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| Public Act 103-0225 | ||||
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing | ||||
Section 2.37 as follows:
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(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
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Sec. 2.37. Authority to kill wildlife responsible for | ||||
damage. Subject to
federal regulations and Section 3 of the | ||||
Illinois Endangered Species Act, the Department may authorize | ||||
owners
and
tenants of lands or their agents to remove or | ||||
destroy any wild bird
or wild mammal when the wild bird or
wild | ||||
mammal
is known to be destroying property or causing a risk to | ||||
human health or
safety upon his or her land.
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Upon receipt by the Department of information from the | ||||
owner, tenant,
or sharecropper that any one or more species of | ||||
wildlife is damaging dams, levees, ditches, cattle pastures, | ||||
or other
property on the land on which he resides or controls, | ||||
together with a
statement regarding location of the property | ||||
damages, the nature and
extent of the damage, and the | ||||
particular species of wildlife committing
the damage, the | ||||
Department shall make an investigation.
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If, after investigation, the Department finds
that damage | ||||
does exist and
can be abated only by removing or destroying
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that wildlife, a permit shall be
issued by the Department to | ||
remove or destroy the species responsible for causing
the | ||
damage.
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A permit to control
the damage shall be for a period of up | ||
to 90 days,
shall specify the means and methods by which and | ||
the person or persons
by whom the wildlife may be removed or | ||
destroyed, and shall set forth the
disposition procedure to be | ||
made of all wildlife taken and other
restrictions the Director
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considers necessary and appropriate in the
circumstances of | ||
the particular case. Whenever possible, the specimens
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destroyed shall be given to a bona-fide public or State | ||
scientific,
educational, or zoological institution.
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The permittee shall advise the
Department in writing, | ||
within 10 days after the expiration date of
the permit, of the | ||
number of individual species of wildlife
taken, disposition | ||
made of them, and any other information which
the Department | ||
may consider necessary.
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Subject to federal regulations and Section 3 of the | ||
Illinois Endangered
Species Act, the Department may grant to | ||
an individual,
corporation,
association or a governmental body | ||
the authority
to control species protected by this Code | ||
pursuant to the issuance of a Nuisance Wildlife Control | ||
Permit. The Department
shall set forth applicable regulations
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in an Administrative Order and may require periodic reports | ||
listing species
taken, numbers of each species taken, dates | ||
when taken, and other pertinent
information.
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Drainage Districts shall have the authority to control | ||
beaver provided
that they must notify the Department in | ||
writing that a problem exists and
of their intention to trap | ||
the animals at least 7 days before the trapping
begins. The | ||
District must identify traps used in beaver control outside
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the dates of the furbearer trapping season with metal tags | ||
with the district's
name legibly inscribed upon them. During | ||
the furtrapping season, traps
must be identified as prescribed | ||
by law. Conibear traps at least size 330
shall be used except | ||
during the statewide furbearer trapping season. During
that | ||
time trappers may use any device that is legal according to the | ||
Wildlife
Code. Except during the statewide furbearer trapping | ||
season, beaver traps
must be set in water at least 10 inches | ||
deep. Except during the statewide
furbearer trapping season, | ||
traps must be set within 10 feet of an inhabited
bank burrow or | ||
house and within 10 feet of a dam maintained by a beaver.
No | ||
beaver or other furbearer taken outside of the dates for the | ||
furbearer
trapping season may be sold. All animals must be | ||
given to the nearest
conservation officer or other Department | ||
of Natural Resources representative
within 48 hours
after they | ||
are caught. Furbearers taken during the fur trapping season
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may be sold provided that they are taken by persons who have | ||
valid trapping
licenses in their possession and are lawfully | ||
taken. The District must
submit an annual report showing the | ||
species and numbers of animals caught.
The report must | ||
indicate all species which were taken.
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The location of traps or snares authorized under this | ||
Section, either by the Department or any other governmental | ||
body with the authority to control species protected by this | ||
Code, shall be exempt from the provisions of the Freedom of | ||
Information Act. | ||
A drainage district or road district or the designee of a | ||
drainage district or road district shall be exempt from the | ||
requirement to obtain a permit to control nuisance muskrats or | ||
beavers if all
applicable provisions for licenses are complied | ||
with and any
trap types and sizes used are in compliance with | ||
this Act,
including marking or identification. The designee of | ||
a drainage district or road district
must have a signed and | ||
dated written authorization from the
drainage district or road | ||
district in possession at all
times when conducting activities | ||
under this Section. This
exemption from obtaining a permit | ||
shall be valid only upon
property owned, leased, or controlled | ||
by the drainage
district or road district. For the purposes of | ||
this Section, "road district" includes a township road | ||
district. | ||
(Source: P.A. 102-524, eff. 8-20-21.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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