife

Resources

Mike Fies

[email protected]irginia.gov

540-248-9390

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VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES

Permits Section

P. O. Box 3337

Henrico, Virginia 23228

COMMERCIAL NUISANCE ANIMAL PERMIT CONDITIONS

Under the authority of the Code of Virginia §29.1-103, §29.1-501, and 4 VAC 15-30-50 of the Virginia

Administrative Code the Department administers a Commercial Nuisance Animal Permit (CNAP) for authorizing

persons under permit conditions to capture, temporarily hold or possess, transport, release, and when necessary

humanely dispatch wildlife that are causing damage to property, causing refuse problems, or posing a risk to human

health or safety.

I. GENERAL CONDITIONS

A. WILDLIFE OWNERSHIP: All wildlife captured, temporarily possessed, transported for dispatching, or released

under the authority of this permit shall remain the property of the Commonwealth of Virginia and under the primary

jurisdiction of the Virginia Department of Wildlife Resources. The Department does not have legal jurisdiction

over companion animals (defined in the Code of Virginia, §3.2-6500), which includes feral cats and dogs. As a

result, the CNAP does not provide authorization to the permittee to trap companion animals, including feral cats

and dogs. Permittees should consult their local laws and/or contact their local animal control officer to resolve

issues related to the trapping of companion animals, including feral cats and dogs. If a permittee gets involved

with the trapping of companion animals, they do so as a private citizen and not as a permittee of the Department.

B. LIABILITY: The Department of Wildlife Resources recommends that the permittee maintain adequate liability

insurance to cover all damages, losses, or claims arising from the activities authorized by the conditions of this

permit. The permittee hereby agrees to indemnify and hold harmless the Commonwealth of Virginia and the

Department of Wildlife Resources for all damages, losses, or claims arising out of the activities authorized by

the conditions of this permit. The permittee shall cooperate with the Commonwealth and the Department in

defense of any claim hereunder, and the permittee shall pay all consequential and incidental expenses of the

Commonwealth and the Department, including but not limited to reasonable attorney fees.

C. FEDERAL, STATE, and LOCAL LAWS: This permit does not absolve the permittee of any responsibilities

or conditions of any other federal, state, or local laws and regulations, including those that apply to

migratory species, threatened or endangered species, and companion animals.

D. RABIES IMMUNIZATION, KNOWLEDGE, SKILL, AND PROFICIENCY REQUIREMENTS:

1. Rabies Immunization: The Department of Wildlife Resources recommends that all permittees who capture

and handle bats, foxes, groundhogs, raccoons, or skunks receive a pre-exposure rabies vaccination series,

and maintain an adequate rabies antibody titer as evidenced through biannual serologic testing.

2. Knowledge, Skill, and Proficiency – New Applicants: A new permit applicant must demonstrate knowledge,

skill, and proficiency in wildlife conflict management by completing a Department-approved training course

and correctly answering at least 80% of questions on a proficiency exam (see information sheet on previous

page).

3. Knowledge, Skill, and Proficiency – Renewal Applicants: A permit renewal applicant must

demonstrate continuing knowledge, skill, and proficiency in wildlife conflict management by:

a. Completing a Department-approved renewal training course and correctly answering at least 80% of

questions on a proficiency exam (see information sheet on previous page), OR

b. Providing evidence of 24-hours attendance in Department approved education seminars or

training workshops related to wildlife conflict management acquired between the dates of permit

issue and expiration, OR

c. Providing evidence of certification as a wildlife conflict management professional by a

professional wildlife management organization recognized by the Department.

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E. PERMIT AUTHORITY AND DEFINITIONS:

1. Authorization: The permittee is authorized, upon complaint of a landowner, lessee, or property owner or

manager, to use the following techniques at any time upon the complainant’s property to manage all native

or naturalized wildlife not listed in section I.E.2.a. or b., that are causing damage to property, causing refuse

problems, or posing a risk to human health or safety (for a list of native and naturalized wildlife, please see

the following link: https://dwr.virginia.gov/wp-content/uploads/virginia-native-naturalized-species.pdf.

a. Capture and/or remove wildlife from the interior or exterior of a building or dwelling for release upon

the curtilage of such building or dwelling (see definition below) at the consent of the landowner or tenant

(do not release rabies suspect animals [see section I.F.3], also see PPE requirements in section F.1 for

doing bat work),

b. Capture and temporarily possess injured, sick or orphaned wildlife for transport to an individual or

organization possessing a Category II or III wildlife rehabilitation permit issued by the Department,

c. Capture, temporarily possess, and transport wildlife for humane dispatch (see section I.G.2.) at another

location (no live translocation and release off-site),

d. Capture for humane dispatch on-site, or

e. Immediately dispatch on-site (i.e. kill traps, shooting, etc.).

