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)