Full Text of HB5115 97th General Assembly
HB5115enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing Section | 5 | | 2.37 as follows:
| 6 | | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
| 7 | | Sec. 2.37. Authority to kill wildlife responsible for | 8 | | damage. Subject to
federal regulations and Section 3 of the | 9 | | Illinois Endangered Species Act, the Department may authorize | 10 | | owners
and
tenants of lands or their agents to remove or | 11 | | destroy any wild bird
or wild mammal when the wild bird or
wild | 12 | | mammal
is known to be destroying property or causing a risk to | 13 | | human health or
safety upon his or her land.
| 14 | | Upon receipt by the Department of information from the | 15 | | owner, tenant,
or sharecropper that any one or more species of | 16 | | wildlife is damaging dams, levees, ditches, cattle pastures, or | 17 | | other
property on the land on which he resides or controls, | 18 | | together with a
statement regarding location of the property | 19 | | damages, the nature and
extent of the damage, and the | 20 | | particular species of wildlife committing
the damage, the | 21 | | Department shall make an investigation.
| 22 | | If, after investigation, the Department finds
that damage | 23 | | does exist and
can be abated only by removing or destroying
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| 1 | | that wildlife, a permit shall be
issued by the Department to | 2 | | remove or destroy the species responsible for causing
the | 3 | | damage.
| 4 | | A permit to control
the damage shall be for a period of up | 5 | | to 90 days,
shall specify the means and methods by which and | 6 | | the person or persons
by whom the wildlife may be removed or | 7 | | destroyed, and shall set forth the
disposition procedure to be | 8 | | made of all wildlife taken and other
restrictions the Director
| 9 | | considers necessary and appropriate in the
circumstances of the | 10 | | particular case. Whenever possible, the specimens
destroyed | 11 | | shall be given to a bona-fide public or State scientific,
| 12 | | educational, or zoological institution.
| 13 | | The permittee shall advise the
Department in writing, | 14 | | within 10 days after the expiration date of
the permit, of the | 15 | | number of individual species of wildlife
taken, disposition | 16 | | made of them, and any other information which
the Department | 17 | | may consider necessary.
| 18 | | Subject to federal regulations and Section 3 of the | 19 | | Illinois Endangered
Species Act, the Department may grant to an | 20 | | individual,
corporation,
association or a governmental body | 21 | | the authority
to control species protected by this Code. The | 22 | | Department
shall set forth applicable regulations
in an | 23 | | Administrative Order and may require periodic reports listing | 24 | | species
taken, numbers of each species taken, dates when taken, | 25 | | and other pertinent
information.
| 26 | | Drainage Districts shall have the authority to control |
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| 1 | | beaver provided
that they must notify the Department in writing | 2 | | that a problem exists and
of their intention to trap the | 3 | | animals at least 7 days before the trapping
begins. The | 4 | | District must identify traps used in beaver control outside
the | 5 | | dates of the furbearer trapping season with metal tags with the | 6 | | district's
name legibly inscribed upon them. During the | 7 | | furtrapping season, traps
must be identified as prescribed by | 8 | | law. Conibear traps at least size 330
shall be used except | 9 | | during the statewide furbearer trapping season. During
that | 10 | | time trappers may use any device that is legal according to the | 11 | | Wildlife
Code. Except during the statewide furbearer trapping | 12 | | season, beaver traps
must be set in water at least 10 inches | 13 | | deep. Except during the statewide
furbearer trapping season, | 14 | | traps must be set within 10 feet of an inhabited
bank burrow or | 15 | | house and within 10 feet of a dam maintained by a beaver.
No | 16 | | beaver or other furbearer taken outside of the dates for the | 17 | | furbearer
trapping season may be sold. All animals must be | 18 | | given to the nearest
conservation officer or other Department | 19 | | of Natural Resources representative
within 48 hours
after they | 20 | | are caught. Furbearers taken during the fur trapping season
may | 21 | | be sold provided that they are taken by persons who have valid | 22 | | trapping
licenses in their possession and are lawfully taken. | 23 | | The District must
submit an annual report showing the species | 24 | | and numbers of animals caught.
The report must indicate all | 25 | | species which were taken.
| 26 | | (Source: P.A. 91-654, eff. 12-15-99; revised 11-18-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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