State of Illinois
2023 and 2024


Introduced 2/9/2024, by Rep. Lawrence "Larry" Walsh, Jr.


520 ILCS 5/2.37  from Ch. 61, par. 2.37

    Amends the Wildlife Code. Authorizes the Department of Natural Resources to issue a Nuisance Wildlife Control Permit not only to any person who is providing nuisance wildlife control services for a fee or compensation, but also to any person who solicits customers for themselves or on behalf of a nuisance wildlife control permit holder for a fee or compensation. Provides that a drainage district or road district or the designee of a drainage district or road district is exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if certain requirements are met.

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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
9    (a) Subject to federal regulations and Section 3 of the
10Illinois Endangered Species Protection Act, the Department may
11authorize owners and tenants of lands or their agents, who are
12performing the service without fee or compensation, to remove
13or destroy any wild bird or wild mammal when the wild bird or
14wild mammal is known to be destroying property or causing a
15risk to human health or safety upon his or her land.
16    Upon receipt by the Department of information from the
17owner, tenant, or sharecropper that any one or more species of
18wildlife is damaging dams, levees, ditches, cattle pastures,
19or other property on the land on which he resides or controls,
20together with a statement regarding location of the property
21damages, the nature and extent of the damage, and the
22particular species of wildlife committing the damage, the
23Department shall make an investigation.



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1    If, after investigation, the Department finds that damage
2does exist and can be abated only by removing or destroying
3that wildlife, a permit shall be issued by the Department to
4remove or destroy the species responsible for causing the
6    A permit to control the damage shall be for a period of up
7to 90 days, shall specify the means and methods by which and
8the person or persons by whom the wildlife may be removed or
9destroyed, without fee or compensation, and shall set forth
10the disposition procedure to be made of all wildlife taken and
11other restrictions the Director considers necessary and
12appropriate in the circumstances of the particular case.
13Whenever possible, the specimens destroyed shall be given to a
14bona fide bona-fide public or State scientific, educational,
15or zoological institution.
16    The permittee shall advise the Department in writing,
17within 10 days after the expiration date of the permit, of the
18number of individual species of wildlife taken, disposition
19made of them, and any other information which the Department
20may consider necessary.
21    (b) Subject to federal regulations and Section 3 of the
22Illinois Endangered Species Protection Act, the Department may
23grant the authority to control species protected by this Code
24pursuant to the issuance of a Nuisance Wildlife Control Permit
26        (1) any person who is providing such service or



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1    solicits customers for themselves or on behalf of a
2    nuisance wildlife control permit holder for a fee or
3    compensation;
4        (2) a governmental body; or
5        (3) a nonprofit or other charitable organization.
6    The Department shall set forth applicable regulations in
7an Administrative Order and may require periodic reports
8listing species taken, numbers of each species taken, dates
9when taken, and other pertinent information.
10    Any person operating under a Nuisance Wildlife Control
11Permit who subcontracts the operation of nuisance wildlife
12control to another shall ensure that such subcontractor
13possesses a valid Nuisance Wildlife Control Permit issued by
14the Department. The person must maintain a record of the
15subcontractor including the subcontractor's name, address, and
16phone number, and type of work to be performed, for a period of
17not less than 2 years from the date the subcontractor is no
18longer performing services on behalf of the person. The
19records shall be presented to an authorized employee of the
20Department or law enforcement officer upon request for
22    Any person operating without the required permit as
23outlined under this subsection (b) or in violation of this
24subsection (b) is deemed to be taking, attempting to take,
25disturbing, or harassing wildlife contrary to the provisions
26of this Code, including the taking or attempting to take such



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1species for commercial purposes as outlined in Sections 2.36
2and 2.36a of this Code. Any devices and equipment, including
3vehicles, used in violation of this subsection (b) may be
4subject to the provisions of Section 1.25 of this Code.
5    Any person properly permitted and operating under the
6provisions of this subsection is exempt from the provisions of
7this Act except as limited by administrative rule adopted by
8the Department.
9    (c) Except when operating under subsection (b) of this
10Section, drainage districts district fur trapping unless
11otherwise instructed by the Department district This authority
12only extends to control of beavers. Any other protected
13species must be controlled pursuant to subsection (b) or (c).
14    (c) The location of traps or snares authorized under this
15Section, either by the Department or any other governmental
16body with the authority to control species protected by this
17Code, shall be exempt from the provisions of the Freedom of
18Information Act.
19    (d) A drainage district or road district or the designee
20of a drainage district or road district shall be exempt from
21the requirement to obtain a permit to control nuisance
22muskrats or beavers if all applicable provisions for licenses
23are complied with and any trap types and sizes used are in
24compliance with this Code Act, including marking or
25identification. The designee of a drainage district or road
26district must have a signed and dated written authorization



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1from the drainage district or road district in possession at
2all times when conducting activities under this Section. This
3exemption from obtaining a permit shall be valid only upon
4property owned, leased, or controlled by the drainage district
5or road district. For the purposes of this Section, "road
6district" includes a township road district.
7(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
8103-225, eff. 6-30-23; revised 8-28-23.)