TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.10 PURPOSE
Section 525.10 Purpose
This Part has been established
to govern the taking, possession, transport and disposition of species
protected by Section 2.2 of the Wildlife Code [520 ILCS 5] that are causing
damage to property or a risk to human health or safety and the issuance of
Nuisance Wildlife Control Permits. Activities authorized by these permits are
governed solely by Sections 2.37 and 2.38 of the Wildlife Code and this Part.
All other game protective provisions of the Wildlife Code do not apply unless
referenced specifically by this Part.
(Source: Amended at 41 Ill.
Reg. 8476, effective June 28, 2017)
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.15 DEFINITIONS
Section 525.15 Definitions
"Bait" means mammal,
bird or fish flesh, fur, hide, entrails or feathers and parts thereof that are
placed in or near a trap to lure wild animals.
"Bat" means members of
the family Vespertilionidae.
"Cushion-hold trap"
means a 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 nonmetallic
substance that eliminates or mitigates injury to the trapped animal.
"Department" means
Department of Natural Resources.
"Exterior exclusion"
means sealing gaps, crevices, holes or other exterior means of access to a
structure as part of a program to remove bats. Bats retain the ability to enter
and exit a structure at one or more points of access until permanent eviction.
"Furbearing mammal"
means the following species: mink, muskrat, raccoon, striped skunk,
long-tailed weasel, least weasel, bobcat, opossum, beaver, river otter, badger,
red fox, gray fox and coyote.
"Game bird" means the
following species: ruffed grouse, sharp-tailed grouse, northern bobwhite, gray
partridge, chukar, ring-necked pheasant, greater prairie chicken and wild turkey.
"Game mammal" means the
following species: cottontail rabbit, swamp rabbit, white-tailed deer, fox
squirrel, gray squirrel and groundhog (woodchuck).
"Governmental Body"
means a federal agency or any State entity authorized under State of Illinois laws,
including but not limited to counties, municipalities, townships or
special-purpose districts.
"Interior exclusion"
means sealing gaps, crevices or other means of access to living quarters of a
structure as part of a program to remove bats. Bats retain access to parts of a
structure that are not frequented by humans and the ability to enter and exit
this space until permanent eviction.
"Land set" means any
trap or similar device that is not placed or set in contact with flowing or
impounded water.
"Migratory bird" means
wild migratory game birds and wild resident and migratory nongame birds
protected by Section 2.2 of the Wildlife Code.
"Other mammals" means
flying squirrel, red squirrel, eastern woodrat, golden mouse, rice rat and Franklin's
ground squirrel.
"Permanent eviction"
means use of exterior exclusion and installation of one-way doors, valves or
vents that allow bats to exit a structure but bar re-entry. Locations of these devices
are sealed permanently after eviction of bats.
"Permit" or
"Nuisance Wildlife Control Permit" is the granting of permission by
DNR, under the authority of the Wildlife Code, to an individual or entity to
take, possess, transport or dispose of protected species within Illinois. The types
of permits are:
Class A: Commercial
– Mammals and Game Birds
Class B: Zoos,
or Botanical Gardens or Landowners/Tenants Applying to Take Migratory Birds on
Their Property in Accordance with a Federal Permit
Class C: Governmental
– Mammals and Game Birds
Class D: Commercial
– Migratory Birds
Class E: Governmental
– Migratory Birds
"Protected species"
means wild birds and mammals protected by Section 2.2 of the Wildlife Code.
"Restricted pesticide"
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest, the use of which has been
categorized as restricted under the Federal Insecticide, Fungicide, and Rodenticide
Act (7 USC 136), as amended, or under the Illinois Pesticide Act [415 ILCS 60].
"Submersion set" means a
device that is set underwater or a water set that employs a slide wire or
tangle stake.
"Take" means hunt,
shoot, pursue, lure, kill, destroy, capture, gig, spear, trap or ensnare, or
attempt to do so.
"Water set" means any
trap or similar device that is placed or set in contact with flowing or
impounded water.
"Wildlife Code" or
"Code" means the Illinois Wildlife Code [520 ILCS 5].
