Full Text of SB1745 103rd General Assembly
SB1745enr 103RD GENERAL ASSEMBLY |
| | SB1745 Enrolled | | LRB103 26822 RLC 53186 b |
|
| 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 | 5 | | Section 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, | 17 | | or 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
|
| | | SB1745 Enrolled | - 2 - | LRB103 26822 RLC 53186 b |
|
| 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 | 10 | | the particular case. Whenever possible, the specimens
| 11 | | destroyed shall be given to a bona-fide public or State | 12 | | scientific,
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 | 20 | | an individual,
corporation,
association or a governmental body | 21 | | the authority
to control species protected by this Code | 22 | | pursuant to the issuance of a Nuisance Wildlife Control | 23 | | Permit. The Department
shall set forth applicable regulations
| 24 | | in an Administrative Order and may require periodic reports | 25 | | listing species
taken, numbers of each species taken, dates | 26 | | when taken, and other pertinent
information.
|
| | | SB1745 Enrolled | - 3 - | LRB103 26822 RLC 53186 b |
|
| 1 | | Drainage Districts shall have the authority to control | 2 | | beaver provided
that they must notify the Department in | 3 | | writing that a problem exists and
of their intention to trap | 4 | | the animals at least 7 days before the trapping
begins. The | 5 | | District must identify traps used in beaver control outside
| 6 | | the dates of the furbearer trapping season with metal tags | 7 | | with the district's
name legibly inscribed upon them. During | 8 | | the furtrapping season, traps
must be identified as prescribed | 9 | | by law. Conibear traps at least size 330
shall be used except | 10 | | during the statewide furbearer trapping season. During
that | 11 | | time trappers may use any device that is legal according to the | 12 | | Wildlife
Code. Except during the statewide furbearer trapping | 13 | | season, beaver traps
must be set in water at least 10 inches | 14 | | deep. Except during the statewide
furbearer trapping season, | 15 | | traps must be set within 10 feet of an inhabited
bank burrow or | 16 | | house and within 10 feet of a dam maintained by a beaver.
No | 17 | | beaver or other furbearer taken outside of the dates for the | 18 | | furbearer
trapping season may be sold. All animals must be | 19 | | given to the nearest
conservation officer or other Department | 20 | | of Natural Resources representative
within 48 hours
after they | 21 | | are caught. Furbearers taken during the fur trapping season
| 22 | | may be sold provided that they are taken by persons who have | 23 | | valid trapping
licenses in their possession and are lawfully | 24 | | taken. The District must
submit an annual report showing the | 25 | | species and numbers of animals caught.
The report must | 26 | | indicate all species which were taken.
|
| | | SB1745 Enrolled | - 4 - | LRB103 26822 RLC 53186 b |
|
| 1 | | The location of traps or snares authorized under this | 2 | | Section, either by the Department or any other governmental | 3 | | body with the authority to control species protected by this | 4 | | Code, shall be exempt from the provisions of the Freedom of | 5 | | Information Act. | 6 | | A drainage district or road district or the designee of a | 7 | | drainage district or road district shall be exempt from the | 8 | | requirement to obtain a permit to control nuisance muskrats or | 9 | | beavers if all
applicable provisions for licenses are complied | 10 | | with and any
trap types and sizes used are in compliance with | 11 | | this Act,
including marking or identification. The designee of | 12 | | a drainage district or road district
must have a signed and | 13 | | dated written authorization from the
drainage district or road | 14 | | district in possession at all
times when conducting activities | 15 | | under this Section. This
exemption from obtaining a permit | 16 | | shall be valid only upon
property owned, leased, or controlled | 17 | | by the drainage
district or road district. For the purposes of | 18 | | this Section, "road district" includes a township road | 19 | | district. | 20 | | (Source: P.A. 102-524, eff. 8-20-21.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
|
|