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Public Act 103-0225


Public Act 0225 103RD GENERAL ASSEMBLY



Public Act 103-0225
SB1745 EnrolledLRB103 26822 RLC 53186 b

    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
Section 2.37 as follows:
    (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
    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.
    A drainage district or road district or the designee of a
drainage district or road district shall be exempt from the
requirement to obtain a permit to control nuisance muskrats or
beavers if all applicable provisions for licenses are complied
with and any trap types and sizes used are in compliance with
this Act, including marking or identification. The designee of
a drainage district or road district must have a signed and
dated written authorization from the drainage district or road
district in possession at all times when conducting activities
under this Section. This exemption from obtaining a permit
shall be valid only upon property owned, leased, or controlled
by the drainage district or road district. For the purposes of
this Section, "road district" includes a township road
(Source: P.A. 102-524, eff. 8-20-21.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/30/2023