(Source: Added at 41 Ill. Reg. 8476,
effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.20 REQUIREMENTS, APPLICATION AND PERMIT PROCEDURES
Section 525.20 Requirements,
Application and Permit Procedures
a) Any individual desiring to take game mammals, furbearing
mammals, other mammals, game birds, or bats, or to provide services for the
exclusion and/or eviction of bats, that are causing damage to property or risks
to human health or safety on the land of another, for a fee, must first obtain
a valid Class A Nuisance Wildlife Control Permit from the Department.
b) Not-for-profit (501(c)(3)) zoos and botanical gardens desiring
to take protected species that are causing damage to property, risks to human
health or safety, or risks to specimens on lands owned by that entity must
first obtain a valid Class B Nuisance Wildlife Control Permit from the
Department. Landowners and tenants who desire to take migratory birds on their
property, in accordance with a valid federal permit, and without the aid of a
Class D or Class E permit, must first obtain a valid Class B permit from the
Department.
c) Any governmental body desiring to take game mammals,
furbearing mammals, other mammals (e.g., bats) or game birds that are causing
damage to property or risks to human health or safety must first obtain a valid
Class C Nuisance Wildlife Control Permit from the Department.
d) Any
individual desiring to take migratory birds that are causing damage to
property, risks to human health or safety, or nuisances on the land of another,
for a fee, must first obtain a valid Class D Nuisance Wildlife Control Permit
from the Department.
e) Any
governmental body desiring to take migratory birds that are causing damage to
property, risks to human health or safety, or nuisances on lands governed,
owned or managed by that governmental body must first obtain a valid Class E
Nuisance Wildlife Control Permit.
f) Permit
Procedures
1) To be eligible for a Class A or Class D permit the applicant
must be at least 18 years of age.
2) Application for a permit shall be made on forms provided by
the Department.
3) The Department shall issue a Class A permit to an individual
provided the applicant has:
A) met the eligibility requirements of subsection (f)(1);
B) achieved a score of at least 80% on a closed-book, written examination
administered by the Department that tests the applicant's knowledge and
understanding of:
i) this Part;
ii) Sections 2.37 and 2.38 of the Code;
iii) the Illinois List of Endangered and Threatened Fauna (17 Ill.
Adm. Code 1010);
iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];
v) "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" (9 CFR 3, subpart
F);
vi) Disease Free Certification and Quarantine Provisions for
Propagation, Release, Importation, Exportation, and Transportation of Game
Mammals, Game Birds, Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code
630); and
vii) diseases, life cycles, habits and habitats of game mammals,
furbearing mammals, other mammals, bats and game birds, as well as methods of
preventing or controlling damage and risks to human health or safety caused by
these species.
C) completed
a Hunter Safety Course administered by the Department or provided proof of
equivalent training if guns are to be used to take or euthanize animals.
Submission of discharge papers from the military (DD 214) showing certification
as a marksman, sharpshooter or expert is considered proof of equivalent
training.
4) The Department shall issue a Class B permit to a landowner or
tenant provided the applicant has:
A) met the eligibility requirements of subsection (f)(1);
B) provided a copy of his or her valid federal permit for taking
migratory birds; and
C) completed a Hunter Safety Course administered by the Department
or provided proof of equivalent training if guns are to be used to take or
euthanize animals. Submission of discharge papers from the military (DD 214)
showing certification as a marksman, sharpshooter or expert is considered proof
of equivalent training.
5) Authorization
granted to landowners or tenants and their agents for taking migratory birds is
limited to properties owned or leased by those individuals and subject to
refusal, revocation and/or suspension pursuant to subsections (g) though (j) of
this Section and Section 525.80.
6) The Department shall issue a Class B permit to a
not-for-profit (501(c)(3)) zoo provided that entity is accredited by the
American Zoological Association. The Department shall issue a Class B permit to
a not-for-profit (501(c)(3)) botanical garden provided that entity is a member
of the American Arboreta and Botanic Garden Association. Authorization granted
to not-for-profit zoos and botanical gardens is limited to properties owned by
those entities and subject to refusal, revocation and/or suspension pursuant to
subsections (g) through (j) of this Section and Section 525.80.
