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Public Act 103-0611 | ||||
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AN ACT concerning wildlife. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Wildlife Code is amended by changing | ||||
Section 2.37 as follows: | ||||
(520 ILCS 5/2.37) (from Ch. 61, par. 2.37) | ||||
Sec. 2.37. Authority to kill wildlife responsible for | ||||
damage. | ||||
(a) Subject to federal regulations and Section 3 of the | ||||
Illinois Endangered Species Protection Act, the Department may | ||||
authorize owners and tenants of lands or their agents, who are | ||||
performing the service without fee or compensation, 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. | ||||
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. |
If, after investigation, the Department finds that damage | ||
does exist and can be abated only by removing or destroying | ||
that wildlife, a permit shall be issued by the Department to | ||
remove or destroy the species responsible for causing the | ||
damage. | ||
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, without fee or compensation, and shall set forth | ||
the disposition procedure to be made of all wildlife taken and | ||
other restrictions the Director considers necessary and | ||
appropriate in the circumstances of the particular case. | ||
Whenever possible, the specimens destroyed shall be given to a | ||
bona fide bona-fide public or State scientific, educational, | ||
or zoological institution. | ||
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. | ||
(b) Subject to federal regulations and Section 3 of the | ||
Illinois Endangered Species Protection Act, the Department may | ||
grant the authority to control species protected by this Code | ||
pursuant to the issuance of a Nuisance Wildlife Control Permit | ||
to: | ||
(1) any person who is providing such service or |
solicits customers for themselves or on behalf of a | ||
nuisance wildlife control permit holder for a fee or | ||
compensation; | ||
(2) a governmental body; or | ||
(3) a nonprofit or other charitable organization. | ||
The Department shall set forth applicable regulations in | ||
an Administrative Order and may require periodic reports | ||
listing species taken, numbers of each species taken, dates | ||
when taken, and other pertinent information. | ||
Any person operating under a Nuisance Wildlife Control | ||
Permit who subcontracts the operation of nuisance wildlife | ||
control to another shall ensure that such subcontractor | ||
possesses a valid Nuisance Wildlife Control Permit issued by | ||
the Department. The person must maintain a record of the | ||
subcontractor including the subcontractor's name, address, and | ||
phone number, and type of work to be performed, for a period of | ||
not less than 2 years from the date the subcontractor is no | ||
longer performing services on behalf of the person. The | ||
records shall be presented to an authorized employee of the | ||
Department or law enforcement officer upon request for | ||
inspection. | ||
Any person operating without the required permit as | ||
outlined under this subsection (b) or in violation of this | ||
subsection (b) is deemed to be taking, attempting to take, | ||
disturbing, or harassing wildlife contrary to the provisions | ||
of this Code, including the taking or attempting to take such |
species for commercial purposes as outlined in Sections 2.36 | ||
and 2.36a of this Code. Any devices and equipment, including | ||
vehicles, used in violation of this subsection (b) may be | ||
subject to the provisions of Section 1.25 of this Code. | ||
Any person properly permitted and operating under the | ||
provisions of this subsection is exempt from the provisions of | ||
this Act except as limited by administrative rule adopted by | ||
the Department. | ||
(c) Except when operating under subsection (b) of this | ||
Section, drainage districts district fur trapping unless | ||
otherwise instructed by the Department district This authority | ||
only extends to control of beavers. Any other protected | ||
species must be controlled pursuant to subsection (b) or (c). | ||
(c) 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. | ||
(d) 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 Code 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; 103-37, eff. 6-9-23; | ||
103-225, eff. 6-30-23; revised 8-28-23.) |