Illinois Administrative Code
Title 17 - CONSERVATION
Part 525 - NUISANCE WILDLIFE CONTROL PERMITS
Section 525.75 - Exceptions to Permit Requirements and Provisions
Universal Citation: 17 IL Admin Code ยง 525.75
Current through Register Vol. 48, No. 38, September 20, 2024
a) Activities performed in accordance with this Section do not require authorization from the Department or issuance of any permit by the Department.
1) Any person
may capture a bat alive when found in the living quarters of a structure and
immediately release it outdoors.
2)
Any person may capture a bat alive when found in the living quarters of a
structure and transport it to a local health department, animal control office,
or veterinarian for submission to a laboratory if there is concern about human
or domestic animal exposure to rabies. Examples of circumstances that warrant
concern about exposure to rabies include:
A) a
person confirms he or she was bitten or scratched by a bat;
B) a person confirms he or she had direct
(skin) contact with a bat, such as handling it without gloves;
C) at any time, a bat was present while a
person was asleep, unconscious or intoxicated;
D) at any time, a bat was present while a
person unable to comprehend or communicate possible risk of exposure to rabies
was alone with a bat;
E) at any
time, the presence of bats is deemed to be a human health and safety hazard by
a municipal or county health department and/or the Illinois Department of
Public Health.
3) Any
owner or tenant of lands, including operations, associations and governmental
bodies, and agents acting on their behalf, may scare or herd away migratory
birds that are not incubating eggs or raising dependent young when the
migratory birds are causing damage to property, risks to human health or
safety, or nuisances. Approved methods of scaring include, but are not limited
to:
A) noise-making devices such as propane
cannons, air horns, distress calls, whistles, blank shells, cracker shells, or
pyrotechnic devices such as bangers and screamers used in accordance with
federal regulations ( 27 CFR 555) and local ordinances;
B) visual methods such as flash tape,
balloons, flags, vehicles, fencing, radio-controlled vehicles, dogs or
nonharmful light-emitting devices; and
C) chemical repellants that are registered
for the nonlethal control of birds by USEPA.
4) In accordance with federal regulations (
50
CFR 21.43) and Section
525.35(d),
any person who has written permission from the landlord or tenant 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, Brewer's blackbirds, cowbirds,
grackles and crows when they are causing serious injuries to agricultural
crops, horticultural crops, livestock feed, or wildlife recognized by the
Department or U.S. Fish and Wildlife Service as species that are endangered,
threatened, candidates for listing, or of special concern, or when causing a
health hazard or structural property damage.
5) Subject to the Bald and Golden Eagle
Protection Act (
16 USC
668) and Section 3 of the Illinois Endangered
Species Protection Act [ 520 ILCS 10 ], any landowner or tenant and his or her
agents may destroy nests of birds that do not contain eggs or dependent young,
provided that no possession occurs during destruction. This authority is
limited to property owned or leased by the landowner or tenant.
6) Any person may capture a migratory bird
that is trapped inside a building or structure and immediately release it
outdoors or, if the bird is injured, exhausted or ill, transfer it to a
licensed wildlife rehabilitator in accordance with federal regulations (
50 CFR
21.12).
7) Any person may dispose of a dead migratory
bird in accordance with Section
525.45(e).
b) Drainage districts may control beavers in accordance with Section 2.37 of the Code.
c) Recipients of Nuisance Animal Removal Permits, Deer Removal Permits, and Deer Population Control Permits issued under Section 2.37 of the Code are exempt from this Part.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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