7) The
Department shall issue a Class D permit to an individual provided the applicant
has:
A) met the eligibility
requirements of subsection (f)(1);
B) achieved
a score of at least 80% on a closed book, written examination that tests the applicant's
knowledge of:
i) this Part;
ii) Sections 2.37 and 2.38
of the Code;
iii) the
Illinois List of Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);
iv) the Illinois Dead
Animal Disposal Act [225 ILCS 610];
v) Disease
Free Certification and Quarantine Provisions for Propagation, Release,
Importation, Exportation, and Transportation of Game Mammals, Game Birds,
Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code 630);
vi) federal regulations (50
CFR 21.41); and
vii) diseases,
life cycles, habits and habitats of migratory birds, as well as methods of
preventing or controlling damage, risks to human health and safety, or
nuisances caused by migratory birds.
8) Applicants
failing the required examination may repeat the exam after 45 days. Should a
second failure occur, a 6-month waiting period from the date of the second exam
is required. The examination sequence can be repeated no more than twice
during any 2-year period.
9) The
Department shall issue a Class C or Class E permit to a governmental body upon approval
of an application.
g) Violation of the Illinois Endangered Species Protection Act
[520 ILCS 10], the Fish Code of 1971 [520 ILCS 5] or the Wildlife Code during
the 3 years prior to application for a Class A or Class D permit shall be
grounds for refusal to issue said permit.
h) Providing
incomplete, deceptive or false information on an application shall be grounds
for refusal to issue a permit. Providing deceptive or false information on an
application is a Class A misdemeanor (see Section 2.38 of the Code).
i) Permittees
who have allowed their permits to expire or had their permits revoked or
suspended for more than 60 days must reapply and retake any examinations
required for issuance of Class A and Class D permits.
j) Final judgement of applications shall be made by the Chief,
Division of Wildlife Resources, or his/her designee, based on criteria in this Section
and Section 525.80.
k) Class
A, B and C permits shall be issued on an annual basis and expire January 31 of
each year, except that:
1) permits
issued to first-time applicants between November 1 and January 31 shall expire
on January 31 of the following year;
2) Class
B permits issued to landowners and tenants for control of migratory birds on
their property may be issued for a period of time that coincides with their federal
permit.
l) Class
D and E permits shall be issued on an annual basis and expire on September 1 of
each year.
(Source: Amended at 44 Ill.
Reg. 11474, effective June 29, 2020)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.30 GENERAL PROVISIONS
Section 525.30 General
Provisions
a) Nuisance Wildlife Control Permits are not transferable.
b) Under no circumstances shall a Nuisance Wildlife Control
Permit be used in lieu of a scientific collector's permit (see 520 ILCS 5/3.22)
or sport or commercial licenses (see 520 ILCS 5/3.1, 3.3 and 3.27).
c) The Nuisance Wildlife Control Permit or an electronic/digital
copy 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).
d) 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. Violation is a petty offense (see
Section 2.37 of the Code).
e) A
Class A Nuisance permittee is an industrial user as listed in the Hypodermic
Syringes and Needles Act [720 ILCS 635].
f) It is
unlawful for any person to take any protected species during the firearm deer
hunting season in those counties open to firearm deer hunting, unless he or she
wears, when in the field, a cap and outer garment of a solid blaze orange
color, with those articles of clothing displaying a minimum of 400 square
inches of blaze orange material. Violation is a Class B misdemeanor (see Section
2.33(ff) of the Code).
g) The taking of white-tailed deer is prohibited except for the
salvage and disposal of dead white-tailed deer in accordance with Section
525.45.
h) The
taking of bats is prohibited except as provided in Sections 525.55 and 525.75.
i) The taking of game birds is prohibited except as provided in
Section 525.60.
j) The taking of migratory birds is prohibited except as
provided in Sections 525.65 and 525.75.
k) The taking of bald or golden eagles and species classified as
endangered or threatened under the Illinois Endangered Species Protection Act (see
the list of species in 17 Ill. Adm. Code 1010) is prohibited.
(Source: Amended at 44 Ill.
