Illinois Compiled Statutes
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520 ILCS 5/2.37
(520 ILCS 5/2.37)
(from Ch. 61, par. 2.37)
Authority to kill wildlife responsible for damage.
federal regulations and Section 3 of the Illinois Endangered Species Act, the Department may authorize owners
tenants of lands or their agents to remove or destroy any wild bird
or wild mammal when the wild bird or
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
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
considers necessary and appropriate in the
circumstances of the particular case. Whenever possible, the specimens
destroyed shall be given to a 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.
Subject to federal regulations and Section 3 of the Illinois Endangered
Species Act, the Department may grant to an individual,
association or a governmental body the authority
to control species protected by this Code. 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
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
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
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.
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.
(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12; 98-1045, eff. 8-25-14.)