Bill Text: IL SB1745 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Wildlife Code. Repeals provisions authorizing, under certain conditions, drainage districts to control beaver populations. Provides that a drainage district, road district or similar body, landowner, tenant, or the designee of a drainage district, road district, landowner, or tenant shall be exempt from the requirement to obtain a permit to control nuisance raccoons, opossums, muskrats, skunks, coyotes, or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with the Act, including marking or identification. Provides that landowners, tenants, or their designees may remove cottontail rabbits or grey or fox squirrels from their property, but only by means of a live trap, if the cottontail rabbits and grey or fox squirrels are released alive and unharmed in suitable habitat that is not within any city or town and not within any park. Provides that the designee of a drainage district, road district, landowner, or tenant must have a signed and dated written authorization from the drainage district, landowner, or tenant in possession at all times when conducting animal control activities. Provides that the exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district, road district, landowner, or tenant. Effective immediately.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0225 [SB1745 Detail]
Download: Illinois-2023-SB1745-Chaptered.html
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| Public Act 103-0225 | ||||
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing | ||||
Section 2.37 as follows:
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(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
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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.
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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.
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If, after investigation, the Department finds
that damage | ||||
does exist and
can be abated only by removing or destroying
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that wildlife, a permit shall be
issued by the Department to | ||
remove or destroy the species responsible for causing
the | ||
damage.
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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
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considers necessary and appropriate in the
circumstances of | ||
the particular case. Whenever possible, the specimens
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destroyed shall be given to a bona-fide public or State | ||
scientific,
educational, or zoological institution.
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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.
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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
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in an Administrative Order and may require periodic reports | ||
listing species
taken, numbers of each species taken, dates | ||
when taken, and other pertinent
information.
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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
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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
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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.
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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 | ||
district. | ||
(Source: P.A. 102-524, eff. 8-20-21.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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