Illinois General Assembly - Full Text of SB1745
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Full Text of SB1745  103rd General Assembly




SB1745 EnrolledLRB103 26822 RLC 53186 b

1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Wildlife Code is amended by changing
5Section 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
8damage. Subject to federal regulations and Section 3 of the
9Illinois Endangered Species Act, the Department may authorize
10owners and tenants of lands or their agents to remove or
11destroy any wild bird or wild mammal when the wild bird or wild
12mammal is known to be destroying property or causing a risk to
13human health or safety upon his or her land.
14    Upon receipt by the Department of information from the
15owner, tenant, or sharecropper that any one or more species of
16wildlife is damaging dams, levees, ditches, cattle pastures,
17or other property on the land on which he resides or controls,
18together with a statement regarding location of the property
19damages, the nature and extent of the damage, and the
20particular species of wildlife committing the damage, the
21Department shall make an investigation.
22    If, after investigation, the Department finds that damage
23does exist and can be abated only by removing or destroying



SB1745 Enrolled- 2 -LRB103 26822 RLC 53186 b

1that wildlife, a permit shall be issued by the Department to
2remove or destroy the species responsible for causing the
4    A permit to control the damage shall be for a period of up
5to 90 days, shall specify the means and methods by which and
6the person or persons by whom the wildlife may be removed or
7destroyed, and shall set forth the disposition procedure to be
8made of all wildlife taken and other restrictions the Director
9considers necessary and appropriate in the circumstances of
10the particular case. Whenever possible, the specimens
11destroyed shall be given to a bona-fide public or State
12scientific, educational, or zoological institution.
13    The permittee shall advise the Department in writing,
14within 10 days after the expiration date of the permit, of the
15number of individual species of wildlife taken, disposition
16made of them, and any other information which the Department
17may consider necessary.
18    Subject to federal regulations and Section 3 of the
19Illinois Endangered Species Act, the Department may grant to
20an individual, corporation, association or a governmental body
21the authority to control species protected by this Code
22pursuant to the issuance of a Nuisance Wildlife Control
23Permit. The Department shall set forth applicable regulations
24in an Administrative Order and may require periodic reports
25listing species taken, numbers of each species taken, dates
26when taken, and other pertinent information.



SB1745 Enrolled- 3 -LRB103 26822 RLC 53186 b

1    Drainage Districts shall have the authority to control
2beaver provided that they must notify the Department in
3writing that a problem exists and of their intention to trap
4the animals at least 7 days before the trapping begins. The
5District must identify traps used in beaver control outside
6the dates of the furbearer trapping season with metal tags
7with the district's name legibly inscribed upon them. During
8the furtrapping season, traps must be identified as prescribed
9by law. Conibear traps at least size 330 shall be used except
10during the statewide furbearer trapping season. During that
11time trappers may use any device that is legal according to the
12Wildlife Code. Except during the statewide furbearer trapping
13season, beaver traps must be set in water at least 10 inches
14deep. Except during the statewide furbearer trapping season,
15traps must be set within 10 feet of an inhabited bank burrow or
16house and within 10 feet of a dam maintained by a beaver. No
17beaver or other furbearer taken outside of the dates for the
18furbearer trapping season may be sold. All animals must be
19given to the nearest conservation officer or other Department
20of Natural Resources representative within 48 hours after they
21are caught. Furbearers taken during the fur trapping season
22may be sold provided that they are taken by persons who have
23valid trapping licenses in their possession and are lawfully
24taken. The District must submit an annual report showing the
25species and numbers of animals caught. The report must
26indicate all species which were taken.



SB1745 Enrolled- 4 -LRB103 26822 RLC 53186 b

1    The location of traps or snares authorized under this
2Section, either by the Department or any other governmental
3body with the authority to control species protected by this
4Code, shall be exempt from the provisions of the Freedom of
5Information Act.
6    A drainage district or road district or the designee of a
7drainage district or road district shall be exempt from the
8requirement to obtain a permit to control nuisance muskrats or
9beavers if all applicable provisions for licenses are complied
10with and any trap types and sizes used are in compliance with
11this Act, including marking or identification. The designee of
12a drainage district or road district must have a signed and
13dated written authorization from the drainage district or road
14district in possession at all times when conducting activities
15under this Section. This exemption from obtaining a permit
16shall be valid only upon property owned, leased, or controlled
17by the drainage district or road district. For the purposes of
18this Section, "road district" includes a township road
20(Source: P.A. 102-524, eff. 8-20-21.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.