| ||||
| Public Act 102-0524 | ||||
| ||||
| ||||
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 | ||||
Sections 2.37, 3.1-2, 3.1-4, 3.1-7, and 3.3 and by adding | ||||
Sections 1.2q-1 and 1.2q-2 as follows: | ||||
(520 ILCS 5/1.2q-1 new) | ||||
Sec. 1.2q-1. Trapping license. "Trapping license" means an | ||||
electronic or physical license authorizing the person to take | ||||
a certain type of animal during a specified period of time. | ||||
(520 ILCS 5/1.2q-2 new) | ||||
Sec. 1.2q-2. Nuisance Wildlife Control Permit. "Nuisance | ||||
Wildlife Control Permit" means an electronic or physical | ||||
license authorizing the person to take a certain type of | ||||
animal as provided in Section 2.37.
| ||||
(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 | ||
pursuant to the issuance of a Nuisance Wildlife Control | ||
Permit. 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.
| ||
The location of traps or snares authorized under this | ||
Section, either by the Department or any other governmental | ||
body with the authority to control species protected by this | ||
Code, shall be exempt from the provisions of the Freedom of | ||
Information Act. | ||
(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12; | ||
98-1045, eff. 8-25-14.)
| ||
(520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)
| ||
Sec. 3.1-2.
Veterans who, according to the determination | ||
of the Veterans'
Administration as certified by the Department | ||
of Veterans' Affairs, are
at least 10% disabled with | ||
service-related disabilities or in receipt of
total disability | ||
pensions may hunt and trap any of the species protected by | ||
Section
2.2, during such times, with such devices and by such | ||
methods as are permitted
by this Act, without procuring | ||
hunting and trapping licenses, on the condition that their
| ||
respective disabilities do not prevent them from hunting and | ||
trapping in a manner which
is safe to themselves and others.
| ||
(Source: P.A. 83-58.)
| ||
(520 ILCS 5/3.1-4) | ||
Sec. 3.1-4. Military members returning from mobilization | ||
and service outside the United States. | ||
(a) After returning from service abroad or mobilization by | ||
the President of the United States as an active duty member of | ||
the United States Armed Forces, the Illinois National Guard, | ||
or the Reserves of the United States Armed Forces, an Illinois | ||
resident may hunt and trap any of the species protected by | ||
Section 2.2 of this Code without paying any fees required to | ||
obtain a hunting license or a trapping license for the time | ||
period prescribed by subsection (b) of this Section if the | ||
Illinois resident applies for a license within 2 years after | ||
returning from service abroad or mobilization. The applicant | ||
shall provide acceptable verification of service or | ||
mobilization to the Department either at the Department's | ||
office in Springfield or at a Regional Office of the | ||
Department. | ||
(b) For each year that an applicant is an active duty | ||
member pursuant to subsection (a) of this Section, the | ||
applicant shall receive one free hunting license, one free | ||
trapping license, one free Deer Hunting Permit as provided in | ||
Section 2.26 of this Code and rules adopted pursuant to that | ||
Section, and one free State Habitat Stamp. For the purposes of | ||
this determination, if the period of active duty is a portion | ||
of a year (for example, one year and 3 months), the applicant | ||
will be credited with a full year for the portion of a year | ||
served. | ||
(c) (Blank).
| ||
(c-5) An Illinois resident veteran may obtain an Illinois | ||
Hunter Education card if he or she completes the online study | ||
section of the Illinois Hunter Education program and provides | ||
the Department with acceptable verification of service or | ||
mobilization. | ||
(d) For the purposes of this Section, "acceptable | ||
verification of service or mobilization" means official | ||
documentation from the Department of Defense or the | ||
appropriate Major Command showing mobilization dates or | ||
service abroad dates, including: (i) a DD-214, (ii) a letter | ||
from the Illinois Department of Military Affairs for members | ||
of the Illinois National Guard, (iii) a letter from the | ||
Regional Reserve Command for members of the Armed Forces | ||
Reserve, (iv) a letter from the Major Command covering | ||
Illinois for active duty members, (v) personnel records for | ||
mobilized State employees, and (vi) any other documentation | ||
that the Department, by administrative rule, deems acceptable | ||
to establish dates of mobilization or service abroad. | ||
(e) For the purposes of this Section, the term "service | ||
abroad" means active duty service outside of the 50 United | ||
States and the District of Columbia, and includes all active | ||
duty service in territories and possessions of the United | ||
States. | ||
(Source: P.A. 98-118, eff. 7-30-13.) | ||
(520 ILCS 5/3.1-7) | ||
Sec. 3.1-7. Terminally ill hunter or trapper licensing | ||
program. In order to facilitate hunting, trapping, and fishing | ||
opportunities for a terminally ill person, the Director may | ||
issue any license, tag, permit, or stamp and waive fees, | ||
including transaction and dealer fees. | ||
Youth may take game outside of an established season if | ||
that youth is deemed to be terminally ill and the hunt is | ||
pre-approved by the Director.
