Section 525.35 Approved Methods of Take: Game Mammals, Furbearing Mammals and Other Mammals

Section 525.35  Approved Methods of Take:  Game Mammals,

Furbearing Mammals and Other Mammals

a)         Approved Land Sets

1)         Only

the following devices may be used for land sets:

A)        box traps, cage traps,

colony traps or traps of similar design;

B)        enclosed

foot-hold traps with a single access opening no larger than 3 square inches;

examples of approved devices include, but are not limited to, EGG

®

,

D-P

®

(Dog-Proof) and L'il Grizz

®

traps;

C)        cushion-hold; offset

laminated and wide-jaw foot-hold traps that:

i)          are

listed by the Association of Fish and Wildlife Agencies as Best Management

Practices for Trapping Coyotes in the Eastern United States (http://www.fishwildlife.org/files/

EasternCoyote_BMP_2016.pdf); and

ii)         have an inside jaw

spread of 6½ inches (16.6 cm) or less;

D)        body-gripping

traps powered by two springs and having an inside jaw spread of no larger than

49 square inches may be used if set inside a residence at least 4 inches from

any outside surface of the structure or set outdoors at least 8 feet from the

ground and enclosed in a tube, cylinder or open-ended box constructed of solid

wood, metal or plastic so that the trigger of the trap is located at least 12

inches from any entrance to the enclosure in which it is set.

2)         Violation is a Class B

misdemeanor (see Section 2.33(a) of the Code).

b)         Approved Water Sets

1)         Only the following

devices may be used for water sets:

A)        body-gripping

traps;

B)        cushion-hold

traps;

C)        foot-hold

traps;

D)        enclosed

foot-hold traps with a single access opening no larger than 3 square inches;

examples of approved devices include, but are not limited to, EGG

®

,

D-P

®

(Dog-Proof) and L'il Grizz

®

traps;

E)        Bailey

beaver traps, Hancock beaver traps or traps of similar design;

F)         colony

traps, cage traps, box traps or traps of similar design;

G)        snares

that are not powered by springs or other mechanical devices

gle access opening no larger than 3 square inches;

examples of approved devices include, but are not limited to, EGG

®

,

D-P

®

(Dog-Proof) and L'il Grizz

®

traps;

E)        Bailey

beaver traps, Hancock beaver traps or traps of similar design;

F)         colony

traps, cage traps, box traps or traps of similar design;

G)        snares

that are not powered by springs or other mechanical devices (used for water

sets only) if:  at least one-half of the snare noose loop is located under

water at all times; the noose loop diameter is not greater than 15 inches (38.1

cm); the snare is equipped with a mechanical lock, anchor swivel, and stop

device to prevent the mechanical lock from closing the noose loop to a diameter

of less than 2½ inches (6.4 cm); the cable diameter is not less than 5/64 inch

(2.0 mm) but not greater than ⅛ inch (3.2 mm); and the snare is not

constructed of stainless steel metal cable or wire;

2)         Devices

listed in subsection (b)(1) may be used for submersion sets.

3)         Violation

is a Class B misdemeanor (see Section 2.33(a) of the Code).

c)         Use of traps is subject

to the following restrictions:

1)         It is

unlawful to fail to visit and remove all animals from traps staked out, set,

used, tended, placed or maintained at least once each calendar day.  Violation

is a Class B misdemeanor (see Section 2.33(a) of the Code).

A)        Permittees

who rent, lend or otherwise transfer traps to clients, citizens or other

parties (i.e., the second parties) who are not under the direct supervision of

the permittee and have not obtained a Nuisance Wildlife Control Permit or a

Nuisance Animal Removal Permit are responsible for any damages or violations of

this Section that are perpetrated by the second party.  Any animals taken by a

second party must be reported by the permittee in accordance with Section

525.70(f)

rties (i.e., the second parties) who are not under the direct supervision of

the permittee and have not obtained a Nuisance Wildlife Control Permit or a

Nuisance Animal Removal Permit are responsible for any damages or violations of

this Section that are perpetrated by the second party.  Any animals taken by a

second party must be reported by the permittee in accordance with Section

525.70(f).

