Following is the new Ohio Revised Code Section regarding WCOs in Ohio.

It is going to the House for reconciliation and expected to be passed and signed by Governor Kasich.

Sec. 1531.40. (A) As used in this section:

(1) "Nuisance wild animal" means a wild animal that interferes with the use or enjoyment of property, is causing a threat to public safety, or may cause damage or harm to a structure, property, or person.

(2) "Commercial nuisance wild animal control operator" means an individual or business that provides nuisance wild animal removal or control services for hire to the owner, the operator, or the owner's or operator's authorized agent of property or a structure.

(B)(1) No person shall provide nuisance wild animal removal or control services for hire without obtaining a license under this section from the chief of the division of wildlife.

(2) An applicant shall pay a license fee of forty dollars for the license. The license shall be renewed annually prior to the first day of March and shall expire on the last day of February. All money collected under this division shall be deposited in the state treasury to the credit of the wildlife fund created in section 1531.17 of the Revised Code.

(3) An individual who is providing nuisance wild animal removal or control services for hire under a license issued under this section is exempt from obtaining a hunting license under section 1533.10 of the Revised Code, a fur taker permit under section 1533.111 of the Revised Code, or a fishing license under section 1533.32 of the Revised Code for the purposes of performing those services.

(4) An individual who is employed by the state, a county, or a municipal corporation and who performs nuisance wild animal removal or control services on land that is owned by the state, county, or municipal corporation, as applicable, as part of the individual's employment is exempt from obtaining a license under this section.

(C)(1) Unless otherwise specified by division rule, a commercial nuisance wild animal control operator and any individual who is employed by an operator that is engaged in activities that are part of or related to the removal or control of nuisance wild animals, including setting or maintaining traps, shall obtain a certification of completion of a course of instruction that complies with rules adopted under division (F) of this section. A certification shall be renewed every three years.

(2) An individual who provides nuisance wild animal removal or control services under a license issued under this section shall comply with division (C)(1) of this section.

(D) An operator that holds a license issued under this section is responsible for the acts of each of the operator's employees in the removal or control of a nuisance wild animal.

(E) If an individual who is licensed under this section uses a pesticide in the removal or control of a nuisance wild animal, the individual shall obtain the appropriate license under Chapter 921. of the Revised Code.

(F) The chief shall adopt rules under section 1531.10 of the Revised Code establishing all of the following:

(1) Appropriate methods for trapping, capturing, removing, relocating, and controlling nuisance wild animals by operators licensed under this section;

(2) Procedures for issuing, denying, suspending, and revoking a license under this section;

(3) Requirements governing the certification course required by division (C)(1) of this section. The rules shall specify the minimum contents of such a course, including public safety and health, animal life history, the use of nuisance wild animal removal and control devices, and the laws and rules governing those activities. The rules also shall specify who may conduct such a course. The rules shall require that, in order for an operator to receive a certification of completion, the operator shall pass an examination.

(4) Any other requirements and procedures necessary to administer and enforce this section.

Rules shall be adopted under division (F) of this section only with the approval of the director of natural resources.

(G) In accordance with Chapter 119. of the Revised Code and with rules adopted under this section, the chief may suspend or revoke a license issued under this section if the chief finds that the holder of the license is violating or has violated this chapter, Chapter 1533. of the Revised Code, or rules adopted under those chapters.

For those of you with current licenses, they have been extended to allow for time to implement this program.

Hey Dirk, I've read the above and I have mixed emotions, so I've got to ask; how do you feel about this? Some pluses and some minuses?

Yes Paul, there are some things in this that I wuold like to have been different. We were given an ultimatum by the Chairman of the commitee it was in. Basically he said to hash it out in a week or he would do what he thought best and none of the parties (Ohio Division of Wildlife, Ohio Wildlife Control Operators Assn, Ohio Pest Management Assn, or Ohio State Trappers Assn.) would be particularly happy with it.

I personally would have liked this to apply to anyone who offers their services to the Public at large, regardless of a fee being charged.

A lot of the issues we have can be addressed in the Administrative Code and we are currently working with the other interested parties on that.

Is the reading of this supposed to mean that those employed by gov agencies to trap need the instruction course or are they exempt from this as well?

How is USDA wildlife service treated under this law. Are they restricting private guy while giving USDA free range?

