Section 525.30  General Provisions

 

a)         Nuisance Wildlife Control Permits shall be issued on an annual basis and expire January 31 of each year.  Nuisance Wildlife Control Permits are not transferable.  Permitted Nuisance Wildlife Control is governed solely by Sections 2.37 and 2.38 of the Wildlife Code [520 ILCS 5/2.37 and 2.38] and this Part.  All other provisions of The Game Protective Regulations of the Wildlife Code [520 ILCS 5] do not apply.

 

b)         Under no circumstances shall a Nuisance Wildlife Control Permit be used in lieu of a scientific collector's permit or sport or commercial licenses.

 

c)         Permittee's method of taking fauna must be approved by the Department. Approved methods include, but are not limited to trapping and shooting.  In addition,

 

1)         Only the following devices shall be used for land sets:

 

A)        box traps, cage traps or traps of similar design;

 

B)        EGG traps^®, D-P^® (Dog-Proof) traps or traps of similar design with a single access opening no larger than three square inches;

 

C)        cushion-hold traps with no modifications from the manufacturer's specifications other than the addition of auxiliary springs and/or swivels.  "Cushion-hold trap" means an approved, commercially manufactured trap of the spring-loaded type with offset jaws designed to capture an animal by closing upon one of its limbs and that is so constructed that the edges designed to touch the animal are composed of a non-metallic substance that eliminates or mitigates injury to the trapped animal; and

 

D)        body-gripping traps powered by two springs and having an inside jaw spread no larger than 25 square inches may be used if set inside a residence at least four inches from any outside surface of the structure or set outdoors at least eight feet from the ground and enclosed in a tube, cylinder or open-ended box constructed of solid wood, metal or plastic such that the trigger of the trap is located at least twelve inches from any entrance to the enclosure in which it is set.

 

E)         Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

2)         Body-gripping traps, cushion-hold traps, leghold traps, EGG^® traps and D-P^® (Dog-Proof) traps or traps of similar design, Bailey beaver traps or traps of similar design, Snead colony traps or traps of similar design, and cage traps, box traps or traps of similar design may be used for water sets.  Snares that are not powered by springs or other mechanical devices shall be used for water sets only if at least one-half of the snare noose loop is located under water at all times; the noose loop diameter is not greater than 15 inches (38.1 CM); the snare is equipped with a mechanical lock, anchor swivel, and stop device to prevent the mechanical lock from closing the noose loop to a diameter of less than 2½ inches (6.4 CM); the cable diameter is not less than 5/64 inch (2.0 MM) but not greater than ⅛ inch (3.2 MM); and the snare is not constructed of stainless steel metal cable or wire.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

3)         It is unlawful to fail to visit and remove all animals from traps staked out, set, used, tended, placed or maintained at least once each calendar day.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

4)         It is unlawful for any person to place, set, use, or maintain any trap or snare that is not tagged, inscribed, or otherwise identified with the permittee's name and address.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

5)         It is unlawful for any person to place, set, use, or maintain a cushion-hold trap or leghold trap, in water, that has an inside jaw spread larger than 7½ inches (19.1 CM), or a body-gripping trap having an inside jaw spread larger than 144 square inches.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

6)         It is unlawful for any person to place, set, use, or maintain a cushion-hold trap, on land, that has an inside jaw spread larger than 6½ inches (16.6 CM).  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

7)         It is unlawful to use any trap with saw-toothed, serrated, spiked, or toothed jaws.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

8)         It is unlawful to place, set, or maintain any leghold trap or cushion-hold trap within 30 feet (9.14 m) of bait placed in such a manner or position that it is not completely covered and concealed from sight, except that this shall not apply to underwater sets.  Bait shall mean and include any bait composed of mammal, bird, or fish flesh, fur, hide, entrails, or feathers.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

9)         It is unlawful to use any deadfall, pit trap, spear, gig, hook, crossbow, poison, chemical, explosive or any like device to take any Protected Species, except that commercially available gas cartridges that emit carbon monoxide or carbon dioxide as primary lethal agents may be used according to the manufacturer's specifications.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(a)).

 

10)         It is unlawful for any person, except persons permitted by law, to have or carry any gun in or on any vehicle, conveyance or aircraft, unless such gun is unloaded and enclosed in a case.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(n)).

 

11)         It is unlawful to fire a rifle, pistol, revolver, or airgun on, over or into any waters of this State, including frozen waters.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(q)).

 

12)         It is unlawful to discharge any gun along, upon, across, or from any public right-of-way or highway in this State.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(r)).

 

13)         It is unlawful to use a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(s)).

 

14)         It is unlawful for any person to remove animals from or to move or disturb in any manner, the traps owned by another person without written authorization of the owner to do so.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(v)).

 

15)         It is unlawful for any person to wantonly or carelessly injure or destroy, in any manner whatsoever, any real or personal property on the land of another while engaged in activities permitted by this Section.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(x)).

 

16)         It is unlawful for any person to take any Protected Species during the gun deer hunting season in those counties open to gun deer hunting, unless he wears, when in the field, a cap and outer garment of  a solid blaze orange color, with such articles of clothing displaying a minimum of 400 square inches of blaze orange material.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(ff)).

 

17)         The use of guns shall be subject to all State restrictions.

 

18)         The use of guns shall be subject to municipal restrictions unless otherwise authorized in writing by an official of the municipality.

 

d)         Taking of fauna on private properties by Class A and Class B permittees requires the landowner's or tenant's written permission.  Class B not-for-profit permittees are restricted to taking nuisance fauna only on the lands owned by the not-for-profit entity.  Nothing in this Part allows the taking of wildlife on the property of another without permission from the landowner or tenant.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33(t)).

