4016.1 Violation of the following provision shall be a Class 1 infraction:

1. (a) 19 DCMR § 1570.1 (engaging in the control of wildlife without a license);
2. (b) 19 DCMR § 1570.13 (controlling wildlife species not designated by the license);
3. (c) 19 DCMR § 1571.1 (failure to register as a wildlife control services provider with the Department prior to providing services);
4. (d) 19 DCMR § 1571.2 (failure to register as a wildlife control services provider when working as a self-employed wildlife control operator);
5. (e) 19 DCMR § 1574.1 (failure to employ non-lethal means as the preference in the control of problem wildlife);
6. (f) 19 DCMR § 1574.3 (euthanizing, killing, relocating, distressing, displacing, or otherwise harming a Species of Greatest Conservation Need without written permission from the Department);
7. (g) 19 DCMR § 1574.5(a) (Removing, altering, or destroying a Migratory Bird nest with eggs or the young without obtaining a federal permit);
8. (h) 19 DCMR § 1574.9 (failure to obtain written permission from the Department to transport wildlife out of the District);
9. (i) 19 DCMR § 1574.10 (failure to obtain written permission from the Department to transport wildlife into the District);
10. (j) 19 DCMR § 1576.5 (failure obtain a federal permit prior to using a mist or rocket net to capture a bird or bat outdoors);
11. (k) 19 DCMR § 1576.12(a) (failure to immediately release, at the site of capture, captured non-target wildlife that is healthy and does not pose an unreasonable risk to the health and safety of persons or domestic animals);
12. (l) 19 DCMR § 1576.12(b) (relocating captured non-target wildlife to a property without obtaining prior permission from the property owner);
13. (m) 19 DCMR § 1576.14(b) (relocating captured target wildlife to a property without the written permission of the property owner);

(n) 19 DCMR § 1576.18 (failure to keep captured wildlife in a covered, secure safe container during transport);

(o) 19 DCMR § 1576.20 (failure to use the quickest, least stressful, and least painful method of euthanasia on sick, injured, or orphaned wildlife);

(p) 19 DCMR § 1576.21 (failure to use a method of euthanasia that conforms to the Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals);

(q) 19 DCMR § 1576.22 (failure to obtain prior approval from the Department to use a method of euthanasia not published in the Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals).

(r) 19 DCMR § 1577.1 (use of a toxicant prohibited by the Department for use on wildlife);

(s) 19 DCMR § 1577.2 (prohibited use of a toxicant to control pigeons, European starlings, or house sparrows); or

(t) 19 DCMR § 1577.4 (prohibited use of a leg-hold and other body-gripping trap, body-crushing trap, snare, or harpoon-type trap to control wildlife).

4016.2 Violation of the following provision shall be a Class 2 infraction:

(a) 19 DCMR § 1576.3 (failure to check a mist net at least once every hour);

(b) 19 DCMR § 1576.9 (failure to check a trap at least once every twenty-four (24) hours, or more frequently as environmental conditions deemed necessary);

(c) 19 DCMR § 1576.11 (failure to check the trap if remote technology fails to report in twenty-four (24) hours);

(d) 19 DCMR § 1576.15 (failure to make reasonable effort to keep dependent young wildlife with their parent);

(e) 19 DCMR § 1576.16 (failure to obtain written authorization from the Department prior to holding wildlife for the purpose of reuniting dependent young);

(f) 19 DCMR § 1576.19 (selling, bartering, trading, giving, or retaining

wildlife or parts thereof);

(g) 19 DCMR § 1577.3 (prohibited-use of sticky or glue trap to control wildlife); or

(h) 19 DCMR § 1577.5 (failure to obtain written permission from the Department to keep wildlife in captivity for longer than thirty-six (36) hours).

4016.3 Violation of the following provisions shall be a Class 3 infraction:

(a) 19 DCMR § 1573.4 (failure to report a potential outbreak or widespread occurrence of suspected disease in wildlife to the Department);

(b) 19 DCMR § 1574.6 (failure to obtain written permission and guidance from the Department prior to controlling bats);

(c) 19 DCMR § 1574.8 (wildlife control of an amphibian or a turtle);

(d) 19 DCMR § 1574.11 (failure to notify the Department prior to performing wildlife control on black bears or coyotes);

(e) 19 DCMR § 1575.2 (wildlife control of a feral cat in violation of the District's policy of trap, spay or neuter, return, or adoption of feral cats);

(f) 19 DCMR § 1576.8 (failure to set a trap to avoid capture or harm to a non-targeted wildlife);

(g) 19 DCMR § 1576.13(a) (b) (failure to transfer to the District's Animal Care and Control Agency or a licensed wildlife rehabilitator in the District, captured non-target wildlife that is believed to be sick, injured, orphaned, or that poses an unreasonable risk to people or domestic animals, or that is otherwise unfit for release);

(h) 19 DCMR § 1576.14(c) (failure to surrender captured target wildlife expressing symptoms of disease to the District's Animal Care and Control Agency for evaluation and assessment);

(i) 19 DCMR § 1576.14(d) (failure to transfer sick, injured, or abandoned captured target wildlife to a licensed wildlife rehabilitator in the District); or

(j) 19 DCMR § 1576.17 (failure to prevent or limit unnecessary discomfort, behavioral stress, or physical harm to captured wildlife during handling, or transport).

4016.4 Violation of the following provisions shall be a Class 4 infraction:

(a) 19 DCMR § 1573.2 (failure of a wildlife control services provider to submit an accurate summary of wildlife control activities for the preceding year to the Department by January 15th).

4016.5 Violation of the following provisions shall be a Class 5 infraction:

(a) 19 DCMR § 1570.6 (failure of a wildlife control operator to be in possession of their license while engaging in wildlife control activities);

(b) 19 DCMR § 1572.1 (failure of the wildlife control operator to provide a written assessment of the problem and proposed wildlife control measures);

(c) 19 DCMR § 1573.1 (failure of a wildlife control operator to maintain required records of each wildlife control service call);

(d) 19 DCMR § 1573.3 (failure of a wildlife control services provider to make required records available for inspection by the Department); or

(e) 19 DCMR § 1576.7 (failure to label trap or exclusionary device with the name, address, and phone number of the wildlife control operator or wildlife control services provider).

SOURCE: Final Rulemaking published at 66 DCR 15992 (December 6, 2019).