Varmint Control

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a_n_o_n

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Hi.

I've been trying to get some info regarding the following situation.

We have several yellow-bellied marmots (1 - 3, hard to say) who have been causing damage to structure and property (actual material property, not just tearing up the lawn) on private property. Is it legal to cull them? Would it be legal to use a .22LR for this purpose? Would it need to be the property owner or could it an agent on their behalf?

I have been going through the Wildlife act but if someone actually knows and could direct me that'd be great. If this thread belongs in the legaleese section, please feel free to move it there.

Thanks.

Note : This is not on Vancouver Island, I am aware of the endangered status of their marmots.
 
Wild life act says you can get rid of nuisances animals.

Paraphrase...

Protection of Property from Nuisance Animals

What are nuisance animals?
Nuisance animals are animals on your own land that you believe are damaging or are about to damage your property. More than the mere presence of an animal is required for the protection of property provisions to apply. The new Act sets out specific ways of, and conditions for, dealing with nuisance animals.

Dealing with nuisance animals yourself
On your own land, you generally may capture, kill or harass wildlife to stop the wildlife from damaging your property. However, there are some exceptions:

You may not capture, kill or harass a moose, caribou or elk.
You may not capture, kill or harass a white-tailed deer, unless you are in possession of a Deer Removal Permit issued by MNR.
You may not damage or destroy the dens of furbearing mammals unless you are a licensed trapper. This rule does not apply to the dens of foxes or skunks.
You may not destroy or take the nests of eggs of wild birds, except for American crows, brown-headed cowbirds, common grackles, house sparrows, red-winged blackbirds or starlings.
You may not capture, kill or harass endangered species.
You may not cause unnecessary suffering to any wildlife.
 
These animals are listed in Schedule B. That said, the land is not my personal property but I have been asked by the landowner to deal with them.

Do you have a link? I'll try and find the actual statues regarding protection of property.
 
BC is a little different.

Steps to Manage Nuisance Wildlife

(Permit type 2(b)(i) crop protection or 2(b)(ii) controlling wildlife populations – Applicable fee $55)

Authorizing a resident to hunt, trap or kill wildlife on his or her own property during the open or closed season, for the purposes of

Ensure that the following information is on the General Permit Application [PDF 41KB]:

Street address and/or legal description of property where activity will take place
Number of individual animals to be hunted, trapped or killed
Hunting and/or trapping methods to be used
Preventative measures currently in place to deter wildlife
Compelling reasons as to why this permit is required
Documentation to be attached to application:
Reporting requirements (if applicable)

On property other than your own, for management of problem wildlife

(Permit type 2(c)(iii) – Applicable fee $110)

List of nuisance wildlife to be hunted, trapped or killed
Location (specific) in which activity will occur
Professional qualifications of all staff/employees/contractors involved
Hunting / trapping methods proposed
Disposition of wildlife trapped/killed
Documentation to be attached to application:
Reporting requirements (if applicable)

Visa/Mastercard Payment Authorization Form [PDF 61KB]

Questions regarding permit requirements that are not addressed within these pages or for contact information visit: Permit and Authorization Service Bureau.
Click to expand...
 
So even the owner would need a permit it seems? Do you have a link for these?

Does it matter that I have a valid hunting license or that these animals are in Schedule B?

Ugh, the amount of headache a couple marmots cause :p
 
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http://www.env.gov.bc.ca/pasb/applications/process/wildlife.html

Man, you guys have regulations all over the place

Exemption from sections 11, 17 (7) (b) and (8), 26 (1) (c), 27 (4), 29 and 35 (2) (b) of the Act

2 (1) A person is exempted from sections 11, 17 (7) (b) and (8), 26 (1) (c), 27 (4), 29 and 35 (2) (b) of the Wildlife Act where wildlife listed in Schedule B or C is killed

(a) by that person for the protection of that person's property, or

(b) by the person on property owned or occupied by that person or the spouse, parent, guardian, or child of that person.

(2) Subsection (1) does not apply with respect to Lepus americanus — snowshoe hare in Region 2 as defined in section 3 of B.C. Reg. 190/84, the Hunting Regulation.

