101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2285

 

Introduced 10/28/2019, by Sen. Jil Tracy

 

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

    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.


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A BILL FOR

 

SB2285LRB101 14623 TAE 63534 b

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, cattle pastures, or
17other property on the land on which he resides or controls,
18together with a statement regarding location of the property
19damages, the nature and extent of the damage, and the
20particular species of wildlife committing the damage, the
21Department shall make an investigation.
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    The permittee shall advise the Department in writing,
14within 10 days after the expiration date of the permit, of the
15number of individual species of wildlife taken, disposition
16made of them, and any other information which the Department
17may consider necessary.
18    Subject to federal regulations and Section 3 of the
19Illinois Endangered Species Act, the Department may grant to an
20individual, corporation, association or a governmental body
21the authority to control species protected by this Code. The
22Department shall set forth applicable regulations in an
23Administrative Order and may require periodic reports listing
24species taken, numbers of each species taken, dates when taken,
25and other pertinent information.
26    Drainage Districts shall have the authority to control

 

 

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1beaver provided that they must notify the Department in writing
2that a problem exists and of their intention to trap the
3animals at least 7 days before the trapping begins. The
4District must identify traps used in beaver control outside the
5dates of the furbearer trapping season with metal tags with the
6district's name legibly inscribed upon them. During the
7furtrapping season, traps must be identified as prescribed by
8law. Conibear traps at least size 330 shall be used except
9during the statewide furbearer trapping season. During that
10time trappers may use any device that is legal according to the
11Wildlife Code. Except during the statewide furbearer trapping
12season, beaver traps must be set in water at least 10 inches
13deep. Except during the statewide furbearer trapping season,
14traps must be set within 10 feet of an inhabited bank burrow or
15house and within 10 feet of a dam maintained by a beaver. No
16beaver or other furbearer taken outside of the dates for the
17furbearer trapping season may be sold. All animals must be
18given to the nearest conservation officer or other Department
19of Natural Resources representative within 48 hours after they
20are caught. Furbearers taken during the fur trapping season may
21be sold provided that they are taken by persons who have valid
22trapping licenses in their possession and are lawfully taken.
23The District must submit an annual report showing the species
24and numbers of animals caught. The report must indicate all
25species which were taken.
26    The location of traps or snares authorized under this

 

 

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1Section, either by the Department or any other governmental
2body with the authority to control species protected by this
3Code, shall be exempt from the provisions of the Freedom of
4Information Act.
5    A drainage district, road district or similar body,
6landowner, tenant, or the designee of a drainage district, road
7district, landowner, or tenant shall be exempt from the
8requirement to obtain a permit to control nuisance raccoons,
9opossums, muskrats, skunks, coyotes, or beavers if all
10applicable provisions for licenses are complied with and any
11trap types and sizes used are in compliance with this Act,
12including marking or identification. Landowners, tenants, or
13their designees may remove cottontail rabbits or grey or fox
14squirrels from their property, but only by means of a live
15trap, if the cottontail rabbits and grey or fox squirrels are
16released alive and unharmed in suitable habitat that is not
17within any city or town and not within any park. The designee
18of a drainage district, road district, landowner, or tenant
19must have a signed and dated written authorization from the
20drainage district, landowner, or tenant in possession at all
21times when conducting activities under this Section. This
22exemption from obtaining a permit shall be valid only upon
23property owned, leased, or controlled by the drainage district,
24road district, landowner, or tenant.
25(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12;
2698-1045, eff. 8-25-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.