Tag Archives: laws

What we’re pondering

“An investment in knowledge pays the best interest.” –  Benjamin Franklin

We at the New York State IPM Program work to ensure we are up on the latest information that is important to help you protect students and staff from pests. Here are some resources that have recently crossed our desk.

Educating Staff

IPM in any setting is not an one-person job. In schools, without help from staff and students, IPM is nearly impossible. P also stands for people! Janet Hurley Extension Program Specialist III – School IPM from Texas A&M AgriLife Extension Service discusses The Importance of Educating Staff about Your IPM Program.

Stop School Pests has changed its name to the Pest Defense for Healthy Schools to emphasize its dedication to creating healthy, safe spaces for students and school staff by preventing pest problems such as mice, cockroaches, bed bugs, ants, and lice. The online professional training is targeted for specific school audiences including custodial staff, school nurses, grounds managers, school administrators, maintenance professionals, teachers, food services professionals, and pest management professionals.

 

School Safety

Cornell University turf specialist Frank Rossi talks about how to manage athletic fields to reduce injuries.

This isn’t new, but it’s a must see for all school administrators, athletic, and grounds department staff. Safe sports field management will help to reduce the risk of injuries.

Frank Rossi, Cornell Turfgrass Extension Specialist, describes basic level of care of athletic fields in the video, Duty of Care.

Ticks

With the funding of the Don’t Get Ticked New York campaign, we have been pretty dedicated to (read: obsessed with) keeping up-to date on tick information. Here is some of the latest news.

The Public Tick IPM Working Group has created a document, Tick Management Options, showing some of the most effective control strategies. A number of these options would require an emergency exemption and application by a certified pesticide applicator.

Researchers at the University of Cincinnati looked into the behavior of hungry ticks. The metabolism of ticks that had not fed for more than 36 weeks increased by as much as 100% and remained high for weeks. This has implications for adult ticks that failed to find a host in the fall. They can not only be active when the temperatures are above freezing, but will be more active in searching for a new host during the winter when the public is least likely to be thinking of tick protection. Hungry ticks are also more likely to venture into less desirable habitat – like your athletic fields. Hungry ticks work harder to find you

An Asian longhorned tick showed up in a sample of lone star ticks collected in Rockland County. The one with the short, stubby mouthparts is the longhorned tick.

Asian longhorned ticks are a troublesome new addition to an already difficult issue. First discovered on a farm in New Jersey in August 2017, we now know that they have been in the United States since at least 2010 and has been identified in nine states, including New York. So far they don’t find humans to be a particularly attractive host and tested ticks have had any disease pathogens. Which is great news. But, there is a lot we still don’t know about this tick. A recent webinar Discussions on the Invasive Longhorned Tick, Haemaphysalis longicornis organized by the Northeast Regional Center for Excellence in Vector-Borne Diseases provides a lot of information

 

Need more information on school and childcare IPM? Visit our Schools and Daycare Centers page.

Pesticide Misapplications? The Costs Are High

A chemical smell wafting through an upstate middle-school classroom last fall ended up sending six students to the hospital. What happened?

A member of the custodial staff sprayed wasp killer by a fresh-air intake. Some of that spray ended up in a second floor classroom. Fourteen students and two staff members felt ill, according to a newspaper account; in fact, the school was evacuated for more than a half hour.

Need help identifying a pest and what to do about it? What's Bugging You? has the information you need.

Need help identifying a pest and what to do about it? What’s Bugging You? has the information you need.

The school was fined $5,500 for violating three pesticide regulations. But incidents like this are preventable by practicing integrated pest management.

The NYS IPM Program offers resources such as this video about stinging insects and IPM strategies that reduce the risk of stings.

Many state regulations pertain to pesticide use in and around schools. You can find a synopsis here. But first and foremost — anyone who applies pesticides on school property must meet pesticide application certification requirements. (The same applies to child care centers, office buildings, or any other commercial or public property.) If the certified applicator is a school employee, then the school itself must be registered and appropriately insured.

Neither the school’s pesticide-application notification requirements nor the Child Safe Playing Fields Act were violated, since each provides exemptions for the use of small containers of aerosol products in an imminent threat from stinging and biting insects. Regardless, a certified pesticide applicator must apply them, and, if applied by a school staffer, the school must be registered.

School staffers can obtain and maintain commercial pesticide licenses after getting the right education credits and passing their exams. You can find information about pesticide certification on the Pesticide Safety Education Program website, including information about upcoming classes.

Organizations such as BOCES and CASDA often ask NYS IPMers to present at their conferences.

Organizations such as BOCES and CASDA often ask NYS IPMers to present at their conferences, such as this upcoming workshop on ticks and tick-borne diseases.