Reg. 11474, effective June 29, 2020)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.35 APPROVED METHODS OF TAKE: GAME MAMMALS, FURBEARING MAMMALS AND OTHER MAMMALS
Section 525.35 Approved Methods of Take: Game Mammals,
Furbearing Mammals and Other Mammals
a) Approved Land Sets
1) Only
the following devices may be used for land sets:
A) box traps, cage traps,
colony traps or traps of similar design;
B) enclosed
foot-hold traps with a single access opening no larger than 3 square inches;
examples of approved devices include, but are not limited to, EGG®,
D-P® (Dog-Proof) and L'il Grizz® traps;
C) cushion-hold; offset
laminated and wide-jaw foot-hold traps that:
i) are
listed by the Association of Fish and Wildlife Agencies as Best Management
Practices for Trapping Coyotes in the Eastern United States (http://www.fishwildlife.org/files/
EasternCoyote_BMP_2016.pdf); and
ii) have an inside jaw
spread of 6½ inches (16.6 cm) or less;
D) body-gripping
traps powered by two springs and having an inside jaw spread of no larger than
49 square inches may be used if set inside a residence at least 4 inches from
any outside surface of the structure or set outdoors at least 8 feet from the
ground and enclosed in a tube, cylinder or open-ended box constructed of solid
wood, metal or plastic so that the trigger of the trap is located at least 12
inches from any entrance to the enclosure in which it is set.
2) Violation is a Class B
misdemeanor (see Section 2.33(a) of the Code).
b) Approved Water Sets
1) Only the following
devices may be used for water sets:
A) body-gripping
traps;
B) cushion-hold
traps;
C) foot-hold
traps;
D) enclosed
foot-hold traps with a single access opening no larger than 3 square inches;
examples of approved devices include, but are not limited to, EGG®,
D-P® (Dog-Proof) and L'il Grizz® traps;
E) Bailey
beaver traps, Hancock beaver traps or traps of similar design;
F) colony
traps, cage traps, box traps or traps of similar design;
G) snares
that are not powered by springs or other mechanical devices (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;
2) Devices
listed in subsection (b)(1) may be used for submersion sets.
3) Violation
is a Class B misdemeanor (see Section 2.33(a) of the Code).
c) Use of traps is subject
to the following restrictions:
1) 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 Section 2.33(a) of the Code).
A) Permittees
who rent, lend or otherwise transfer traps to clients, citizens or other
parties (i.e., the second parties) who are not under the direct supervision of
the permittee 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 second party. Any animals taken by a
second party must be reported by the permittee in accordance with Section
525.70(f).
B) Remote
trap checking systems may be used in lieu of physical visits when those
systems:
i) are
used in accordance with the manufacturer's specifications;
ii) have
a control unit that reports trap status to a centralized application database
at least once each calendar day;
iii) have
notification alarms that report trap closures and/or system health issues
within one hour after detection via email or text-based messaging systems; and
iv) have
on-demand control unit testing capabilities for determining trap status, signal
strength, and battery condition via remote system check-in.
C) Permittees
who use remote trap checking systems shall maintain records of trap status and
notification alarms for a period of no less than 7 days after receipt of
messages. Records shall be immediately available for inspection when a request
is made by an officer or authorized employee of the Department. Failure to
produce those records shall be prima facie evidence that traps were not checked
each calendar day.
2) 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 Section 2.33(a) of the Code).
3) It is
unlawful for any person to place, set, use or maintain a cushion-hold trap or
foot-hold trap in water if that trap 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 Section 2.33(a)
of the Code).
4) It is
unlawful to use any trap with saw-toothed, serrated, spiked or toothed jaws.
Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).
5) It is
unlawful for any person to place, set or maintain any foot-hold 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 water sets. Violation is a Class B misdemeanor (see Section 2.33(a)
of the Code).
6) 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 Section 2.33(v) of the
Code).
d) Use of guns is subject
to the following restrictions:
1) The use of guns shall
be subject to all State restrictions.
2) The
use of guns shall be subject to municipal restrictions unless otherwise
authorized in writing by an official of the municipality.
3) It is
unlawful for any person, except persons permitted by law, to have or carry any
gun in or on any vehicle or conveyance operated on public roadways, unless that
gun is unloaded and enclosed in a case. Violation is a Class B misdemeanor
(see section 2.33(n) of the Code).
