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November 15, 2001 Dear Member, It is my pleasure to update the Association's website with the addition of a new feature we are calling "Know The Law". All persons engaged in the handling of nuisance wildlife have a responsibility to be aware of the laws governing their actions. Ignorance of the law is seldom accepted as a legal defense when one has been charged with a violation. Members of the California and/or National NWCO Associations have agreed to assume the additional ethical responsibility of adhering to all laws regulating their profession. In keeping with this sense of responsibility, the CNWCOA Professional Standards Committee has begun a program that will seek written information regarding selected laws, regulations and wildlife policies from authoritative spokespersons within local, state and federal regulatory agencies. A "Q & A" format will be used as we publish our most salient questions followed by the authority's answers. Each request for information will contain a set of questions on a single subject. Subsequent requests for information will be directed to different agencies until all of the regulatory agencies have been contacted. Our intention is to not overburden any one agency or to make anyone feel targeted by our Association. This procedure should provide NWCOs and enforcement personnel with a broad perspective on the various interpretations, meanings and understandings held by those responsible for regulating our industry. During the past three years, I have been asked to explain or to interpret many different sections of the regulatory codes. I have found this to be a confusing and frustrating task as I have learned that legal interpretations can vary as a function of time, locale, personality and circumstance. The answer you get today may be different than the one you got last year. The answer you receive from one regional officer can be profoundly different from the one provided by another regional officre. Officer X can disagree with Officer Y and it might be perilous to conclude that a law that applies in situation A will also apply in situation B. Spoken opinions usually fail to meet the test of time. We don't expect our new web page to overcome all of these problems in the system, but having the rules articulated by knowledgible and authoritative agency representatives and then posting their rulings for everyone to see has got to be an improvement. The first set of questions on the subject of "Bird Work On Buildings" has already been sent to the Licensing and Certification Division of the California Department of Pesticide Regulation and we are anticipating their response in the near future. A second set of questions on the "Proper Handling Of Trapped Nuisance Wildlife" has been sent to the Chief of the Wildlife Protection Division in the California Department of Fish and Game. This inquiry asks for clarification on issues relating to the Department's animal relocation and euthanasia policies. A third set of questions will be directed to a different agency on a different subject. The "Know The Law" web page will be laid out in terms of past, present and future sections. Q&A's previously posted will be placed into an archive section where they can be retrieved and reviewed. The "present" section will list each question posed to the respondent followed by the answer provided. The "future" section will identify the agency and person to be contacted and the wildlife control subject chosen by the Committee. California NWCOs are invited to submit their nuisance wildlife or animal damage control questions and to help us identify the agency and/or authoritative person they wish to have answer their question. Suggestions sent in should be on a subject different than the first two already selected. The Professional Standards Committee will make the final selection of questions posed to the third agency chosen. Questions and nominations of agencies and nuisance wildlife control subjects should be emailed to me at: merrifield@ca-wco.org. I will arrange and duplicate the submissions and distribute them to members of the Committee. I urge all NWCOs in California to participate in this program of professional development. We should " know the law" and be able to discuss it with those who don't. We should stop perpetuating the spread of misinformation, half-truths and outright lies. Let's get the info we need from those authorized to establish wildlife policy and interpret existing laws and regulations. Come on now! What do you need to know?
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