- Jun 21, 2012
- 14
- 0
- 22
Hey all,
Managing predators has proven my most continual and intense challenge since getting chickens last May, so I decided to do some research into the legality of the various predator management options in my locale. This thread is not intended to be legal advice. I merely thought it would interesting to hear about the regulations, or the lack thereof, in the many other places where all us BYC'ers keep birds. Maybe this thread will keep some poor soul out of trouble one day.
As I see my options, in order of least regulated to most regulated, they are:
1. Obviously, house/run inspection and maintenance is fairly straightforward. I can't imagine that there are any laws against maintaining fixtures on a piece of land (assuming that the fixtures and the chickens are allowed in the first place). One inch wire, half inch mesh, vinyl coated rabbit wire (great for burying), and some lumber scraps will go a long way in making big holes into little holes. No permit or license required.
2. Counter predation? Basically... when something is eating your chickens, get a bigger something(s) to eat it. I'm going to go out on a limb here and say that releasing a domestic guard dog to fend off a fox is easily distinguishable from, say... releasing a crate full of mongoose to bring down the local snake population. For the former, my municipality requires a dog license and all of the vaccines, fees, etc. that go with it. The state (NJ--you know, the one that's shaped like a cop) has a rule that says, "The occupant of a farm may allow his dog to run at large on the land he occupies, except during the firearm deer seasons" (for a guide, see Information for Farmers). The state exclusively performs the latter, so it's simply not an option (for a summary, see NJ's Policy on the Relocation of Wildlife). More on this policy later.
3. Be the bigger predator. To me, this means a weapon. And more specifically, a long gun of some type. Anything short of that would turn into a hobby, and the birds are already my hobby. Here, the state requires a Firearms Purchaser Identification Card and all of the background investigations, references, fees, etc. that go with it (for some FAQ's, see the State Police website). Once I have that taken care of, I go back to Information for Farmers which says:
A farm in New Jersey is defined as an area of at least 5 acres having gross farm income of at least $500, and tax assessed as farmland.
Ok. I wonder how many hobby farmers meet this narrow definition.
Farmers and their lessees occupying or farming their land, members of their immediate families, or their farming employees may kill crows, woodchuck, and fox on farm property at any time when found destroying livestock or crops.
Ok. So, hunting licenses and seasons are irrelevant.
However, they must use legal firearms, ammunition and other lawful procedures.
Wait a minute... does this mean I have to consult the game code to see which gun and ammo I can use for each predator? Or maybe they think I might try to use a rocket launcher?
Farmers may use shot no larger than #4 buckshot to control woodchuck only.
I'm glad groundhogs don't eat chickens.
Farmers may trap foxes destroying poultry, crops or property at any time, subject to state law and local ordinances.
Ok. No leg hold traps in NJ. This is fairly common knowledge. I built a box trap, but box traps are not mentioned as lawful traps nor unlawful traps? I put an address tag on my box trap. This is required in the Trapping Regulations, but I'm still not sure if this even applies to me. And if I trap it, then I can only use a .22 short to kill it? (see Trapping Regulations). Note: I intended to set out "Trapping" as my fourth option but from this point forward, it's hopelessly intertwined with the previous option.
Farmers or their agents may shoot or trap coyotes by lawful procedures at any time when found destroying livestock or crops. A regional Division of Fish and Wildlife law enforcement office must be notified within 24 hours of killing a coyote.
If I'm not mistaken, this is the period of time during which a criminal homicide is most likely to lead to an arrest. Yikes.
Property owners or their agents, and occupants of dwellings that are suffering damage from squirrel, raccoon, opossum, skunk, woodchuck or weasel may control them by lawful means at any time subject to local ordinances.
Ha ha ha. They think I can stop a weasel.
For Farmer Depredation Permit information for deer call the regional law enforcement office. Famers experiencing black bear damage need to contact the NJ DEP Hotline toll-free at 1-877-927-6337 (1-877-WARNDEP). Farmers experiencing damage from wild turkeys should contact the Wildlife Control Unit at 908-735-8793 or write NJ Div. of Fish and Wildlife-WCU, 141 Van Syckels Rd., Hampton, NJ 08827 so that an on-site inspection can be arranged.
"Please hold..."
Before I researched any of this, I actually observed the whole bear process and the wardens (DEP) really did conduct a thorough forensic examination. They pulled the bullets, traced the trajectories, weighed the carcasses, pulled some teeth, and drew some blood. They were mainly interested in: (a) was there an enclosure, (b) were there livestock inside the enclosure, and (c) was the predator killed inside the enclosure? At the time, the enclosure was 3 acres of hog fence. I don't remember anyone being terribly interested in the caliber of the rounds, the type of predator, or anything else. They loaded up the carcasses and took them away.
In retrospect, I see that there is no real farm predator rule for bears. There's simply a phone number with instruction to call. Failing to call probably would've been bad. Without having seen the process in action, the Information for Farmers would lead one to believe that the state has the exclusive right to kill farm invading bears. This is horribly misleading, especially in a state like NJ where seasonal bear hunting is a bit of a faux pas to begin with.