As it reads, Governmental Agencies and their employees will need to be licensed also, unless performing services on properties owned by that govermental entity.

Feds can work on federally owned property with no license.
State employees can work on state grounds.
Municipal on city owned properties.
County on properties the county owns.
Township employees on township owned properties.

Just like a maintenance person can work at the property she/he services as an employee of that entity.

The professional staff at our Division of Wildlife had the foresight to check with Andy Montoney, head of Wildlife Services for Ohio. If I remember correctly, they stated that he had no problem with requiring his guys to be licensed to provide for fee services.

By the way, Mr. Montoney will be presenting at the WCT Seminar in Cleveland this January, along with staff from the Ohio Division of Wildlife. It may be a great opportunity for some of you in states that have a more contentious relationship with your Fish & Game Departments or USDA guys to pick their brains and see how we have tried to work together in Ohio to get things done.

Wow that is interesting that you got that included.

Only issue I see with the "Code" is that it requires the "Operators employees" to have passed same test and attain same course as "operators". Real problem when you need someone in a hurry.

That would be a problem...I dont see a lot of part-timers maintaining their license under the new system. I will probably maintain mine as a part-timer unless circumstances change.

The need for a "quick" employee is going to be addressed in the Administrative Code. Something along the lines of "a new employee must complete the training course within X days of hiring and pass the course within Y days of completing course, provided they are working under the supervision of a licensed Commercial Wildlife Control Operator." This should also allow us to make new hires and have a probationary period just to see if they are going to work out, before we go through the educational and testing process.

This procedure is authorized under (F)(2) and (F)(4) of the Revised Code.

The fee established is very reasonable. As is apparent in the Code, you will not need to purchase your consumptive use licenses in order to perform services. So in reality, the cost of running your business just got cheaper.

BTW State Law requires anyone charging a fee (in the state of Ohio) for Widlife Control Services must be registered with the Ohio Department of Taxation, have a Transient Vendors License, and collect and pay Sales Tax, even if you are a "part-time" operator.

I know many part timers are already operating on the edge of legality (not registered, no Vendors license, not collecting sales tax) and really don't expect them to get this license either. Just having the old "Nuisance Trapping Permit" did not allow them to charge a fee for services without complying with the other regulations set forth by the State.

This is not a condemnation of "part-timers" or the way they operate (in some instances). There are areas of the State that will not support fees of any sort, and there are people who need those working on the "edge" or they would not be able to address their problems. This is an observation of real world circumstances and an attempt to educate anyone wanting to avoid confrontation with the authorities who regulate what we do.

Do you have links of where to apply for all the requirements?

Sounds like a copy of the Oregon WCO permit except reports have to be sent in monthly except for unprotected animals. Oregon manual is 92 chapters long and the test is based on this. Then before you can get the permit the district bio must must approve the need for your services. Moles,gophers and unprotected animals require this permit to trap for hire. But, I'm told this has cut down on unlicened operators which makes it better for those who make their living taking care of wildlife problems.

I think on the for hire part, they should of required the business stuff completed before getting the permit anyways. (Especially with a helpful list of codes for filling out those forms)

We will strive to include the business aspects of what we do in the training materials. We thought about including the requirements for conducting business in this, but the Ohio DOW is not tasked with regulating business. The Ohio Constiution tasks the Chief of the ODOW with the welfare of the resource, thus the focus on activities that impact the resource.

To include the Business License registration, and Vendors License requirements would have been redundant to other sections of the Revised Code. Kind of like saying you have to have your dog licensed if you take one with you while working Canada Geese or you must have a driver's license before driving to check the traps too!!! Not quite as extreme as that, but those other licenses are certainly required also, and then where do you stop?

At the request of the Ohio Pest Manageemnt Association, a clause was included about pesticide use. Partially to deliniate the two licenses. A lot of PCOs thought their vertebrate endorsement automatically allowed them to trap and remove "wild animals", which is not the case, and both the ODOW and OPMA (us too) wanted to ensure that there was a clear understanding that the two licenses were separate.

It is my understanding that this law has passed and has been signed by the governor.

If anyone from Ohio (or other states) has any ideas about changes to our regulations, now is the time to speak up. We will be having an informal meeting at the WCT seminar in Cleveland.

I will probalby start a new thread to get feedback on this too.