 

e)         Taking of fauna on State-owned or -managed lands requires written authorization from the Site Superintendent or District Wildlife Habitat Biologist.  Violation is a Class B misdemeanor (see 520 ILCS 835/6).

 

f)          Permittees shall describe to the persons seeking services the estimated cost and type of control methods to be used to relieve the nuisance problem and/or to alleviate damage to livestock, crops, or property.

 

g)         The Nuisance Wildlife Control Permit must be carried on the person at all times when taking or transporting fauna and be presented, upon request, to any authorized employee of the Department or any peace officer.  Violation is a petty offense (see 520 ILCS 5/2.37).

 

h)         The taking of white-tailed deer, endangered species, threatened species  or other species protected by Federal regulations is prohibited except for the salvage and disposal of dead white-tailed deer in accordance with subsection (k) of this Section.

 

i)          All fur-bearing mammals [520 ILCS 5/1.2g] and game mammals [520 ILCS 5/1.2h] that are not endangered or threatened (17 Ill. Adm. Code 1010) and are taken under authority of this Part must be released alive or euthanized except that:

 

1)         striped skunks must be euthanized; and

 

2)         raccoons must be euthanized or released on the same property and within 100 yards of where they were captured, or surrendered to a licensed veterinarian who is a licensed wildlife rehabilitator for euthanasia or treatment and release.  Release may only be after an observation period of at least 45 days.  During observation, raccoons may be housed at any properly licensed rehabilitator.  Violation is a petty offense (see 520 ILCS 5/2.37).

 

All other Protected Species must be released alive or surrendered to a licensed rehabilitator.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33).

 

j)          Methods of euthanizing animals must be approved by the Department and include such methods as:

 

1)         captive bolt, gunshot, drowning, and stunning (mechanical only);

 

2)         inhalants, including halothane, isoflurane, carbon monoxide, and carbon dioxide; and

 

3)         non-inhalants including Secobarbital/dibucaine.

 

k)         All dead animals must be transferred to a licensed renderer or disposed of in accordance with the Illinois Dead Animal Disposal Act [225 ILCS 610].  Violation is a Class C misdemeanor (see 225 ILCS 610/19).

 

l)          Animals, animal parts and animal by-products taken under authority of this Part may not be sold, offered for sale, bartered or shipped for the purpose of sale or barter.  Violation is a Class A misdemeanor (see 520 ILCS 5/2.36).

 

m)        All animals released alive must be re-located into suitable habitat in the State of Illinois within 24 hours after capture.  Except as provided for in subsection (i) of this Section, the release site must be located at least 10 but not more than 40 miles from the capture site unless the Department grants specific authority to release animals greater than 40 miles from the capture site and the animals are certified disease-free as provided for in 17 Ill. Adm. Code 630.  Animals captured by duly appointed representatives of municipalities shall be re-located into suitable habitat less than 10 miles from the capture site if this subsection would require the release of animals on lands outside their jurisdiction.  Violation is a petty offense (see 520 ILCS 5/2.37).

 

n)         Temporary holding facilities must meet U.S. Department of Agriculture standards for animal welfare as specified in "Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals" (subpart  F, subchapter  A, ch. 1, Title 9 CFR, 2004) (no later editions or amendments are included).  Violation is a petty offense (see 520 ILCS 5/2.37).

 

o)         Release of fauna onto public or private land requires written authorization from the site superintendent, tenant, or landowner.  In the event that threatened or endangered species are involved, the release shall be directed by the Endangered and Threatened Species Conservation Program Coordinator, Division of Resource Stewardship and Protection, Department of Natural Resources, One Natural Resources Way, Springfield, Illinois 62702-1271.  Violation is a petty offense (see 520 ILCS 5/2.37).

 

p)         Permittees who rent, lend or otherwise transfer traps to clients, citizens, or other parties who are not under their direct supervision and have not obtained a Nuisance Wildlife Control Permit or a Nuisance Animal Removal Permit are responsible for any damages or violations of this Section that are perpetrated by the other party.  Any animals taken by a second party must be reported by the permittee in accordance with subsection (q).  Failure to comply with this Part shall result in permit suspension or revocation in accordance with Section 525.40.

 

q)         All permittees shall maintain records and submit an annual report to the Department showing the following information:  total number of complaints received, number of complaints serviced, county of residence, name, address, and phone number of the permittee, number and kinds of animals relocated, name, address, and phone number of any site supervisor, tenant or landowner on whose property animals were released, locations where animals were released, and number and kinds of all animals euthanized.  This report shall be made on or before January 20 and shall include all operations for the period from January 1 through December 31 of the previous year.  All such reports and records required by this Section shall be available for inspection by any officer or authorized employee of the Department, any sheriff, deputy sheriff, or any other peace officer at any reasonable time when request is made for same. Failure to comply with the provisions of this Section shall bar the permittee from obtaining a Nuisance Wildlife Control Permit for the following year.

 

r)          It shall be unlawful for any person to represent himself or herself falsely to be an authorized employee of the Department, or to assume to act as such without having been duly appointed and employed as such.  Violation is a petty offense (see 520 ILCS 5/1.23).

 

s)         A Class A Nuisance Wildlife Control Permittee is an industrial user as listed in the Hypodermic Syringes and Needles Act [720 ILCS 635].

 

(Source:  Amended at 29 Ill. Reg. 3919, effective February 24, 2005)