Public Act 097-0959
 
HB5115 EnrolledLRB097 17905 CEL 63128 b

    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. 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.
    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, 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 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.
    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. 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.
    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 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 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.
(Source: P.A. 91-654, eff. 12-15-99; revised 11-18-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.