Ill. Admin. Code tit. 17 § 525.20

Current through Register Vol. 48, No. 49, December 6, 2024

Section 525.20 - Requirements, Application and Permit Procedures

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.

Ill. Admin. Code tit. 17, § 525.20

Amended at 29 Ill. Reg. 3919, effective February 24, 2005

Amended at 41 Ill. Reg. 8476, effective 6/28/2017

Amended at 44 Ill. Reg. 11474, effective 6/29/2020