4) It is
unlawful to fire a rifle, pistol, revolver, or air gun on, over or into any
waters of this State, including frozen waters, except when performing
euthanasia of game mammals or furbearing mammals that are restrained by traps.
Violation is a Class B misdemeanor (see Section 2.33(q) of the Code).
5) 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
Section 2.33(r) of the Code).
e) Commercially
available gas cartridges that emit carbon monoxide or carbon dioxide as primary
lethal agents may be used according to the manufacturer's specifications.
f) Drugs
that are acquired and dispensed in accordance with the Illinois Controlled
Substances Act [720 ILCS 570], U.S. Controlled Substances Act (21 USC 801 et
seq.), Federal Food, Drug, and Cosmetic Act (21 USC 301 through 3998), Animal
Medicinal Drug Clarification Act of 1994 (21 CFR 530) and U.S. Drug Enforcement
Administration Regulations (21 CFR 1301 et seq.) may be used to take protected species.
(Source: Former Section 525.35
renumbered to Section 525.65 and new Section 525.35 added at 41 Ill. Reg. 8476,
effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.40 PROHIBITED METHODS OF TAKE
Section 525.40 Prohibited
Methods of Take
a) It is
unlawful to use a restricted pesticide unless the applicator is licensed under
the Structural Pest Control Act [225 ILCS 235]. Violation is a Class B
misdemeanor.
b) It is
unlawful to use a deadfall, pit trap, spear, gig, hook, crossbow, poison, adhesive,
chemical, explosive or any like device to take any protected species, except as
allowed in Section 525.35(e) and (f). Violation is a Class B misdemeanor (see Section
2.33(a) of the Code).
(Source: Former Section
525.40 renumbered to Section 525.80 and new Section 525.40 added at 41 Ill.
Reg. 8476, effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.45 DISPOSITION OF ANIMALS
Section 525.45 Disposition of Animals
a) All
furbearing mammals and game mammals 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 are 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 Section 2.37 of the Code).
b) Bats
may be permanently evicted in accordance with Section 525.55, released alive in
accordance with Section 525.75, or transported to a local health department,
animal control office, or veterinarian for submission to a laboratory if there
is concern about human exposure to rabies. Violation is a Class B misdemeanor
(see Section 2.33 of the Code).
c) Migratory
birds and other mammals must be released alive or surrendered to a licensed
wildlife rehabilitator.
d) 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 Section 2.36 of the Code).
e) All
dead animals and eggs of migratory birds must be transferred to a licensed
renderer, disposed of at a licensed solid waste facility, 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).
f) All
animals released alive must be relocated into suitable habitat in the State of
Illinois within 24 hours after capture. Except as provided for in Section
525.45(a)(2), 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; this provision
does not apply to migratory birds, which may be released in suitable habitat
more than 40 miles from the capture site. Animals captured by duly appointed
representatives of municipalities may be relocated into suitable habitat less
than 10 miles from the capture site if this subsection would require the
release of animals on lands outside the municipality's jurisdiction. Violation
is a petty offense (see Section 2.37 of the Code).
g) Temporary
holding facilities and methods of transporting live animals 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" (9 CFR 3, Subpart F).
Violation is a petty offense (see Section 2.37 of the Code).
h) Release
of fauna onto public or private land requires written authorization from the
site superintendent, tenant or landowner. Violation is a petty offense (see Section
2.37 of the Code).
(Source: Added at 41 Ill. Reg. 8476,
effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.50 EUTHANASIA
Section
525.50 Euthanasia
a) Methods
of euthanasia must be approved by the Department and include such methods as:
1) captive
bolt, gunshot, cervical dislocation and stunning (mechanical only);
2) inhalants,
including halothane, isoflurane, carbon monoxide and carbon dioxide; and
3) noninhalants,
including barbiturates and barbiturate derivatives that are acquired and
dispensed in accordance with the Illinois Controlled Substances Act [720 ILCS
570], U.S. Controlled Substances Act (21 USC 801 et seq.), and U.S. Drug
Enforcement Administration Regulations (21 CFR 1301 et seq.) may be used for
euthanasia of mammals; acetone may be used for euthanasia of striped skunks.
b) Animals
captured under authority of this Part may be transferred to a euthanasia agency
(see 510 ILCS 72/25), if the agency agrees to accept them.
c) Violation is a Class B
misdemeanor.
