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Public Act 103-0611


 

Public Act 0611 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0611
 
HB5522 EnrolledLRB103 39362 JAG 69525 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.
    (a) Subject to federal regulations and Section 3 of the
Illinois Endangered Species Protection Act, the Department may
authorize owners and tenants of lands or their agents, who are
performing the service without fee or compensation, 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, without fee or compensation, 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 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.
    (b) Subject to federal regulations and Section 3 of the
Illinois Endangered Species Protection Act, the Department may
grant the authority to control species protected by this Code
pursuant to the issuance of a Nuisance Wildlife Control Permit
to:
        (1) any person who is providing such service or
    solicits customers for themselves or on behalf of a
    nuisance wildlife control permit holder for a fee or
    compensation;
        (2) a governmental body; or
        (3) a nonprofit or other charitable organization.
    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.
    Any person operating under a Nuisance Wildlife Control
Permit who subcontracts the operation of nuisance wildlife
control to another shall ensure that such subcontractor
possesses a valid Nuisance Wildlife Control Permit issued by
the Department. The person must maintain a record of the
subcontractor including the subcontractor's name, address, and
phone number, and type of work to be performed, for a period of
not less than 2 years from the date the subcontractor is no
longer performing services on behalf of the person. The
records shall be presented to an authorized employee of the
Department or law enforcement officer upon request for
inspection.
    Any person operating without the required permit as
outlined under this subsection (b) or in violation of this
subsection (b) is deemed to be taking, attempting to take,
disturbing, or harassing wildlife contrary to the provisions
of this Code, including the taking or attempting to take such
species for commercial purposes as outlined in Sections 2.36
and 2.36a of this Code. Any devices and equipment, including
vehicles, used in violation of this subsection (b) may be
subject to the provisions of Section 1.25 of this Code.
    Any person properly permitted and operating under the
provisions of this subsection is exempt from the provisions of
this Act except as limited by administrative rule adopted by
the Department.
    (c) Except when operating under subsection (b) of this
Section, drainage districts district fur trapping unless
otherwise instructed by the Department district This authority
only extends to control of beavers. Any other protected
species must be controlled pursuant to subsection (b) or (c).
    (c) 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.
    (d) 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 Code 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 district.
(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
103-225, eff. 6-30-23; revised 8-28-23.)

Effective Date: 1/1/2025