The legal stuff
 By Bill Kern

 One major problem dealing with vertebrates is the complex and overlapping regulations dealing with native wildlife species in Florida.  The laws governing pest control in Florida (Florida Statues 482) view vertebrate pests independently of other Florida Laws.

  “482.021  Definitions

(21)  “Pest control” includes:

 (c)  The use of any pesticide, economic poison, or mechanical device for preventing, controlling, eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing insects, vermin, rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental;

(23)  “Rodent” means a rat, mouse, squirrel, or flying squirrel or other animal of the order Rodentia, including a bat, which may become a pest in, on, or under a structure.”

This would seem to indicate that your pest control license allows you to control native rats and mice, squirrels, bats, and pest birds in addition to Norway rats, roof rats, and house mice.  You are almost correct.  The Florida Department of Agriculture and Consumer Services inspectors would not issue you a citation for doing this, but the Florida Fish and Wildlife Conservation Commission and the United States Fish & Wildlife Service could.  You see, the Florida Constitution gives all authority for managing and protecting native wildlife to the FF&WCC.  Here are some regulations that you need to be aware of:

 “68A-4.001 , F.A.C.

 GENERAL PROHIBITIONS.

            (1) No wildlife or freshwater fish or their nests, eggs, young, homes or dens shall be taken, transported, stored, served, bought, sold, or possessed in any manner or quantity at any time except as specifically permitted by these rules nor shall anyone take, poison, store, buy, sell, possess or wantonly or willfully waste the same except as specifically permitted by these rules. (Taken means captured or killed.)

            (2) The use of gasoline or any other chemical or gaseous substances to drive wildlife from their retreats is prohibited.

68A-12.002, F.A.C.

            (9) The taking of non-protected mammals or non-protected birds is not restricted to the methods of taking or prohibitions included herein except as provided in Rule 68A-24.002, F.A.C.

            (a) Non-protected mammals

are Armadillo, Black rat, Norway rat, and House mouse.

            (b) Non-protected birds are English sparrow and European Starling.

68A-12.009 F.A.C.

KILLING DESTRUCTIVE BIRDS AND MAMMALS

            (1) The prohibitions contained in Chapters 68A-12 and 68A-24, F.A.C., shall not prevent persons from killing destructive mammals except deer or bear on their own property by means other than gun and light, steel traps or poison, provided that they may be killed only within the immediate locality where damage is occurring.

            (4) The use of a gun and light at night, poison, steel traps, or other traps may be authorized by permit issued by the executive director for the purpose of killing destructive birds or mammals.

            (6) Destructive or nuisance wildlife may be taken on another’s property by any person or entity only at the property owner’s request and if authorized by a permit issued by the executive director, except that family members of or persons with an employee-employer relationship with the property owner, may do so without such permit as provided in subsection 68A-12.009(1), F.A.C.”

These rules protect all Florida native wildlife species unless they are causing damage.  Then property owners can control them by any legal means except by the use of steel traps, poisons, or using a gun and light (spot light, flash light, vehicle head lights, etc.).  These rules also allow people to get special permits to use these prohibited methods for very specific situations.  As Florida becomes increasingly urbanized, fewer people know how to deal with nuisance wildlife problems. For this reason, F.A.C. 68A-12.009 (6) established the permitting process to allow Nuisance Wildlife Trappers to trap, shoot, or exclude most nuisance native mammals for their customers.  Most native birds are still protected by Federal laws and International treaties.  Additional permits from the U.S. Fish and Wildlife Service are needed to capture or kill almost all native birds. 

The take-home messages from all of this lawyer speak is;

            • YOU NEED A NUISANCE WILDLIFE TRAPPER PERMIT IF YOU TRAP OR REMOVE ANY NATIVE MAMMAL SPECIES FROM SOMEONE ELSE’S PROPERTY even if you have a Certified Operators License.  This includes all bats, squirrels, raccoons, opossums, foxes, skunks, et cetera.  This also includes Florida native rats and mice, if you follow the letter of the law.

            • YOU CAN’T USE ANY POISONS ON NATIVE WILDLIFE IN FLORIDA WITHOUT A POISON PERMIT FROM THE FF&WCC EXECUTIVE DIRECTOR.  These native mammal species include moles and pocket gophers.  Mole and pocket gopher toxicants require a FF&WCC wildlife poison permit for anyone to legally use them in Florida, including homeowners.

            • THE ONLY TRAPS YOU CAN USE ON NATIVE FLORIDA WILDLIFE ARE LIVE TRAPS, SNARES, AND SPECIALTY TRAPS USED IN THE GROUND FOR MOLES AND POCKET GOPHERS.  The use of steel traps, such as leg-hold types and body-gripping traps, in Florida requires a Steel Trap Permit from the FF&WCC

Cutline: Steel traps whose use requires a Steel Trap Permit vs. mole and pocket gopher traps that do not require any special permits beyond the Nuisance Wildlife Trapper’s Permit.