Illinois Administrative Code › Title 17 - CONSERVATION › Part 525 - NUISANCE WILDLIFE CONTROL PERMITS › Section 525.75 - Exceptions to Permit Requirements and Provisions

Current through Register Vol. 48, No. 28, July 12, 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).