Current through Register Vol. 48, No. 38, September 20, 2024
a) Any individual desiring to take game
mammals, furbearing mammals, other mammals, game birds, or bats, or to provide
services for the exclusion and/or eviction of bats, that are causing damage to
property or risks 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.
b) Not-for-profit
(501(c)(3)) zoos and botanical gardens desiring to take protected species that
are causing damage to property, risks to human health or safety, or risks to
specimens on lands owned by that entity must first obtain a valid Class B
Nuisance Wildlife Control Permit from the Department. Landowners and tenants
who desire to take migratory birds on their property, in accordance with a
valid federal permit, and without the aid of a Class D or Class E permit, must
first obtain a valid Class B permit from the Department.
c) Any governmental body desiring to take
game mammals, furbearing mammals, other mammals (e.g., bats) or game birds that
are causing damage to property or risks to human health or safety must first
obtain a valid Class C Nuisance Wildlife Control Permit from the
Department.
d) Any individual
desiring to take migratory birds that are causing damage to property, risks to
human health or safety, or nuisances on the land of another, for a fee, must
first obtain a valid Class D Nuisance Wildlife Control Permit from the
Department.
e) Any governmental
body desiring to take migratory birds that are causing damage to property,
risks to human health or safety, or nuisances on lands governed, owned or
managed by that governmental body must first obtain a valid Class E Nuisance
Wildlife Control Permit.
f) Permit
Procedures
1) To be eligible for a Class A or
Class D permit the applicant must be at least 18 years of age.
2) Application for a permit shall be made on
forms provided by the Department.
3) The Department shall issue a Class A
permit to an individual provided the applicant has:
A) met the eligibility requirements of
subsection (f)(1);
B) achieved a
score of at least 80% on a closed-book, written examination administered by the
Department that tests the applicant's knowledge and understanding of:
i) this Part;
ii) Sections 2.37 and 2.38 of the
Code;
iii) the 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" (9 CFR 3, subpart F);
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 game mammals, furbearing mammals,
other mammals, bats and game birds, as well as methods of preventing or
controlling damage and risks to human health or safety caused by these
species.
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.
Submission of discharge papers from the military (DD 214) showing certification
as a marksman, sharpshooter or expert is considered proof of equivalent
training.
4) The
Department shall issue a Class B permit to a landowner or tenant provided the
applicant has:
A) met the eligibility
requirements of subsection (f)(1);
B) provided a copy of his or her valid
federal permit for taking migratory birds; 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. Submission of discharge papers
from the military (DD 214) showing certification as a marksman, sharpshooter or
expert is considered proof of equivalent training.
5) Authorization granted to landowners or
tenants and their agents for taking migratory birds is limited to properties
owned or leased by those individuals and subject to refusal, revocation and/or
suspension pursuant to subsections (g) though (j) of this Section and Section
525.80.
6) The Department shall issue a Class B
permit to a not-for-profit (501(c)(3)) zoo provided that entity is accredited
by the American Zoological Association. The Department shall issue a Class B
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. 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 subsections (g) through (j) of this Section and Section
525.80.
7) The Department shall
issue a Class D permit to an individual provided the applicant has:
A) met the eligibility requirements of
subsection (f)(1);
B) achieved a
score of at least 80% on a closed book, written examination that tests the
applicant's knowledge of:
i) this
Part;
ii) Sections 2.37 and 2.38 of
the Code;
iii) the Illinois List of
Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);
iv) the Illinois Dead Animal Disposal Act
[225 ILCS 610];
v) 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);
vi) federal regulations (50 CFR
21.41); and
vii) diseases, life cycles, habits and
habitats of migratory birds, as well as methods of preventing or controlling
damage, risks to human health and safety, or nuisances caused by migratory
birds.
8)
Applicants failing the required examination may repeat the exam after 45 days.
Should a second failure occur, a 6-month waiting period from the date of the
second exam is required. The examination sequence can be repeated no more than
twice during any 2-year period.
9)
The Department shall issue a Class C or Class E permit to a governmental body
upon approval of an application.
g) Violation of the Illinois Endangered
Species Protection Act [520 ILCS 10], the Fish Code of 1971 [520 ILCS 5] or the
Wildlife Code during the 3 years prior to application for a Class A or Class D
permit shall be grounds for refusal to issue said permit.
h) Providing incomplete, deceptive or false
information on an application shall be grounds for refusal to issue a permit.
Providing deceptive or false information on an application is a Class A
misdemeanor (see Section 2.38 of the Code).
i) Permittees who have allowed their permits
to expire or had their permits revoked or suspended for more than 60 days must
reapply and retake any examinations required for issuance of Class A and Class
D permits.
j) Final judgement of
applications shall be made by the Chief, Division of Wildlife Resources, or
his/her designee, based on criteria in this Section and Section
525.80.
k) Class A, B and C permits
shall be issued on an annual basis and expire January 31 of each year, except
that:
1) permits issued to first-time
applicants between November 1 and January 31 shall expire on January 31 of the
following year;
2) Class B permits
issued to landowners and tenants for control of migratory birds on their
property may be issued for a period of time that coincides with their federal
permit.
l) Class D and E
permits shall be issued on an annual basis and expire on September 1 of each
year.
