Legal Considerations for Wildlife Removal in Florida: Understanding State and Federal Protection Laws

Navigating the Complex Legal Landscape of Wildlife Removal in Florida: What Every Property Owner Needs to Know

Florida’s diverse ecosystem is home to countless wildlife species, making it one of the most biodiverse states in the nation. However, when wildlife becomes a nuisance on your property, removing them isn’t as simple as setting a trap or calling any pest control company. As Florida has more endangered and threatened species than any other continental state, the state has established comprehensive legal frameworks that property owners must navigate carefully to avoid serious legal consequences.

Federal Protection Laws: The Foundation of Wildlife Protection

The cornerstone of wildlife protection in Florida begins with federal legislation. The Migratory Bird Treaty Act (MBTA) prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service. This 1918 law covers nearly all native bird species in Florida, making unauthorized removal a federal offense.

A permit is required for take of any state listed species or any bird species protected by the federal Migratory Bird Treaty Act (MBTA). Violations can result in severe penalties, with penalties up to six months in jail and a fine of up to $15,000.

The federal Endangered Species Act (ESA) provides additional protection for threatened and endangered species. The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. In addition to taking a species, delivering, receiving, selling, purchasing, or transporting a threatened or endangered animal species is prohibited without a permit, whether the species is alive or dead. Permits are also required for individual or group activities that involve interfering with a species’ habitat.

Florida State Wildlife Protection Laws

Florida has enacted its own comprehensive wildlife protection statutes that work in conjunction with federal laws. These Florida statutes define endangered and threatened species and provide the State’s intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony.

FWC permits are required to remove any state listed species. Protected fish and wildlife include endangered, threatened or species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) maintains strict oversight of wildlife removal activities throughout the state.

In Florida no person shall take, possess, or sell any Federal or State-designated Endangered or Threatened Species or parts thereof including their nests or eggs except as allowed by specific federal or state permits.

Permit Requirements and Legal Procedures

Understanding when permits are required is crucial for legal wildlife removal. Before removing nuisance wildlife, please visit our Living with Wildlife website for help in understanding the laws protecting wildlife and your options for resolving the problem.

For migratory birds, for non-listed species, active nest removal permits are no longer issued by FWC, however, a federal Migratory Bird Treaty Act permit may be required from the US Fish and Wildlife Service. This means property owners must work directly with federal agencies for bird-related issues.

Wildlife trappers and property owners do not need to notify or obtain FWC authorization to take most destructive or nuisance wildlife from private property. Wildlife trappers must obtain consent from the property owner. However, this only applies to non-protected species.

Professional Wildlife Removal: The Safe and Legal Choice

Given the complexity of wildlife protection laws, working with licensed professionals is often the wisest choice. Companies like ProControl Services, Expert pest control in St. Lucie County, FL. Fast, eco-friendly solutions for rodents, termites & wildlife, understand the intricate legal requirements surrounding wildlife removal.

Have a peace of mind knowing that we are licensed, fully insured and we stand behind all our products and service offered. ProControl Services has been providing Treasure Coast residents and local businesses with dependable pest control solutions since 2006, giving them extensive experience navigating Florida’s wildlife protection laws.

For residents in specific areas like Eden, professional wildlife removal in Eden services ensure compliance with all applicable federal and state regulations while effectively addressing wildlife conflicts.

Consequences of Illegal Wildlife Removal

The penalties for illegal wildlife removal in Florida are severe and can include both criminal and civil consequences. Section 379.411, prohibiting the intentional killing or wounding of any species designated as endangered, threatened, or of special concern… A person who commits a Level Four violation commits a felony of the third degree.

Additionally, Compensation for the death of any animal designated by rule as endangered by the Fish and Wildlife Conservation Commission is $10,000. Compensation for the death of any animal designated by rule as threatened by the Fish and Wildlife Conservation Commission is $5,000.

Best Practices for Property Owners

Before attempting any wildlife removal, property owners should:

  • Identify the species involved and determine its protection status
  • Consult with licensed wildlife removal professionals
  • Explore non-lethal deterrent methods first
  • Ensure all necessary permits are obtained before any removal activities
  • Document all wildlife removal activities as required by law

Although relocation is sometimes necessary, trapping and relocating or killing native wildlife should be a last resort and only when all other proactive measures have failed and an animal meets the nuisance criteria. Removing or killing native wildlife to resolve conflict should be carefully considered and a plan should be in place prior to attempting to trap, with care taken to target the individual animal causing damage.

Working with Licensed Professionals

ProControl Services exemplifies the type of professional service property owners should seek. We hold a licensed and insured company, which we take pride in all of the services we provide are legal and according to the government policies. Also, our experienced workers who are experts in performing all kinds of pest and insect control and wildlife removals.

Their commitment to eliminating all kinds of pests, insects, and wildlife removal with the use of Eco-friendly pesticides demonstrates the type of responsible approach that aligns with Florida’s conservation goals while addressing property owners’ needs.

Understanding Florida’s wildlife protection laws is essential for any property owner dealing with animal conflicts. The complex interplay between federal and state regulations requires careful navigation to avoid serious legal consequences. By working with licensed professionals who understand these requirements, property owners can address wildlife issues effectively while remaining compliant with all applicable laws. Remember, when in doubt, consult with experts who can guide you through the legal requirements and provide safe, effective solutions for your wildlife concerns.