Consider: without the basic knowledge inherent in getting a license, how can you be sure that staff are aware of the laws that keep incidents such as this from occurring? Who will be qualified to choose a pest management contractor when the need to protect students from the threat of pests — whether increased risk of asthma from mice or cockroaches, rashes from poison ivy, or anaphylactic shock from a wasp sting — relies on an expert’s help? And how will school personnel know what steps they can take to not only deal with existing (and potentially costly) pest issues, but also prevent new ones from taking place?

Answer: Be sure your maintenance staff gets the education needed to stay up to date with the latest pest management information.

The New York State Integrated Pest Management Program has resources to help schools with their pest issues. Visit the NYS IPM Program’s school webpage. Learn about specific pests, including stinging insects. Sign up for our blog, The ABCs of School and Childcare Pest Management. Send staff to classes offered by our experts.

We are here to help address your pest management needs.

Dealing With Wildlife and the Laws That Protect Them

When we think about pests affecting schools, animals such as cockroaches and mice typically come to mind. But what if larger critters such as Canada geese, squirrels, bats, woodchucks, or pigeons become troublesome? IPM works for them too. You must, however, be aware of laws that apply to nuisance wildlife and how they might affect your IPM plan.

Canada geese are protected by the Migratory Bird Treaty Act, but there are still things you can do to manage them. Harassing them (such as with dogs or lasers) does not need a permit. Interfering with their nest — such as addling their eggs — does need a permit. When in doubt, contact the DEC. Photo: Joellen Lampman

Canada geese are protected by the Migratory Bird Treaty Act, but there are still things you can do to manage them. Harassing them (such as with dogs or lasers) does not need a permit. Interfering with their nest — such as addling their eggs — does need a permit. When in doubt, contact the DEC.

In New York, the regulatory players involved are the NYS Department of Environmental Conservation (all species) and the U.S. Fish and Wildlife Service (migratory birds and federally endangered and threatened species). Through these agencies, every wildlife species in the state has a legal classification. What is of utmost concern is determining whether your nuisance is classified as “unprotected” or “protected.”

Legal Classification: Unprotected

Unprotected mammals include shrews, moles, bats (except Indiana bats, which are federally protected), chipmunks, woodchucks, red squirrels, flying squirrels, voles, mice, and Norway rats. Unprotected bird species include rock doves (feral pigeons), house sparrows, and European starlings.

pigeons MF

Rock doves have no legal protections, but other laws, such as pesticide regulations, firearm discharge ordinances, and trespassing laws, must be followed.

An unprotected species can legally be taken by the property owner at any time of year and by any means as long as other laws (i.e., pesticide regulations, firearm discharge ordinances, trespassing laws, etc.) are not violated. The DEC defines taking as pursuing, shooting, hunting, killing, capturing, trapping, snaring or netting wildlife and game, or performing acts that disturb or worry wildlife.

Some might consider it too cruel to take an animal and decide that capturing your nuisance pest with a live trap is best. Before heading to the hardware store, recognize that you cannot release an animal off your property without a permit. An unprotected animal can be released on the same property where it was captured or must be killed and buried or cremated.

Legal Classification: Protected

For some protected species, if an individual animal is causing damage (not merely being a nuisance), it can be taken by the property owner. Mammals that fall under this category include opossums, raccoons, weasels, and gray squirrels. (Skunks may legally be taken if they are only a nuisance, even if they are not causing damage.) But the animal, dead or alive, cannot be transported off the landowner’s property without a nuisance wildlife control permit obtained from the DEC.

Identification matters. Grey squirrels are protected, while red squirrels are unprotected.

Identification matters. Grey squirrels are protected, while red squirrels are unprotected.

A few mammals (including bear, beaver, deer, mink, and muskrat), most birds, and (currently) all reptiles and amphibians are not only protected but cannot be captured or removed from the property without special case-by-case permits.

Animals with a legal hunting or fur trapping season can be taken as long as the proper hunting or trapping license has been obtained.

Nuisance Wildlife Control Permits

Nuisance wildlife control permits are issued to people who have gone through the prescribed application process. These permits allow protected species to be taken in any number, at any time, and from any location — with permission of the landowner — within the state. Permits must be renewed annually. Private nuisance wildlife control operators, pest control operators dealing with nuisance wildlife, municipal animal control officers, and some wildlife rehabilitators must obtain the proper permits.

Laws change, so if you have a question concerning the legal status of a species or contemplated action, contact the Wildlife section of the regional office of the NYS Department of Environmental Conservation.

For information on IPM for nuisance wildlife, refer to Beasts Begone!: A Practitioner’s Guide to IPM in Buildings  and Best Practices for Nuisance Wildlife Control Operators.

(Adapted from Legal Framework for Nuisance Wildlife Control in New York State by Lynn Braband, NYS Community IPM Program at Cornell University)