(Source: Added at 41 Ill. Reg. 8476,
effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.55 BATS
Section
525.55 Bats
a) Bats
may not be shot, trapped, transported or held in confinement except as allowed
by Section 525.75.
b) Exterior and interior
exclusion may be performed at any time of the year.
c) Permanent eviction of
bats may be performed from:
1) March
15 through May 15 when outdoor temperatures are forecasted to exceed 50 degrees
F. at dusk for a minimum of 2 consecutive nights;
2) August
5 through October 30 when outdoor temperatures are forecasted to exceed 50
degrees F. at dusk for a minimum of 2 consecutive nights and the permittee has
made a reasonable attempt to determine young are capable of flight; and
3) May
16 through August 4 and October 31 through March 14 if the following conditions
are met:
i) Definitive
species identification and, if applicable, proper permits are issued by
Department staff to safely and legally handle State or federally threatened or
endangered species;
ii) Bats
have been found in the living quarters of a residence, in a place of business,
or within a building where people congregate;
iii) The Permittee
contacted Department staff at (217)785-2614 to request authority to permanently
evict bats from a structure;
iv) Department
staff has assessed the situation to determine if there is a human health and
safety hazard; staff may do so jointly with the local health department and
issue an official decision to the permittee within 2 business days after
notification; and
v) Property
owners and/or residents are informed of secondary health hazards that may
result from the exclusion of parents and death of flightless pups left in the
structure/residence.
d) Violation is a Class B
misdemeanor.
(Source:
Amended at 43 Ill. Reg. 9392, effective August 23, 2019)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.60 GAME BIRDS
Section
525.60 Game Birds
Prior to taking game birds pursuant to a Class A Nuisance
Wildlife Control Permit, the permittee must obtain prior written authorization
from the Department. The Department may limit methods of take and disposition
of game birds.
(Source: Added at 41 Ill. Reg. 8476, effective June
28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.65 MIGRATORY BIRDS
Section 525.65 Migratory Birds
a) Damage
to property or wildlife, risks to human health or safety, and nuisances caused
by migratory birds must be identifiable to an employee of the Department and
include, but are not limited to:
1) excessive
fecal matter accumulations on property;
2) damage
to turf, ornamental plantings, agricultural crops, structures or vehicles;
3) risks
to human safety, such as human conflicts with aggressive birds and vehicle
collisions with birds;
4) risks
to human health as identified or reasonably expected by a Department Wildlife
Biologist or Conservation Police Officer in consultation with any public health
official or medical doctor;
5) excessive,
bothersome noise in residential or commercial areas; and
6) excessive
damage to other species of wildlife, such as competition for nesting sites or
territory or damage to vegetation necessary for the well being of other
wildlife species.
b) Except
as provided in Section 525.75, the taking of migratory birds protected by
federal regulations (50 CFR 10.13) requires authorization from the U.S. Fish
and Wildlife Service and written approval from the Department for each site
where the taking will occur.
c) Class
D and Class E permittees must comply with provisions of permits issued by the
U.S. Fish and Wildlife Service and any additional restrictions imposed by the
Department.
d) Methods
of destroying eggs of migratory birds are limited to addling, oiling,
puncturing, and removal and disposal in accordance with Section 525.45(e).
(Source: Section 525.65 renumbered
from Section 525.35 and amended at 41 Ill. Reg. 8476, effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.70 BUSINESS PRACTICES
Section 525.70 Business Practices
a) 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 Section 2.33(x) of the Code).
b) Taking
of fauna on private properties by Class A and Class D permittees requires the
landowner's or tenant's written permission. Violation is a Class B misdemeanor
(see Section 2.33(t)of the Code).
c) Taking
of fauna on State-owned, -leased, or -managed lands requires written
authorization from the Site Superintendent or District Wildlife Biologist.
d) Permittees
shall describe to the persons seeking services the estimated cost and types of
methods to be used to alleviate damage to property, risks to human health or
safety, and nuisances caused by protected species.