EXCEPTIONS:

(1) Under state law (§ 29.1-545 of the Code of Virginia), nutria may not be possessed or released, so

only techniques d) and e) may be used for this species. Disposal shall be in accordance with the

terms of this permit.

(2) Under state law (§ 29.1-530 of the Code of Virginia), squirrels creating a nuisance in areas where

firearms cannot be lawfully discharged may be trapped and disposed of, except by sale. This

includes release on other property, with permission of the landowner at the release site. Squirrels

trapped in areas where the use of firearms is legal must only use techniques a) through e). Disposal

shall be in accordance with the terms of this permit.

(3) Snakes may be translocated and released under certain conditions (see section I.G.2.)

(4) Coyotes and feral swine may not be possessed or released and must be humanely dispatched.

Non-target coyotes may be released on site immediately after capture.

(5) Due to concerns related to possible transmission of the COVID-19 virus to wildlife, permittees

who test positive for COVID-19 or have been exposed to another person who tests positive for the

virus, may not have direct or indirect contact with any mammalian wildlife species until after their

self-quarantine or isolation period has ended.

2. Non-Authorization: The permittee is not authorized to capture, possess, transport, or kill the following species:

a. State or Federal Threatened or Endangered species, list can be found at this link:

https://dwr.virginia.gov/wp-content/uploads/media/virginia-threatened-endangered-species.pdf

b. Federal protected migratory bird species, list can be found at this link:

http://www.fws.gov/birds/management/managed-species/migratory-bird-treaty-act-protected-

species.php

c. Black bear,

d. White-tailed deer,

e. Wild turkey.

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3. Definitions:

a. Temporarily possess is defined as taking into possession live wildlife species for a period not to

exceed forty-eight (48) hours after removal from a capturing device.

b. Curtilage is defined as the grounds and areas immediately adjacent to such building or dwelling and

routinely used by the occupants.

c. Personal Protective Equipment (PPE) is defined as consisting of (at minimum) disposable or reusable

gloves that can be decontaminated and a mask (e.g., surgical or homemade cloth mask) or respirator

(e.g., N95 mask with no vents).

d. Disinfection is defined as the removal of debris with soap and water, rinsing, drying, spraying with or

submerging in a 10% bleach solution (1/2 cup 6% or 8.25% household bleach in 1 gallon of water) for

at least ten (10) minutes, a second rinse, and drying before use.

e. E. multi zone includes Clarke, Fairfax, Fauquier, Frederick, Loudoun, Prince William, and Warren

counties.

F. WILDLIFE CONFLICT MANAGEMENT METHODS AND CONDITIONS:

1. Methods: Wildlife control measures may include capturing, live trapping, kill trapping, shooting, or killing

using legal capture, trapping, and shooting methods recommended in the National Wildlife Control Training

Program publication “Virginia Wildlife Control Training and Wildlife Species Damage Management

Information Manual”. Methods: Wildlife control measures may include capturing, live trapping, kill

trapping, shooting, or killing using legal capture, trapping, and shooting methods recommended in the

National Wildlife Control Training Program publication “Virginia Wildlife Control Training and Wildlife

Species Damage Management Information Manual”.

Proper PPE (see definition in section E.3.C) is required when entering an active bat roost site or performing

any work that may result in direct contact (e.g. handling or capture). Non-disposable PPE, including gloves,

masks, and filters, must be decontaminated between jobs.

This permit does not authorize the permittee to use pesticides or chemical repellents to kill or repel any

wildlife species. Certification as a commercial pesticide applicator or registered technician is required to

perform these duties. Questions regarding Federal and State pesticide regulations and applicator

certification should be directed to the Virginia Department of Agriculture and Consumer Services, Office

of Pesticide Services.

