Section 525.20  Requirements and Application

a)         Any individual desiring to control Protected Species which are causing damage to property or a risk to human health or safety on the land of another, for a fee, must first obtain a valid Class A Nuisance Wildlife Control Permit from the Department.  Taking any protected species in violation of this subsection is a Class B misdemeanor (see 520 ILCS 5/2.33, 2.33(a)).  Control of white-tailed deer and threatened or endangered species is prohibited except as provided for in Section 525.30(h).  Unlawful taking of white-tailed deer is a Class B misdemeanor (see 520 ILCS 5/2.24), as is unlawful taking of migratory birds (see 520 ILCS 5/2.18).  Unlawful taking of an endangered species is a Class A misdemeanor (see 520 ILCS 10/9).

b)         Any person desiring to control Protected Species which are causing damage to property or a risk to human health or safety on the land of another, at no charge, must first obtain a valid Class B Nuisance Wildlife Control Permit from the Department.  Not-for-profit (501(c)(3)) zoos and botanical gardens desiring to control protected species that are causing damage to property or are a risk to human health or safety on lands owned by that entity must first obtain a valid Class B Nuisance Wildlife Control Permit from the Department. Control of white-tailed deer and migratory, threatened, or endangered species is prohibited except as provided for in Section 525.30(h).  Unlawful taking of white-tailed deer is a Class B misdemeanor (see 520 ILCS 5/2.24), as is unlawful taking of an endangered species (see 520 ILCS 5/2.18).  Unlawful taking of migratory birds is a Class B misdemeanor (see 520 ILCS 10/9).

c)         Any governmental body desiring to control Protected Species which are causing damage to property or a risk to human health or safety on lands governed, owned or managed by that governmental body must first obtain a valid Class C Nuisance Wildlife Control Permit from the Department.  Control of white-tailed deer and migratory, threatened, or endangered species is prohibited except as provided for in Section 525.30(h).  Unlawful taking of white-tailed deer is a Class B misdemeanor (see 520 ILCS 5/2.24), as is unlawful taking of an endangered species (see 520 ILCS 5/2.18).  Unlawful taking of migratory birds is a Class B misdemeanor (see 520 ILCS 10/9).

d)         Permit Procedures

1)         To be eligible for a Class A or Class B Nuisance Wildlife Control Permit the applicant must be at least 18 years of age.

2)         Application for a Nuisance Wildlife Control Permit shall be made on forms provided by the Department's Division of Wildlife Program Development and Coordination and shall be obtained by submitting a request to the Division.

3)         The Department shall issue a Class A Nuisance Wildlife Control Permit to an individual provided the applicant has:

A)        met eligibility requirements as per this Section;

B)        passed a written examination administered by the Department which tests the applicant's knowledge and understanding of:

i)          this Part;

ii)         the Wildlife Code [520 ILCS 5/2.37];

iii)         Illinois List of Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);

iv)        the Illinois Dead Animal Disposal Act [225 ILCS 610];

v)         "Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals" (Subpart F, Subchapter A, ch. 1, Title 9 CFR, 2004) (no later editions or amendments are included);

vi)        Disease Free Certification and Quarantine Provisions for Propagation, Release, Importation, Exportation, and Transportation of Game Mammals, Game Birds, Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code 630); and

vii)        diseases, life cycles, habits, and habitats of common Illinois wildlife as well as methods of preventing or controlling damage and risks to human health or safety.

C)        completed a Hunter Safety Course administered by the Department or provided proof of equivalent training if guns are to be used to take or euthanize animals.

4)         Each new applicant or person whose permit has been revoked or has expired shall be required to answer correctly at least 80% of the questions on the closed-book examination.  Applicants failing the required examination may repeat the exam after 45 days.  Should a second failure occur, a six-month waiting period from the date of the second exam is required.  The examination sequence can be repeated no more than twice during any two-year period.

5)         The Department shall issue a Class B Nuisance Wildlife Control Permit to an individual provided the applicant has:

A)        met eligibility requirements as per this Section;

B)        successfully completed an interview during which a representative of the Division of Wildlife Resources has determined the applicant's knowledge of wildlife and wildlife capture techniques sufficient to render services as provided for in this Section; and

C)        completed a Hunter Safety Course administered by the Department or provided proof of equivalent training if guns are to be used to take or euthanize animals.

6)         The Department shall issue a Class B Nuisance Wildlife Control Permit to a not-for-profit (501(c)(3)) zoo provided that entity is accredited by the American Zoological Association and a staff member in charge of nuisance wildlife control activities complies with provisions set forth in Section 525.20(d)(5).  The Department shall issue a Class B Nuisance Wildlife Control Permit to a not-for-profit (501(c)(3)) botanical garden provided that entity is a member of the American Arboreta and Botanic Garden Association and a staff member in charge of nuisance wildlife control activities complies with provisions set forth in Section 525.20(d)(5).  Authorization granted to not-for-profit zoos and botanical gardens is limited to properties owned by those entities and subject to refusal, revocation and/or suspension pursuant to Sections 525.20(e), 525.30(q), and 525.40.

7)         The Department shall issue a Class C Nuisance Wildlife Control Permit to a governmental body upon application.

e)         Violation of the Illinois Endangered Species Protection Act [520 ILCS 10], the Fish Code of 1971 [520 ILCS 5] or the Wildlife Code [520 ILCS 5] during the 3 years prior to application for a Class A or Class B Nuisance Wildlife Control Permit shall be grounds for refusal to issue said permit.

f)          Final judgment of applications shall be made by the Chief, Division of Wildlife Program Development and Coordination , or his designee, based on criteria contained in subsection (d).

g)         Providing deceptive or false information on an application is a Class A misdemeanor (see 520 ILCS 5/2.38).

(Source:  Amended at 29 Ill. Reg. 3919, effective February 24, 2005)