| ||
(Source: P.A. 97-215, eff. 1-1-12.)
| ||
(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
| ||
Sec. 3.3. Trapping license required. Before any person | ||
shall trap any
of the mammals protected
by this Act, for which | ||
an open trapping season has been established, he shall
first | ||
procure a trapping license from the Department to do so. No | ||
traps
shall be placed in the field, set or unset, prior to the | ||
opening day of
the trapping season.
| ||
Traps used in the taking of such mammals shall be marked or
| ||
tagged with metal tags or inscribed in lettering giving the | ||
name and
address of the owner or the customer identification | ||
number issued by the Department, and absence of such mark or | ||
tag shall be prima
facie evidence that such trap or traps are | ||
illegally used and the trap
or traps shall be confiscated and | ||
disposed of as directed by the
Department.
| ||
Before any person 18 years of age or older shall trap, | ||
attempt to
trap, or sell the green hides of any mammal of the | ||
species defined as
fur-bearing mammals by Section 2.2 for | ||
which an open season is established
under this Act, he shall | ||
first have procured a State Habitat Stamp.
| ||
Beginning January 1, 2016, no trapping license shall be | ||
issued to any
person born on or after January 1, 1998 unless he | ||
or she presents to the authorized issuer of the license | ||
evidence that he or she has a
certificate of competency | ||
provided for in this Section.
| ||
The Department of Natural Resources shall authorize
| ||
personnel of the Department,
or volunteer instructors, found | ||
by the Department to be competent,
to provide instruction in | ||
courses on trapping techniques and ethical trapping
behavior | ||
as needed throughout the State, which courses shall be at | ||
least
8 hours in length. Persons so authorized shall provide | ||
instruction in such
courses to individuals at no charge, and | ||
shall issue to individuals
successfully completing such | ||
courses certificates of competency in basic
trapping | ||
techniques. The Department shall cooperate in establishing | ||
such
courses with any reputable association or organization | ||
which has as one of
its objectives the promotion of the ethical | ||
use of legal fur harvesting
devices and techniques. The | ||
Department shall furnish information on the
requirements of | ||
the trapper education program to be distributed free of
charge | ||
to applicants for trapping licenses by the persons appointed | ||
and
authorized to issue licenses.
| ||
The owners residing on, or bona fide tenants of farm | ||
lands, and their
children actually residing on such lands, | ||
shall have the right to trap
mammals protected by this Act, for | ||
which an open trapping season has been
established, upon such | ||
lands, without procuring licenses, provided that
such mammals | ||
are taken during the periods of time and with such devices as
| ||
are permitted by this Act.
| ||
Any person on active duty in the Armed Forces or any person | ||
with a disability who is a resident of Illinois, may trap any | ||
of the species protected by Section 2.2, during such times, | ||
with such devices and by such methods as are permitted by this | ||
Act, without procuring a trapping license. For the purposes of | ||
this Section, a person is considered a person with a | ||
disability if he or she has a Type 1 or Type 4, Class 2 | ||
disability as defined in Section 4A of the Illinois | ||
Identification Card Act. For purposes of this Section, an | ||
Illinois Person with a Disability Identification Card issued | ||
pursuant to the Illinois Identification Card Act indicating | ||
that the person thereon named has a Type 1 or Type 4, Class 2 | ||
disability shall be adequate documentation of such a | ||
disability. | ||
(Source: P.A. 100-638, eff. 1-1-19; 100-964, eff. 8-19-18; | ||
101-81, eff. 7-12-19.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||