2. Trap identification and check interval: Any trapping device used by the permittee to capture wildlife must be

marked with the permittee's name and address or a permanent identification number issued by the Department

(§ 29.2-521 part A.7 of the Code of Virginia). Permittees setting or in possession of steel foothold traps,

body- gripping traps, and snares must have them marked with a nonferrous metal tag bearing this information

(4 VAC 15-40-170 of the Virginia Administrative Code). It shall be unlawful to fail to visit all traps once

each day and remove all animals caught, and immediately report to the landowner as to stock, dogs, or fowl

which are caught and the date (§ 29.2-521 part A.9 of the Code of Virginia). However, body-gripping traps

that are completely submerged may be visited once every 72 hours (4 VAC 15-40-195 part B of the Virginia

Administrative Code). Remote trap checking systems may be used in lieu of a physical trap check under

certain conditions (4 VAC 15-40-195 part C of the Virginia Administrative Code).

3. Human exposure to rabies vector species: The permittee must immediately notify the local health department

and the local county or city animal control officer of any incidents involving possible human exposure to

rabies. If the permittee or any other person or domestic animal receives a bite, scratch or has any other

contact with a mammalian wildlife species where saliva or brain tissue entered an open, fresh wound or

comes in contact with a mucous membrane by entering the eye, mouth, or nose of the exposed person or

animal, the person is considered exposed. For bats, exposure also includes being in the same room with a

bat and not being able to positively rule out exposure (i.e. infant, small child, sleeping adult, unconscious

adult, or senile adult). Do not release any animal involved in a possible human rabies exposure incident. The

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permittee shall provide local county or city animal control officers and public health department personnel

immediate access to any rabies suspect wildlife specimens captured or killed by the permittee under the

authority of this permit, and shall adhere to all guidelines set forth in the Virginia Department of Health

publication “Virginia Guidelines for Rabies Prevention and Control” (see following web link:

https://www.vdh.virginia.gov/content/uploads/sites/12/2016/01/Guidelines_reformatted_kg_9_17.pdf

4. Wildlife confinement and transport: All wildlife temporarily possessed or transported pursuant to section

I.E.1. must be securely confined to prevent injury or exposure to the public and other animal species, and

shall be subject to inspection by any conservation police officer or animal control warden. Confined wildlife

must be adequately sheltered to prevent hypothermia or hyperthermia, and provided access to clean, fresh,

potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at

suitable intervals (at least once every twelve [12] hours) to maintain normal body tissue hydration. To

minimize disease potential, cages used for transporting or holding raccoons should not be utilized for other

species. Special requirement: All equipment (e.g., cage traps and carriers) used to capture or transport

rabbits (applies statewide) or foxes originating from the E. multi zone (see definition in section E.3.E) must

be properly disinfected after each use (see disinfection definition in section E.3.D). If interacting with

domestic rabbits after handling wild cottontails (and vice versa), a shower and change of clothes between

interactions is strongly recommended.

This permit does not authorize the permittee to transport wildlife into the Commonwealth of Virginia from

other states and wildlife captured under the authority of this permit may not be transported out of the

Commonwealth of Virginia.

5. Non-permitted wildlife capture: Any non-permitted wildlife incidentally captured shall be immediately

released at the site of capture, and any non-permitted wildlife incidentally killed shall be reported to a

Department of Wildlife Resources Conservation Police Officer within twenty-four (24) hours.

G. WILDLIFE DISPOSAL: The legal disposition of wildlife taken under the authority of these permit conditions,

their carcasses, parts, products, or progeny thereof, shall be as follows:

1. Release: Captured wildlife removed from the interior of a building or dwelling may be released upon the

curtilage of such property (see definition in section I.E.3.B) with landowner permission, unless humanely

dispatched. Captured wildlife, not dispatched, must be released within 48-hours of capture and may not be

translocated for release off-site (except for snakes, see below). Proper PPE (see definition in section E.3.C)

must be worn when handling animals that are released.

2. Exception: Snakes may be translocated from the original property and released at another location under the

following conditions:

a. The release site must be in suitable habitat within the same city/county or an adjacent city/county.

Snakes may only be released in an adjacent city/county if the species has been previously documented

there. See the following link for the most current snake distribution information:

https://www.virginiaherpetologicalsociety.com/reptiles/snakes/snakes_of_virginia.html

b. The permittee must have written permission of the recipient landowner at the release site.

c. Snakes that show any visible indication of disease, recent injury, or other health concerns may not be

released.

