PROPER LICENSURE OF WILDLIFE CONTROL OPERATORS

For the past ten years, I have tried to understand the state’s occupational licensing laws and to determine which licenses are needed by WCOs.  The California Nuisance Wildlife Control Operators Association (CNWCOA) has sponsored continuing education training sessions in which spokespersons from the various regulatory agencies stated the licensing requirement from their respective points of view. Now, after years of informational input and a lengthy lawsuit, its time for CNWCOA to state its position on this issue.

The occupational license one needs to perform nuisance wildlife control, vertebrate pest control or animal damage control depends on the nature of the work and the location where the work is to be performed. The application of pesticides to control rats in a home or building requires a Branch 2 Structural Pest Control License whereas the application of the same pesticide to control rats in a field would require a Qualified Applicators License authorized under a Pest Control Business License issued by the Department of Pesticide Regulation.

According to the DPR, you must possess a valid Qualified Applicators License (QAL) if you supervise the use of federally restricted use pesticides and/or state restricted materials for any purpose or on any property other than that provided by the definition of “private applicator” provided in Chapter 3 of the California Code of Regulations, Section 6000.2 [a-c]. You must also posess a valid QAL if you supervise the pesticide applications made by a licensed pest control business, and are responsible for its safe and legal operation.

Those WCOs who are licensed to apply pesticides must register their Branch 2 Structural licenses or their QALs with the Agricultural Commissioners in every county where their work is performed.  In addition, WCOs possessing the structural or agricultural pest control licenses must complete the state’s continuing education requirements in order to qualify for bi-annual re-licensure.

If the target species to be trapped and removed is classified as a nongame or furbearing mammal, the WCO must possess a Trapping License issued by the Department of Fish and Game. Although they are classified as nongame mammals, the trapping of rats, mice, gophers, moles and voles does not require DFG licensure.

A C61/D64 Limited Specialty Contractors License is required to perform any animal damage control work on a structure to exclude pest animals or repair damage when the cost of the work exceeds five hundred dollars ($500) for materials plus labor.  A current contractor’s bond is required for each licensee.

The contractors license authorizes every employee of a WCO company to perform the work specified in the C61/D64 license; however, the Branch 2 structural, the QAL agricultural and the DFG trapping  license are all individual licenses not company licenses, e.g. every person who traps must have a trapping license, every person who applies pesticides must have an applicator’s license, but not every person who rodent-proofs a house needs to be licensed so long as his employer is properly licensed by the Contractors State License Board.

In those jobs where no pesticides are involved, no trapping of non-exempted nongame or furbearing mammals is undertaken, and the animal exclusion work is done for less than $500, no other occupational license is needed.

Section 8555(g) provides an exemption from the Structural Pest Control Act for those WCOs who do not use pesticides and who maintain liability insurance as described in Section 8692 of this code.  Members of the CNWCOA are further exempted from the Section 8555(g) requirement by a federal court order when employing non-pesticide methods in the control of rats, mice and pigeons provided the liability insurance requirement is satisfied.

The licensing requirements just described in the previous section applies to most situations encountered by WCOs, but there are other instances where other licenses or permits are needed, e.g. the control of birds not specifically exempted by the Migratory Bird Act, the control of endangered species regulated by the Endangered Species Act or the control of game or protected mammals regulated in the Fish and Game Code.

Alan Merrifield, President CNWCOA

As always, when in doubt, WCOs should contact the governmental agency before proceeding with the control work, but to be safe, they should always secure the specific official authorization in writing since oral authorations sometimes fade away and disappear just when they are needed most. Aside from the state’s occupational licensing requirements, WCOs should make certain their business obtains the local business licenses required by the cities and towns where their work is to be performed.

 

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