e) Class
A and D permittees shall issue a receipt to each client showing the permittee's
name and address or name and address of the business he or she represents, the
client's name and address, services provided, and fees charged for services.
f) Class
A, B and C permittees shall maintain accurate records of services provided to
clients under authority of this Section and submit an annual report to the
Department showing the following information: number of complaints serviced;
name, address and phone number of the permittee; number and kinds of animals
relocated, killed and surrendered to rehabilitators; name, address and phone
number of any site supervisor, tenant or landowner on whose property animals
were released; and locations where animals were released. 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.
g) Class
D and E permittees shall maintain accurate records of services provided to
clients under authority of this Section and submit an annual report to the
Department on forms provided by the Department showing the following
information for each property where services were rendered: site name (if
any); street address, city and county where services were rendered; name,
address and phone number of the landowner, tenant or property manager where
activities occurred; and the species and number of nests, eggs or migratory
birds destroyed. Reports shall be made on or before September 1 of each year
and include activities conducted from September 2 through August 31 of the most
recent 12-month period.
h) Reports
and records required by this Section shall be available for inspection, upon
request, by any officer or authorized employee of the Department, any sheriff
or deputy sheriff, or any other peace officer at any reasonable time.
(Source: Added at 41 Ill. Reg. 8476,
effective June 28, 2017)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.75 EXCEPTIONS TO PERMIT REQUIREMENTS AND PROVISIONS
Section
525.75 Exceptions to Permit Requirements and Provisions
a) Activities
performed in accordance with this Section do not require authorization from the
Department or issuance of any permit by the Department.
1) Any
person may capture a bat alive when found in the living quarters of a structure
and immediately release it outdoors.
2) Any
person may capture a bat alive when found in the living quarters of a structure
and transport it to a local health department, animal control office, or veterinarian
for submission to a laboratory if there is concern about human or domestic
animal exposure to rabies. Examples of circumstances that warrant concern about
exposure to rabies include:
A) a
person confirms he or she was bitten or scratched by a bat;
B) a
person confirms he or she had direct (skin) contact with a bat, such as
handling it without gloves;
C) at any
time, a bat was present while a person was asleep, unconscious or intoxicated;
D) at any
time, a bat was present while a person unable to comprehend or communicate
possible risk of exposure to rabies was alone with a bat;
E) at any
time, the presence of bats is deemed to be a human health and safety hazard by
a municipal or county health department and/or the Illinois Department of Public
Health.
3) Any
owner or tenant of lands, including operations, associations and governmental
bodies, and agents acting on their behalf, may scare or herd away migratory
birds that are not incubating eggs or raising dependent young when the
migratory birds are causing damage to property, risks to human health or
safety, or nuisances. Approved methods of scaring include, but are not limited
to:
A) noise-making
devices such as propane cannons, air horns, distress calls, whistles, blank
shells, cracker shells, or pyrotechnic devices such as bangers and screamers
used in accordance with federal regulations (27 CFR 555) and local ordinances;
B) visual
methods such as flash tape, balloons, flags, vehicles, fencing,
radio-controlled vehicles, dogs or nonharmful light-emitting devices; and
C) chemical
repellants that are registered for the nonlethal control of birds by USEPA.
4) In
accordance with federal regulations (50 CFR 21.43) and Section 525.35(d), any
person who has written permission from the landlord or tenant may remove or
destroy, by use of a shotgun, air gun or traps, and only on or over the
threatened area, any red-winged blackbirds, Brewer's blackbirds, cowbirds,
grackles and crows when they are causing serious injuries to agricultural crops,
horticultural crops, livestock feed, or wildlife recognized by the Department or
U.S. Fish and Wildlife Service as species that are endangered, threatened,
candidates for listing, or of special concern, or when causing a health hazard
or structural property damage.
5) Subject
to the Bald and Golden Eagle Protection Act (16 USC 668) and Section 3 of the
Illinois Endangered Species Protection Act [520 ILCS 10], any landowner or
tenant and his or her agents may destroy nests of birds that do not contain
eggs or dependent young, provided that no possession occurs during destruction.
This authority is limited to property owned or leased by the landowner or
tenant.