3. Humane Dispatch: Captured wildlife that are not released as specified section I.G.1. above or transported for

rehabilitation as specified in section I.G.4. below, must be respectfully dispatched, within forty-eight (48)-

hours if captured alive and temporarily possessed, by using a method of humane dispatch recommended in

the National Wildlife Control Training Program publication “Virginia Wildlife Control Training and Wildlife

Species Damage Management Information Manual” (Module 11). Drowning is considered an unacceptable

form of dispatch for all non-aquatic wild animals and may not be used for these species. Respectfully

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dispatched is defined as humanely putting the animal to death without public spectacle. Permittees are not

authorized to dispatch domestic companion animals, which include feral cats and dogs.

4. Rehabilitation: Captured wildlife that are injured, sick or orphaned and were not dispatched must be delivered

by the permittee, within forty-eight (48) hours of capture, to an individual or organization possessing a

category II or III wildlife rehabilitation permit issued by the Department. Proper PPE (see definition in

section E.3.C) is required for any direct or indirect contact with wildlife being transported to wildlife

rehabilitators.

EXCEPTIONS:

(1) Fox pups captured on or after June 1 that originated from the E. multi zone (see definition in section

E.3.E) may only be transported to permitted wildlife rehabilitators located within the E. multi zone.

There are no restrictions for transport of fox pups captured before June 1.

(2) Injured or sick adult foxes originating from the E. multi zone, regardless of date of capture, may only

be transported to wildlife rehabilitators within the E. multi zone.

5. Fur, pelt, and carcass salvage: The furs, pelts, or any parts of any wildlife taken under this permit may not

be bought, sold, traded or exchanged, nor reduced to personal possession, except fur-bearing species taken by

legal hunting and trapping methods by licensed hunters or trappers during the legal hunting or trapping

season, respectively.

6. Carcass disposal: The carcasses of wildlife that are taken outside of the legal furbearer hunting or trapping

season, as well as the carcasses of furbearers not salvaged by licensed hunters or trappers during the legal

furbearer hunting or trapping season, must be disposed of in accordance with state and local laws (burial,

incineration, etc.). Special condition: Carcasses of cottontail rabbits from anywhere in the state and all

carcasses of foxes originating from the E. multi zone (see definition in section E.3.E) must be buried at least

two (2) feet deep, incinerated, or double-bagged for disposal in a landfill.

II. PERMIT POSSESSION, RECORD KEEPING, ANNUAL REPORTS, AND PERMIT

RENEWAL, SUSPENSION, AND REVOCATION

A. Permit in possession: The Commercial Nuisance Animal Permit shall be in the possession of the permittee

while engaging in activities authorized under the conditions of the permit, and shall be made available for

inspection by law enforcement officers when requested.

B. Record keeping: The permittee shall maintain records of all activities relating to wildlife conflict

management performed under the authority of the permit, including: the complainant’s name, address and

telephone number; the dates, times, and location (county or city, distance and direction from nearest road

intersection or other landmark) of service; the species of wildlife and the damage or safety issue of concern;

the number and species of animals captured, and the disposition of the animals. Such records shall be retained

for three (3) years, and shall be open to inspection by a representative of the Department during normal

business hours.

C. Annual reports: The permittee will submit by January 10 of each year, on paper or electronic forms provided

by the Department, a report of all activities relating to wildlife conflict management performed under the

authority of the permit. Failure to submit the Annual Report will result in the immediate cancellation,

revocation or suspension of the permit.

D. Renewals: It is the responsibility of the permittee to initiate renewal of the permit at least thirty (30) days

prior to the expiration date. Renewal applicants must demonstrate continuing knowledge, skill, and

proficiency in wildlife conflict management as described in section I.F.

Renewal extension: Pursuant to 4 VAC 15-30-7 of the Virginia Administrative Code, if issuance of a permit

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renewal has been delayed past the expiration date of the permittee's previous permit at no fault of the

applicant, the permittee may continue the specific activities authorized by the expired permit until the

Department has acted on such person's application for renewal. To qualify for this allowance, applicants

must submit a completed renewal application to the Department at least thirty (30) days prior to the

expiration date of the permit. The Department may deny renewal of a permit to any applicant who fails to

meet the issuance criteria set forth in the Commercial Nuisance Animal Permit Conditions.