Managing predators has proven my most continual and intense challenge since getting chickens last May, so I decided to do some research into the legality of the various predator management options in my locale. This thread is not intended to be legal advice. I merely thought it would interesting to hear about the regulations, or the lack thereof, in the many other places where all us BYC'ers keep birds. Maybe this thread will keep some poor soul out of trouble one day.
As I see my options, in order of least regulated to most regulated, they are:
1. Obviously, house/run inspection and maintenance is fairly straightforward. I can't imagine that there are any laws against maintaining fixtures on a piece of land (assuming that the fixtures and the chickens are allowed in the first place). One inch wire, half inch mesh, vinyl coated rabbit wire (great for burying), and some lumber scraps will go a long way in making big holes into little holes. No permit or license required.
2. Counter predation? Basically... when something is eating your chickens, get a bigger something(s) to eat it. I'm going to go out on a limb here and say that releasing a domestic guard dog to fend off a fox is easily distinguishable from, say... releasing a crate full of mongoose to bring down the local snake population. For the former, my municipality requires a dog license and all of the vaccines, fees, etc. that go with it. The state (NJ--you know, the one that's shaped like a cop) has a rule that says, "The occupant of a farm may allow his dog to run at large on the land he occupies, except during the firearm deer seasons" (for a guide, see Information for Farmers). The state exclusively performs the latter, so it's simply not an option (for a summary, see NJ's Policy on the Relocation of Wildlife). More on this policy later.
3. Be the bigger predator. To me, this means a weapon. And more specifically, a long gun of some type. Anything short of that would turn into a hobby, and the birds are already my hobby. Here, the state requires a Firearms Purchaser Identification Card and all of the background investigations, references, fees, etc. that go with it (for some FAQ's, see the State Police website). Once I have that taken care of, I go back to Information for Farmers which says:
A farm in New Jersey is defined as an area of at least 5 acres having gross farm income of at least $500, and tax assessed as farmland.
Ok. I wonder how many hobby farmers meet this narrow definition.
Farmers and their lessees occupying or farming their land, members of their immediate families, or their farming employees may kill crows, woodchuck, and fox on farm property at any time when found destroying livestock or crops.
Ok. So, hunting licenses and seasons are irrelevant.
However, they must use legal firearms, ammunition and other lawful procedures.
Wait a minute... does this mean I have to consult the game code to see which gun and ammo I can use for each predator? Or maybe they think I might try to use a rocket launcher?
Farmers may use shot no larger than #4 buckshot to control woodchuck only.
I'm glad groundhogs don't eat chickens.
Farmers may trap foxes destroying poultry, crops or property at any time, subject to state law and local ordinances.
Ok. No leg hold traps in NJ. This is fairly common knowledge. I built a box trap, but box traps are not mentioned as lawful traps nor unlawful traps? I put an address tag on my box trap. This is required in the Trapping Regulations, but I'm still not sure if this even applies to me. And if I trap it, then I can only use a .22 short to kill it? (see Trapping Regulations). Note: I intended to set out "Trapping" as my fourth option but from this point forward, it's hopelessly intertwined with the previous option.
Farmers or their agents may shoot or trap coyotes by lawful procedures at any time when found destroying livestock or crops. A regional Division of Fish and Wildlife law enforcement office must be notified within 24 hours of killing a coyote.
If I'm not mistaken, this is the period of time during which a criminal homicide is most likely to lead to an arrest. Yikes.
Property owners or their agents, and occupants of dwellings that are suffering damage from squirrel, raccoon, opossum, skunk, woodchuck or weasel may control them by lawful means at any time subject to local ordinances.
Ha ha ha. They think I can stop a weasel.
For Farmer Depredation Permit information for deer call the regional law enforcement office. Famers experiencing black bear damage need to contact the NJ DEP Hotline toll-free at 1-877-927-6337 (1-877-WARNDEP). Farmers experiencing damage from wild turkeys should contact the Wildlife Control Unit at 908-735-8793 or write NJ Div. of Fish and Wildlife-WCU, 141 Van Syckels Rd., Hampton, NJ 08827 so that an on-site inspection can be arranged.
"Please hold..."
Before I researched any of this, I actually observed the whole bear process and the wardens (DEP) really did conduct a thorough forensic examination. They pulled the bullets, traced the trajectories, weighed the carcasses, pulled some teeth, and drew some blood. They were mainly interested in: (a) was there an enclosure, (b) were there livestock inside the enclosure, and (c) was the predator killed inside the enclosure? At the time, the enclosure was 3 acres of hog fence. I don't remember anyone being terribly interested in the caliber of the rounds, the type of predator, or anything else. They loaded up the carcasses and took them away.
In retrospect, I see that there is no real farm predator rule for bears. There's simply a phone number with instruction to call. Failing to call probably would've been bad. Without having seen the process in action, the Information for Farmers would lead one to believe that the state has the exclusive right to kill farm invading bears. This is horribly misleading, especially in a state like NJ where seasonal bear hunting is a bit of a faux pas to begin with.
