Section 525.35  Migratory Birds

a)         Any owner or tenant of lands, including operations, associations and governmental bodies, may, without a permit, scare away migratory birds, either game or non-game, as defined in Section 2.2 of the Wildlife Code [520 ILCS 5/2.2] when they are:

1)         causing damage to property or wildlife;

2)         creating a risk to human health or safety; or

3)         concentrated in such numbers and manner as to constitute a health hazard or other nuisance, provided that:

A)        the damage, risk, hazard or other nuisance must be identifiable to an employee of the Department; and

B)        scaring must be done in accordance with 50 CFR 21.41 (2004), except birds that have a nest with eggs and/or a nest with young may not be scared without proper authorization from the Department.

b)         Damage to property or wildlife or a risk to human health or safety or health hazard or other nuisance includes, but is not limited to:

1)         excessive fecal matter accumulations on property;

2)         damage to turf, ornamental plantings, agricultural crops, structures, vehicles;

3)         risks to human safety, such as human conflicts with aggressive birds and vehicle collisions with birds;

4)         a risk to human health as identified or reasonably expected by a Department Wildlife Biologist or Conservation Police Officer in consultation with any public health official or medical doctor;

5)         excessive bothersome noise in residential or commercial areas; and

6)         excessive damage to other species of wildlife, such as competition for nesting sites or territory or damage to vegetation necessary for the well being of other wildlife species.

c)         Methods of scaring include, but are not limited to:

1)         noise-making devices such as propane cannons, airhorns, distress calls, whistles, blank shells, cracker shells, or pyrotechnic devices such as bangers and screamers;

2)         visual methods such as flash tape, balloons, flags, vehicles, fencing, radio-controlled vehicles, dogs or non-harmful light-emitting devices; and

3)         chemical repellants that are registered for the non-lethal control of birds by the USEPA.

d)         Any person may remove or destroy, by use of a shotgun, air gun or traps and only on or over the threatened area, any red-winged blackbirds, rusty blackbirds, Brewer's blackbirds, cowbirds, grackles and crows when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance, without a permit, so long as he or she has written permission from the landowner or tenant.

e)         The destruction of nests and eggs of protected species of waterfowl, including wild ducks, geese and swans, shall be conducted only in accordance with the following requirements:

1)         Individuals desiring to destroy the nests and eggs of protected species of waterfowl, for a fee, must first answer correctly at least 80% of the questions on a written exam that tests their knowledge of methods of preventing, abating and controlling property damage and risks to human health or safety caused by protected species of waterfowl, topics specified by Section 525.20(d)(3)(B) and applicable federal regulations (50 CFR 21.41 (2004)). Individuals who pass the written exam and meet other requirements set forth in this Part shall be issued a certificate of authorization to destroy the nests and eggs of protected species of waterfowl.

2)         Prior to destroying the nests and eggs of protected species of waterfowl, permittees must request and obtain appropriate authorization from the U.S. Fish and Wildlife Service and written approval from the Department for each site where control work will take place.

3)         Methods of destroying waterfowl eggs shall be limited to addling, oiling, puncturing and freezing.

f)          The taking of any migratory birds or other species protected by federal regulations         requires prior authorization from the U.S. Fish and Wildlife Service and written approval from the Department for each site where the taking will occur.

g)         This Section does not apply to eagles or endangered species.  Unlawful scaring or harassing of eagles or endangered species is a Class A misdemeanor.  Unlawful taking of eagles or endangered species can be up to a Class 3 felony.

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