# When can I trap opossum?



## Bambicidal Maniac

The guide is very vague on this. I want to trap the possums that are raiding wild turkey nests on my property. Do I need/can I get a permit for that? What do I do if I catch a raccoon instead?


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## griffondog

Bambicidal Maniac said:


> The guide is very vague on this. I want to trap the possums that are raiding wild turkey nests on my property. Do I need/can I get a permit for that? What do I do if I catch a raccoon instead?


 

*9.1 Permitted acts; certain species.*
Sec. 9.1 (1) English sparrows, feral pigeons, and starlings may be taken by hunting statewide, year around except within state park and recreation areas from April 1 to September 14. English sparrows and starlings may be taken without a permit when doing or about to do damage to property or committing or about to commit depredations. Opossum, weasels, ground squirrels, and red squirrels may be taken by hunting and trapping statewide, year around except within state park and recreation areas from April 1 to September 14.
(2) A property owner or their designee may take raccoon all year on property owned by the person when raccoons are doing or are about to do damage to the person's property. A person taking a raccoon under the authority of this subsection shall be considered a permittee as defined by section 5.50 of this order. A written permit is not required, and the person shall be authorized to take raccoon all year by otherwise lawful hunting and trapping methods. Notwithstanding the other provisions of this order, a person taking raccoon under the authority of this subsection may take raccoon at night from July 15 to September 14 using artificial lights, similar to the type ordinarily held in the hand or on the person, in possession of an unloaded firearm while following dogs and at the point of kill for the purpose of taking raccoons if using a rimfire firearm .22 caliber or smaller.
History: Eff. Mar 31, 1989; Am. 9, 1989, Eff. Sep 1, 1989; Am. 10, 1993, Eff. Sep 1, 1993; Am. 7, 1998, Eff. Sep 1, 1998; Am. 2, 2003, Eff. Apr 12, 2003; Am. 2, 2005, Eff. Mar 11, 2005; Am. 9, 2005, Eff. Jul 8, 2005.



Since the ***** are not doing damage to your personal property you would have to let them go.
Griff


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## dead short

Threw this section in because it's probably the best way to release non targeted species. 

*Live Traps*
As a substitute for foothold traps, trappers may use live traps capable of taking only one animal at a time within 450 feet of an occupied dwelling and associated buildings during the legal time for trapping the target animal. Live traps must be checked daily. Any animal captured in a live trap must be immediately killed or released; it is illegal to take these game animals or protected animals live from the wild. It also is illegal to hold these animals in captivity.

Note under the table in the digest for *2010-2011 Fur Harvester Trapping and Hunting Season Dates*
7. No closed season on opossum, weasel or skunk. 
[/COLOR] 

*Incidental Catches* 
[SIZE=-1]Trappers occasionally trap nontargeted species. Because it is unlawful to possess animals out of season or those which are protected species, the following procedure allows trappers to help the DNRE collect and utilize the biological data available through carcass examination and ensure that pelts are put to good use. Trappers must: 

Immediately release live protected animals from the trap. Help may be available to advise on the release of endangered species.
A person legally could not justify the taking/incidental trapping a raccoon and killing it if it was in the woods destroying turkey nests. That's what they do. *Legally*, you would have to release it.
[/SIZE]


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## dead short

Looks like you beat me this time....


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## Bambicidal Maniac

griffondog said:


> *9.1 Permitted acts; certain species.*
> Sec. 9.1


Is this document online? I've been searching for the actual code and every search keeps pointing me to the (virtually useless) hunting and trapping guide.



> Since the ***** are not doing damage to your personal property you would have to let them go.
> Griff


Might be kind of pointless with a bodygrip trap. If they're an incidental catch, would the DNR want them?


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## dead short

Try this link - 

http://www.michigan.gov/dnr/0,1607,7-153-10366_37141-120756--,00.html

This is what the rule book says..

If the animal is dead or dies in the attempt to release it, attach a Michigan incidental seal to the animal before removing it from the trap. Then transport the carcass in an open manner to the nearest DNRE office. See Furbearer Registration. The carcass must be surrendered. Michigan incidental seals are available from DNRE offices. *All incidental seals remain the property of the DNRE and must be returned by May 1 each year.* 

From the guide: Selective trapping techniques are essential for maintaining trapping opportunity in Michigan. Trappers are encouraged to use the most selective trapping techniques possible.

Waste not want not...........


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## Bambicidal Maniac

dead short said:


> Note under the table in the digest for *2010-2011 Fur Harvester Trapping and Hunting Season Dates*
> 7. No closed season on opossum, weasel or skunk.


In my copy note 7 is only referenced in the hunting section, not the trapping section. This is unlike note 1 which is referenced in both. Thus my reference to trapping of opossum.

[/COLOR]


> [SIZE=-1]A person legally could not justify the taking/incidental trapping a raccoon and killing it if it was in the woods destroying turkey nests. That's what they do. *Legally*, you would have to release it.
> [/SIZE]




Which leads to==> Is a body grip trap legal for trapping possum?