6) Any
person may capture a migratory bird that is trapped inside a building or
structure and immediately release it outdoors or, if the bird is injured,
exhausted or ill, transfer it to a licensed wildlife rehabilitator in
accordance with federal regulations (50 CFR 21.12).
7) Any
person may dispose of a dead migratory bird in accordance with Section
525.45(e).
b) Drainage
districts may control beavers in accordance with Section 2.37 of the Code.
c) Recipients
of Nuisance Animal Removal Permits, Deer Removal Permits, and Deer Population
Control Permits issued under Section 2.37 of the Code are exempt from this
Part.
(Source: Amended at 43 Ill. Reg. 9392,
effective August 23, 2019)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.80 REVOCATION AND SUSPENSION OF PERMITS: HEARINGS AND APPEALS
Section 525.80 Revocation and Suspension of Permits: Hearings
and Appeals
a) In
accordance with Sections 2.38 and 3.36 of the Code, failure to comply with the
Nuisance Wildlife Control Permit, Section 2.37 of the Code, federal regulations
or this Part shall result in suspension or revocation of the permit.
Suspension shall be for a period of not less than one year.
b) Applicants
who photograph or otherwise reproduce the qualifying exam for a Class A or
Class D permit shall be barred from obtaining a permit for a period of 5 years.
c) Failure
to submit an annual report to the Department by the due date shall result in a
suspension of up to 60 days pending submission of the report. Failure to
submit an annual report to the Department within 61 days after the due date
shall result in revocation of the permit for a period of one year from the due
date for reporting and require reapplication, including scoring at least 80% on
a written examination, for issuance of Class A and Class D permits.
d) Upon
receiving three or more complaints about services rendered by a permittee, the
Department shall review allegations and shall immediately suspend the permit of
that permittee for a period not to exceed 60 days pending an investigation.
e) The
procedure by which suspensions and revocations are made, the rights of
permittees to notice and hearing, and the procedures governing those hearings
are set forth in 17 Ill. Adm. Code 2530.
(Source: Section 525.80 renumbered
from Section 525.40 and amended at 41 Ill. Reg. 8476, effective June 28, 2017)
Section 525.EXHIBIT A Application for Nuisance Wildlife Control Permit
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 525
NUISANCE WILDLIFE CONTROL PERMITS
SECTION 525.EXHIBIT A APPLICATION FOR NUISANCE WILDLIFE CONTROL PERMIT
Section 525.EXHIBIT A Application
for Nuisance Wildlife Control Permit
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Part 1.
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Personal Data
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Name
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First
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Middle
Initial
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Last
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Date of Birth
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Month
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Day
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Year
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Email Address
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Address
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Street
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City
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State
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Zip
Code
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Phone
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-
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Area Code
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Number
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Representing the following
company, organization or governmental body (if applicable):
_________________________________________________________
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Part 2.
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Type of permit applied for
(check one):
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Class A (Commercial −
Mammals and Game Birds)
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Class B* (Zoos and Botanical
Gardens or landowners and tenants applying for take of migratory birds on
their property in accordance with a federal permit)
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Class C (Governmental – Mammals
and Game Birds Only)
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Class D (Commercial –
Migratory Birds)
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Class E (Governmental –
Migratory Birds)
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*
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Zoos and botanical garden must
attach a copy of their Internal Revenue Service tax-exempt status
determination letter, professional accreditation, and a map or legal
description of their properties where wildlife will be controlled; landowners
and tenants desiring to take migratory birds on their property must attach a
copy of their Federal permit.
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Part 3.
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Work Area (Applicants for
Class A and D Permits only)
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A list of
permittees is distributed to District Wildlife Biologists and Conservation
Police Officers so that they can refer complainants to permittees who service
that area. Please list (in order of preference) up to four counties that you
service. This list will be used strictly for referrals; your activities are
not restricted to this area.
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County 1
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County 2
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County 3
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County 4
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I certify that all information
provided on this application is true and correct to the best of my
knowledge.
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Applicant's
Signature
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RETURN COMPLETED APPLICATIONS
TO:
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Illinois
Department of Natural Resources
Division of
Wildlife Resources
One
Natural Resources Way
Springfield IL 62702-1271
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(Source: Amended at 43 Ill.
Reg. 9392, effective August 23, 2019)
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