97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3249

 

Introduced 2/24/2011, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.37  from Ch. 61, par. 2.37

    Amends the Wildlife Code. Provides that if a permit is issued to control any deer that are causing a nuisance or damage, then the permittee may have any usable deer carcasses processed and may donate the processed venison to a food pantry or recognized charitable organization. Provides that any unusable deer carcasses must be disposed of in accordance with the Illinois Dead Animal Disposal Act or shall be given to a bona-fide public or State scientific, educational, or zoological institution.


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A BILL FOR

 

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1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing Section
52.37 as follows:
 
6    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
7    Sec. 2.37. Authority to kill wildlife responsible for
8damage. Subject to federal regulations and Section 3 of the
9Illinois Endangered Species Act, the Department may authorize
10owners and tenants of lands or their agents to remove or
11destroy any wild bird or wild mammal when the wild bird or wild
12mammal is known to be destroying property or causing a risk to
13human health or safety upon his or her land.
14    Upon receipt by the Department of information from the
15owner, tenant, or sharecropper that any one or more species of
16wildlife is damaging dams, levees, ditches, or other property
17on the land on which he resides or controls, together with a
18statement regarding location of the property damages, the
19nature and extent of the damage, and the particular species of
20wildlife committing the damage, the Department shall make an
21investigation.
22    If, after investigation, the Department finds that damage
23does exist and can be abated only by removing or destroying

 

 

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1that wildlife, a permit shall be issued by the Department to
2remove or destroy the species responsible for causing the
3damage.
4    A permit to control the damage shall be for a period of up
5to 90 days, shall specify the means and methods by which and
6the person or persons by whom the wildlife may be removed or
7destroyed, and shall set forth the disposition procedure to be
8made of all wildlife taken and other restrictions the Director
9considers necessary and appropriate in the circumstances of the
10particular case. Whenever possible, the specimens destroyed
11shall be given to a bona-fide public or State scientific,
12educational, or zoological institution.
13    If a permit is issued to control any deer that are causing
14a nuisance or damage, then the permittee may have any usable
15deer carcasses processed at a State or federally licensed and
16inspected meat processing facility and may donate the processed
17venison to a food pantry or recognized charitable organization
18unless the Department currently requires the permittee to
19donate the venison. Any unusable deer carcasses must be
20disposed of in accordance with the Illinois Dead Animal
21Disposal Act or shall be given to a bona-fide public or State
22scientific, educational, or zoological institution.
23    The permittee shall advise the Department in writing,
24within 10 days after the expiration date of the permit, of the
25number of individual species of wildlife taken, disposition
26made of them, and any other information which the Department

 

 

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1may consider necessary.
2    Subject to federal regulations and Section 3 of the
3Illinois Endangered Species Act, the Department may grant to an
4individual, corporation, association or a governmental body
5the authority to control species protected by this Code. The
6Department shall set forth applicable regulations in an
7Administrative Order and may require periodic reports listing
8species taken, numbers of each species taken, dates when taken,
9and other pertinent information.
10    Drainage Districts shall have the authority to control
11beaver provided that they must notify the Department in writing
12that a problem exists and of their intention to trap the
13animals at least 7 days before the trapping begins. The
14District must identify traps used in beaver control outside the
15dates of the furbearer trapping season with metal tags with the
16district's name legibly inscribed upon them. During the
17furtrapping season, traps must be identified as prescribed by
18law. Conibear traps at least size 330 shall be used except
19during the statewide furbearer trapping season. During that
20time trappers may use any device that is legal according to the
21Wildlife Code. Except during the statewide furbearer trapping
22season, beaver traps must be set in water at least 10 inches
23deep. Except during the statewide furbearer trapping season,
24traps must be set within 10 feet of an inhabited bank burrow or
25house and within 10 feet of a dam maintained by a beaver. No
26beaver or other furbearer taken outside of the dates for the

 

 

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1furbearer trapping season may be sold. All animals must be
2given to the nearest conservation officer or other Department
3of Natural Resources representative within 48 hours after they
4are caught. Furbearers taken during the fur trapping season may
5be sold provided that they are taken by persons who have valid
6trapping licenses in their possession and are lawfully taken.
7The District must submit an annual report showing the species
8and numbers of animals caught. The report must indicate all
9species which were taken.
10(Source: P.A. 91-654, eff. 12-15-99.)