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90_SB1302
520 ILCS 5/2.37 from Ch. 61, par. 2.37
Amends the Wildlife Code. Provides that subject to the
provisions concerning migratory birds and endangered species,
the Department of Natural Resources may authorize (i) owners
and tenants of land or their agents (now owners and tenants)
to remove or destroy any wild bird or mammal known to be
destroying property or causing a health or safety risk to
humans (now any wild bird or mammal, except a game bird or
migratory game bird, known to be destroying property) and
(ii) individuals or entities to control protected species of
wildlife (now wildlife). Deletes the provisions detailing
the issuance of permits by the Department to control
destructive wildlife. Effective immediately.
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1 AN ACT to amend the Wildlife Code by changing Section
2 2.37.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Section 2.37 as follows:
7 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
8 Sec. 2.37. Wildlife control. Subject to Section 2.18
9 and Section 3 of the Illinois Endangered Species Protection
10 Act, the Department may grant authority to Upon written
11 permission from the Department, owners and tenants of lands
12 or their agents to may remove or destroy any wild bird or
13 wild mammal, other than a game bird or migratory game bird,
14 when such wild bird or wild mammal is known to be destroying
15 property or causing a risk to human health or safety upon his
16 or her land. The Department may promulgate rules to implement
17 this Section.
18 Subject to Section 2.18 and Section 3 of the Illinois
19 Endangered Species Protection Act, Upon receipt by the
20 Department of information from the owner, tenant or
21 sharecropper that any one or more species of wildlife, other
22 than a game bird or migratory bird, is damaging dams, levees,
23 ditches or other property on the land on which he resides or
24 controls, together with a statement regarding location of the
25 property damages, the nature and extent of the damage and the
26 particular species of wildlife committing the damage, the
27 Department shall make an investigation.
28 If, after investigation, the Department finds such damage
29 to exist and can be abated only by removing or destroying
30 such wildlife, a permit shall be issued by the Department to
31 remove or destroy the species responsible causing such
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1 damage.
2 A permit to control such damage shall be for a period of
3 up to 90 days, shall specify the means and methods by which
4 and the person or persons by whom the wildlife may be removed
5 or destroyed and shall set forth the disposition procedure to
6 be made of all wildlife taken, and such other restrictions as
7 the Director deems necessary and appropriate in the
8 circumstances of the particular case. Whenever possible, the
9 specimens destroyed shall be given to a bona-fide public or
10 state scientific, educational or zoological institution.
11 The permittee shall advise the Department in writing,
12 within ten days after the expiration date of the permit, of
13 the number of individual species of wildlife taken,
14 disposition made of same, and any other information which the
15 Department may consider necessary.
16 In addition the Department may grant to an individual,
17 corporation, association, or a governmental body the
18 authority to control wildlife species protected under Section
19 2.2. The Department shall set forth applicable regulations
20 in an Administrative Order and may require periodic reports
21 listing species taken, numbers of each species taken, dates
22 when taken, and other pertinent information.
23 Drainage Districts shall have the authority to control
24 beaver provided that they must notify the Department in
25 writing that a problem exists and of their intention to trap
26 the animals at least 7 days before the trapping begins. The
27 District must identify traps used in beaver control outside
28 the dates of the furbearer trapping season with metal tags
29 with the district's name legibly inscribed upon them. During
30 the furtrapping season, traps must be identified as
31 prescribed by law. Conibear traps at least size 330 shall be
32 used except during the statewide furbearer trapping season.
33 During that time trappers may use any device that is legal
34 according to the Wildlife Code. Except during the statewide
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1 furbearer trapping season, beaver traps must be set in water
2 at least 10 inches deep. Except during the statewide
3 furbearer trapping season, traps must be set within 10 feet
4 of an inhabited bank burrow or house and within 10 feet of a
5 dam maintained by a beaver. No beaver or other furbearer
6 taken outside of the dates for the furbearer trapping season
7 may be sold. All animals must be given to the nearest
8 conservation officer or other Department of Natural Resources
9 representative within 48 hours after they are caught.
10 Furbearers taken during the fur trapping season may be sold
11 provided that they are taken by persons who have valid
12 trapping licenses in their possession and are lawfully taken.
13 The District must submit an annual report showing the species
14 and numbers of animals caught. The report must indicate all
15 species which were taken.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.