[am. B.C. Reg. 253/2000, App. 2, s. 1.
Exemption from sections 11 (8), 33, 37, 44 and 77 (2) and (3) of the Act

3 (1) A person is exempted from sections 11 (8), 33, 37, 44 and 77 (2) and (3) of the Wildlife Act and is authorized to use a trap, other than a leg-hold trap, for wildlife listed in Schedules B and C on land owned or occupied by the person, or with the permission of the owner or occupier of private land, where wildlife, transported and released on Crown land or on that person's private property, is possessed for not more than 24 hours and is taken a distance no greater than 10 kilometres from where the animal was trapped unless a further distance is specified by an officer.

(2) Subsection (1) does not apply where the person releases the wildlife

(a) at a distance greater than one kilometre from the site of its capture in M.U.s 1-1 to 1-13 on Vancouver Island, or

(b) on an island in any body of water in the province, other than the island on which the wildlife was captured

unless the person has prior approval of an officer.

(3) Subsection (1) does not apply with respect to Lepus americanus — snowshoe hare in Region 2 as defined in section 3 of B.C. Reg. 190/84, the Hunting Regulation.

[am. B.C. Regs. 5/96, s. 1; 253/2000, App. 2, s. 2.]
Requirement to kill injured wildlife

4 If a person injures wildlife listed in Schedule B or C, the person must kill that wildlife.

[en. B.C. Reg. 253/2000, App. 2, s. 3.]
Click to expand...

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/13_168_90#section2
 
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Just as a follow up :

Got in touch with a conservation officer who was very clear that these animals are not protected in my area and may be destroyed if they are damaging property. Bylaws were checked and the location was determined to be outside the firearm controlled area, so a firearm may be discharged. Will be dealing with them soon, and will keep a copy of the emails and bylaw map on me, just in case ;)

Not sure what S.S.S means, sorry.
 
Sure is... but given the ever present risk of nosy neighbors and my cautious nature, I wanted to make sure everything was on the up and up.

As it happens I just got an email back from MoE reaffirming that lethal control is a recognized and viable short term control, no permit required.

Kind of exciting to be honest, first time I've gone after anything other than paper.
 
yomomma said:
If you are not the land owner or a licensed agent you are sol
Click to expand...

Why do folks from Ontario comment on BC law.

I shoot Marmots on my friends ranch, all you need is permission, and make sure you follow all other rules (Buildings, roadways, etc, PAL, etc)
I use a .222, but if you can get close and make a clean, quick kill with a .22, go for it. Centrefire rules apply to larger game.
PS: There aren't only three, I'm sure of that. :D
 
If you would have cared to read a little further I went on to say that your laws are different. Why dont you guys in BC read the whole thread? Smoking to much dope?????

ElkMasterC said:
Why do folks from Ontario comment on BC law.

I shoot Marmots on my friends ranch, all you need is permission, and make sure you follow all other rules (Buildings, roadways, etc, PAL, etc)
I use a .222, but if you can get close and make a clean, quick kill with a .22, go for it. Centrefire rules apply to larger game.
PS: There aren't only three, I'm sure of that. :D
Click to expand...
 
Well it was good of him to respond at least, regardless of where he was from. I was going nuts combing through the various acts and he was kind of enough to look through them with/for me. There are certainly some misleading bits in there, as we discovered. My situation is slightly more complicated than blasting them on buddy's ranch, unfortunately. We look good to go though!

Regarding the range, I have a 10/22 that we will be using for engagement at about 30 yards, with a carefully prepared concrete backstop. We will be using 36 grain HP, and having been practicing at the range I can attest that there will be no issues with accuracy at that distance. It will be efficient and humane, promise.
 
i have killed many a marmot with a .22 when i was about 10 i was given a single shot.22 and told id get $.25 for a gofer and $1 a marmot and spent many a happy summer running around the farm :)
 
It is excellent advice, but I am close enough that people will be able to hear the report of my .22 and will possibly complain; as such I needed to check that it was both legal to discharge firearms in the area (it is) and that the animals we are culling are legal (they are).
 
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