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## dead short

I guess I can see where that might be confusing. Go by what the actual Conservation order says - Opossum, weasels, ground squirrels, and red squirrels may be taken by hunting and trapping statewide......

Part of the page for trap selectivity.....

The whole thing is at..http://www.michigan.gov/dnr/0,1607,7-153-10363_10880-243436--,00.html

*Dryland and Surface Ice Private Land Body-Gripping Trap Regulations:*
It is unlawful to set a body-gripping or conibear-type trap larger than 7.5 inches in width (as measured inside the jaw hinges) on dry lands that are privately owned, or over frozen submerged privately owned bottomlands unless the trap is four or more feet above dry ground or the frozen surface of ice. See above for regulations for body-gripping traps on publicly owned lands.

So, yes you could use a body-gripper. Although it probably is the most effective, it might not be the best choice.


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## Bambicidal Maniac

dead short said:


> I guess I can see where that might be confusing. Go by what the actual Conservation order says - Opossum, weasels, ground squirrels, and red squirrels may be taken by hunting and trapping statewide......


Now that I have that, I plan to. 



> So, yes you could use a body-gripper. Although it probably is the most effective, it might not be the best choice.


My hunting land is some distance away and a daily trip to check the traps would be difficult. My understanding is that a bodygripper is a kill trap, not a restraining trap, and would not require a daily check. The guide is somewhat vague on that point. Can you confirm that?

BTW, thanks for the help on this guys.


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## griffondog

Bambicidal Maniac

I know this is a law forum but I think it's important you hear this also. Just because it's legal doesn't make it the best choice for all circumstances. If there is any chance of domestic animals getting in your coni sets please dont set them. Yes only restraining traps need to be checked daily. If you want to pm me I'll give you my phone number and give you some tips on how to make your sets in a safe way.

Griff


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## dead short

griffondog said:


> Bambicidal Maniac
> 
> I know this is a law forum but I think it's important you hear this also. Just because it's legal doesn't make it the best choice for all circumstances. If there is any chance of domestic animals getting in your coni sets please dont set them. Yes only restraining traps need to be checked daily. If you want to pm me I'll give you my phone number and give you some tips on how to make your sets in a safe way.
> 
> Griff


I think that's a good idea.


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## junkman

***** are allways doing or about to do damage so just give them the same treatment you would the possum.No seals or permits required.


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## Bambicidal Maniac

In looking through the WCOs, it does not appear that I need any license to trap opossums or skunks. They are not listed as fur bearers. Is this correct?


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## Bambicidal Maniac

junkman said:


> ***** are allways doing or about to do damage so just give them the same treatment you would the possum.


I know that's a popular opinion, but it seems that a CO might have discretion on the definition of damage. Everybody and their brother-in-law has an opinion, but if the only opinion that counts is the CO or the jury at the trial, I'd rather see the COs opinion on a permit before I set the trap. But they say no permit is required, which leaves me exposed.


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## dead short

junkman said:


> ***** are allways doing or about to do damage so just give them the same treatment you would the possum.No seals or permits required.


Not true. You could probably justify trapping ***** in your shed or barn, but to blatantly set traps in an attempt to catch ***** on private property, not during an open season, is not legal.


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## Bambicidal Maniac

dead short said:


> Not true. You could probably justify trapping ***** in your shed or barn, but to blatantly set traps in an attempt to catch ***** on private property, not during an open season, is not legal.


And so we get to ==> Who gets to define "damage". Is taking food from a bird feeder enough?


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## dead short

Fur bearer is defined in the statute. You won't find it in the Conservation Order

*324.43503 Definitions; F.* 

Sec. 43503.
((5) Fur-bearing animals includes badger, beaver, bobcat, coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, weasel, and wolf.


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## dead short

Bambicidal Maniac said:


> And so we get to ==> Who gets to define "damage". Is taking food from a bird feeder enough?


There is no fixed definition as to what doing or about to do damage is. Every situation is determined on it's own merit. Contact the local CO and see what they say.


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## Bambicidal Maniac

dead short said:


> There is no fixed definition as to what doing or about to do damage is. Every situation is determined on it's own merit. Contact the local CO and see what they say.


I've done that, but that could put me into a "he said/he said" situation if I subsequently got a ticket, especially from another CO. One doesn't think a permit is required and doesn't want to give me one, but another might not agree with the definition of damage. Thus the exposure.


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## Bambicidal Maniac

dead short said:


> Fur bearer is defined in the statute. You won't find it in the Conservation Order
> 
> *324.43503 Definitions; F.*


Okay, now I've found that online. Now I know how a possum can be one thing and a mouse another. Thanks. Now I need to see a law that says a fur harvester's license is required in order to set a trap for any fur bearer. The WCOs don't seem to have that either. The guide says so, but it doesn't cite the law it's based on. Perhaps you can tell that I want all my ducks (or dead possums) lined up. I have no objection to buying the license. I just want to make sure I'm reading the law and not somebody's opinion of the law.


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