Substitute Senate Bill No. 412
          Substitute Senate Bill No. 412

              PUBLIC ACT NO. 98-199


AN ACT CONCERNING CONTROL OF NUISANCE WILDLIFE.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section   26-47  of  the  general
statutes, as amended  by  public  act  97-255,  is
repealed and the  following is substituted in lieu
thereof:
    (a) When it  is  shown  to the satisfaction of
the   commissioner  that   wildlife   is   causing
unreasonable damage to  agricultural  crops during
the night and it is found by the commissioner that
control   of   such    damage   by   wildlife   is
impracticable  during  the   daylight  hours,  the
commissioner may issue  permits  for the taking of
such wildlife as  he  deems  necessary  to control
such  damage by  such  method  as  he  determines,
including the use  of  lights,  during  the period
between   sunset   and   sunrise,   upon   written
application of the  owner  or  lessee of record of
the land on  which  such  crops  are  grown.  Such
permits may be  issued  to  any  qualified  person
designated by such landowner or lessee. The person
to  whom such  permit  is  issued  shall  be  held
responsible  for  complying  with  the  conditions
under which such  permit is issued. The provisions
of this section shall not apply to deer.
    (b) (1) No person shall engage in the business
of controlling nuisance  wildlife, other than rats
or mice, without  obtaining  a  license  from  the
commissioner. Such license  shall  expire  on  the
last day of December next succeeding its issuance.
The fee for  such  license shall be fifty dollars.
The  controlling  of   nuisance  wildlife  at  the
direction of the commissioner shall not constitute
engaging in the  business  of controlling nuisance
wildlife for the  purposes  of  this  section.  No
person shall be  licensed  under  this  subsection
unless he provides  evidence,  satisfactory to the
commissioner, that he has completed training which
included instruction in  site  evaluation, methods
of NONLETHAL AND  approved  lethal  resolution  of
common nuisance wildlife  problems,  techniques to
prevent reoccurrence of  such  problems and humane
capture,  handling  and   euthanasia  of  nuisance
wildlife AND INSTRUCTION  IN  METHODS OF NONLETHAL
RESOLUTION OF COMMON  NUISANCE  WILDLIFE PROBLEMS,
INCLUDING, BUT NOT  LIMITED TO, TRAINING REGARDING
FRIGHTENING  DEVICES,  REPELLANTS,   ONE-WAY  DOOR
EXCLUSION  AND OTHER  EXCLUSION  METHODS,  HABITAT
MODIFICATION AND LIVE-TRAPPING  AND  RELEASING AND
OTHER  METHODS  AS   THE   COMMISSIONER  MAY  DEEM
APPROPRIATE.   The   commissioner    shall   adopt
regulations in accordance  with  the provisions of
chapter 54 which  (A) define the scope and methods
for controlling nuisance  wildlife  provided  such
regulations shall incorporate  the recommendations
of the 1993  report  of  the  American  Veterinary
Medical  Association  panel   on   euthanasia  and
further provided such  regulations may provide for
the  use  of   specific   alternatives   to   such
recommendations  only in  specified  circumstances
where use of  a method of killing approved by such
association would involve  an  imminent  threat to
human  health  or   safety   and   only   if  such
alternatives are designed  to  kill  the animal as
quickly  and  painlessly   as   practicable  while
protecting  human  health   and  safety,  and  (B)
establish criteria and  procedures for issuance of
a license.
    (2)   Except   as    otherwise   provided   in
regulations adopted under  this section, no person
licensed under this subsection may kill any animal
by  any method  which  does  not  conform  to  the
recommendations of the 1993 report of the American
Veterinary    Medical   Association    panel    on
euthanasia. No person  may  advertise any services
relating  to  humane   capture  or  relocation  of
wildlife  unless  all  methods  employed  in  such
services conform to such regulations.
    (3) Any person  licensed under this subsection
shall provide [a  prospective  client] ALL CLIENTS
with  a  written   statement   APPROVED   BY   THE
COMMISSIONER   regarding   approved   lethal   AND
NONLETHAL options, AS PROVIDED IN THIS SUBSECTION,
WHICH ARE available  to  the client for resolution
of  [the]  COMMON   nuisance   [problem  prior  to
providing  nuisance  wildlife   control  services]
PROBLEMS.  IF  A   WRITTEN   STATEMENT  CANNOT  BE
DELIVERED TO THE  CLIENT  PRIOR  TO SERVICES BEING
RENDERED, THE LICENSEE  SHALL  LEAVE THE STATEMENT
AT THE JOB  SITE  OR  OTHER LOCATION ARRANGED WITH
THE CLIENT.
    (4) On or  before February first of each year,
each person licensed  under  this subsection shall
submit  a  report   to   the   commissioner  which
specifies  the means  utilized  in  each  case  of
nuisance wildlife control  service provided in the
preceding calendar year  including any method used
in those cases  where  an  animal  was killed. Any
information   included  in   such   report   which
identifies a client of such person or the client's
street address may be released by the commissioner
only  pursuant  to  an  investigation  related  to
enforcement of this section.
    (c) Any person  who  violates any provision of
this  section, or  any  condition  under  which  a
permit or license  is  issued,  shall be fined not
less than twenty-five  dollars  nor  more than two
hundred dollars or  be  imprisoned  not  more than
sixty days or  be  both  fined and imprisoned; and
any permit or  license  issued to such person, and
all other such  permits  or licenses issued to any
other person for  such  property, shall be revoked
by the commissioner  and  the right to obtain such
permit or license  shall remain suspended for such
period of time as the commissioner determines.
    (d) Any permit  or  license  issued under this
section shall not authorize the taking of deer.
    Sec. 2. This  act  shall  take  effect July 1,
1998.

Approved June 8, 1998