B)        Remote

trap checking systems may be used in lieu of physical visits when those

systems:

i)          are

used in accordance with the manufacturer's specifications;

ii)         have

a control unit that reports trap status to a centralized application database

at least once each calendar day;

iii)        have

notification alarms that report trap closures and/or system health issues

within one hour after detection via email or text-based messaging systems; and

iv)        have

on-demand control unit testing capabilities for determining trap status, signal

strength, and battery condition via remote system check-in.

C)        Permittees

who use remote trap checking systems shall maintain records of trap status and

notification alarms for a period of no less than 7 days after  receipt of

messages.  Records shall be immediately available for inspection when a request

is made by an officer or authorized employee of the Department.  Failure to

produce those records shall be prima facie evidence that traps were not checked

each calendar day.

2)         It is

unlawful for any person to place, set, use or maintain any trap or snare that

is not tagged, inscribed or otherwise identified with the permittee's name and

address.  Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

3)         It is

unlawful for any person to place, set, use or maintain a cushion-hold trap or

foot-hold trap in water if that trap has an inside jaw spread larger than 7½

inches (19.1 cm), or a body-gripping trap having an inside jaw spread larger

than 144 square inches

se identified with the permittee's name and

address.  Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

3)         It is

unlawful for any person to place, set, use or maintain a cushion-hold trap or

foot-hold trap in water if that trap has an inside jaw spread larger than 7½

inches (19.1 cm), or a body-gripping trap having an inside jaw spread larger

than 144 square inches.  Violation is a Class B misdemeanor (see Section 2.33(a)

of the Code).

4)         It is

unlawful to use any trap with saw-toothed, serrated, spiked or toothed jaws.

Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

5)         It is

unlawful for any person to place, set or maintain any foot-hold or cushion-hold

trap within 30 feet (9.14 m) of bait placed in such a manner or position that

it is not completely covered and concealed from sight, except that this shall

not apply to water sets.  Violation is a Class B misdemeanor (see Section 2.33(a)

of the Code).

6)         It is

unlawful for any person to remove animals from, or to move or disturb in any

manner, the traps owned by another person without written authorization of the

owner to do so.  Violation is a Class B misdemeanor (see Section 2.33(v) of the

Code).

d)         Use of guns is subject

to the following restrictions:

1)         The use of guns shall

be subject to all State restrictions.

2)         The

use of guns shall be subject to municipal restrictions unless otherwise

authorized in writing by an official of the municipality.

3)         It is

unlawful for any person, except persons permitted by law, to have or carry any

gun in or on any vehicle or conveyance operated on public roadways, unless that

gun is unloaded and enclosed in a case.  Violation is a Class B misdemeanor

(see section 2.33(n) of the Code)

subject to municipal restrictions unless otherwise

authorized in writing by an official of the municipality.

3)         It is

unlawful for any person, except persons permitted by law, to have or carry any

gun in or on any vehicle or conveyance operated on public roadways, unless that

gun is unloaded and enclosed in a case.  Violation is a Class B misdemeanor

(see section 2.33(n) of the Code).

4)         It is

unlawful to fire a rifle, pistol, revolver, or air gun on, over or into any

waters of this State, including frozen waters, except when performing

euthanasia of game mammals or furbearing mammals that are restrained by traps.

Violation is a Class B misdemeanor (see Section 2.33(q) of the Code).

5)         It is

unlawful to discharge any gun along, upon, across or from any public

right-of-way or highway in this State.  Violation is a Class B misdemeanor (see

Section 2.33(r) of the Code).

e)         Commercially

available gas cartridges that emit carbon monoxide or carbon dioxide as primary

lethal agents may be used according to the manufacturer's specifications.

f)         Drugs

that are acquired and dispensed in accordance with the Illinois Controlled

Substances Act [720 ILCS 570], U.S. Controlled Substances Act (21 USC 801 et

seq.), Federal Food, Drug, and Cosmetic Act (21 USC 301 through 3998), Animal

Medicinal Drug Clarification Act of 1994 (21 CFR 530) and U.S. Drug Enforcement

Administration Regulations (21 CFR 1301 et seq.) may be used to take protected species.