E. Change of Address: The permittee must notify the VDWR Permits Section within no more than seven (7)

days of any change of name, address, phone number, or e-mail address.

F. Permit Issuance, Denial, Suspension, or Revocation: Issuance of all permits is at the direction of the

Executive Director. The Executive Director or his/her designee may deny, suspend, or revoke any permit, by

written notification to the principal applicant or permittee. The notification will state the reasons for the

decision, and/or contain a description of the evidence which was relied upon by the issuing designee. The

notification will provide information concerning the right to appeal, the official to whom an appeal may be

addressed, and the procedures for making an appeal. Denial, suspension, or revocation maybe based on any

of the following grounds:

1. Any incomplete or inaccurate completion of the application forms; or unauthorized, inadequate,

unsubstantiated, or false justification for the requested permit.

2. Failure to provide or provisioning of false or incomplete information, in subsequent reports submitted in

compliance with permit terms and conditions.

3. Use of unapproved or improperly executed sampling methods or techniques.

4. Conviction of any criminal act in connection with state or federal wildlife laws or regulations relating to

the permit being sought.

5. Non-compliance with the terms, requirements, or limitations of the issued permit.

6. Failure to comply with any provision of a signed Corrective Action Plan.

7. Any other act or omission constituting a violation of state wildlife laws or regulations applicable to the

permitted or to-be-permitted activity.

Such denial, suspension, or revocation shall remain in effect until the Permittee documents compliance with the

terms and conditions of any applicable permits, completes any remediation or mitigation required to address such

violations, and serves any applicable suspension/revocation term. Determination of compliance with these

requirements is at the sole discretion of the Executive Director of his/her designee.

III. CODE OF ETHICS

The permittee shall abide by the Commercial Nuisance Animal permittee code of ethics as follows:

CODE OF ETHICS

1) The Commercial Nuisance Animal permittee must abide by all local, state, and federal laws and

regulations pertaining to wildlife conflict management.

2) The Commercial Nuisance Animal permittee should ascribe to a professional code of conduct that

embodies the traits of honesty, sincerity, and dedication.

3) The Commercial Nuisance Animal permittee should show exceptionally high levels of concern and respect

for people, property, and wildlife.

4) The Commercial Nuisance Animal permittee should promote the understanding of, and appreciation for,

the numerous values of wildlife and biological diversity, as well as an appreciation for the economic and

health concerns of humans adversely affected by wildlife activity.

5) The Commercial Nuisance Animal permittee should be sensitive to various viewpoints on wildlife conflict

management.

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6) The Commercial Nuisance Animal permittee should provide expertise on managing wildlife conflict to all

people upon request, and should provide information from organizations and agencies that provide

expertise on preventing and alleviating conflicts with wildlife.

7) The Commercial Nuisance Animal permittee should promote competence and present an image worthy of

the profession by supporting high standards of education, employment, and performance.

8) The Commercial Nuisance Animal permittee should strive to broaden their knowledge, skills, and abilities

to advance the practice of wildlife conflict management.

9) The Commercial Nuisance Animal permittee should require good-faith efforts of clients, co-workers, and

themselves in resolving wildlife conflicts with the most humane, selective, practical, and effective

management techniques available.

10) The Commercial Nuisance Animal permittee should encourage, through word and through deed, all

wildlife conflict control professionals to adhere to this code.

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VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES

COMMERCIAL NUISANCE ANIMAL PERMIT ANNUAL REPORT

Summary for January 1

through December 31

Due January 10, Annually

NAME: VDWR PERMIT #

ADDRESS: PERMIT YEAR REPORTED

DATE

Species Common Name

(Please be specific)

# Captured

# Humanely

Dispatched

# Released

On-Site

# Relocated

(Squirrels Only)

NOTE: Please indicate “None” and sign if you did not trap any nuisance wildlife during this permit year.

Permittees are still responsible for maintaining detailed records of all activities relating to wildlife conflict management

performed under the authority of this permit that include complainant’s name, address, and telephone number; the dates,

times, and place (county or city, precise location) of service; species of wildlife and damage/safety issue, number and species

captured, and disposition of animals. Such records shall be retained for three years and shall be open to inspection by a

representative of the Department during normal business hours.

SIGNATURE: DATE:

RETURN TO: Virginia Department of Wildlife Resources, Permits Section, P. O. Box 3337, Henrico, VA 23228