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O U R N A T U R A L R E S O U R C E S
Whose (Wild) Life Is
State law protects our furry and feathered friends from both
STORY BY JOHN ALLEN
"Hell is paved with good intentions, not with bad ones." — George Bernard Shaw Well-intentioned though you may be, you're probably not helping that squirrel that's been eating peanuts from your hand on your backyard deck for the past few years. While it's legal to feed them, "if you do, you need to be willing to do it for the life of the animal, especially if you start when they're real young because they don't learn how to survive on their own," said Sgt. Ken Swiderski of the Illinois Conservation Police. Seeing an animal starve because you're no longer feeding it, and it can't feed on its own, might cause you to take another step on the road to perdition: bringing it inside as a house pet. "If you try to cage wild animals or bring them inside, that's taking them into your possession and that's illegal," Swiderski said. "They're not meant to be pets. They're not domesticated animals." In his 24 years as a Conservation Police Officer, Swiderski has seen plenty of people attempt to domesticate wild animals. "We had Moses the squirrel a few years ago that ended up in court with the lady bringing in pictures of the squirrel wearing a Santa Claus hat," Swiderski said.
"Some years before that, a lady had a pet skunk. It was a media circus. Another case had a supposed animal rehabilitator keeping wildlife as pets. That made the National Enquirer. These cases are difficult to deal with because the people are violating laws, we have to take some kind of action, and the media has a field day. We usually end up looking like bad guys because they don't understand the biological reasons for what we're doing." Animals seized from the public are sent to state-licensed animal rehabilitators who make every attempt to recondition them for release back into the wild. If the animal can't be rehabilitated, a zoo or licensed nature center will be asked to take it. "Unfortunately, that's sometimes difficult because we're usually dealing with common species that most nature centers already possess," Swiderski said. Most of us will come into contact with wildlife at some point—squirrels underfoot, birds overhead, rabbits in the garden, raccoons in the attic—all of which are protected. In fact, almost all wild animals have some degree of protection. "The law is very short and clear and says you can't take anything out of the wild and retain it alive," Swiderski said. "The keyword is 'take.' It means hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare, harass or attempt to do so. It means darn near anything." It also applies to wildlife babies, a problem that manifests itself every spring. "People find what they think is an abandoned animal, but it's not. The mother is usually out foraging," Swiderski said. "Leave the babies where they are, and if the mother doesn't return in a day or so, call a local nature center or DNR for a list of wildlife rehabbers." July/August 2001 | 39 O U R N A T U R A L R E S O U R C E S
A different section of the Wildlife Code applies to animals that decide your property would make a swell place for them to live. "We get a lot of complaints in metropolitan areas about nuisance animals," Swiderski said. "A squirrel living in your tree is not a nuisance animal. To be a nuisance it has to be destroying real property or posing a public health hazard." Nuisance animals are handled in two ways: the homeowner or landowner is issued a removal permit, or they can hire a licensed contractor. "Some villages and suburbs have licensed animal control officers," Swiderski said. "The homeowner's first call should be to their city hall. The second step—if the city doesn't have licensed officers—is to call us. Our department maintains lists of licensed nuisance animal removal contractors." When a complaint is received, DNR usually sends a CPO to verify that a nuisance exists. If it does, the person can be issued a permit specifying how the wildlife will be captured or destroyed and the method of disposal. Scott Garrow, DNR district wildlife biologist in Cook County, encourages people with animal problems to have a professional deal with them. With the exception of skunks and raccoons, live-trapped animals must be returned to the wild, which requires permission from both DNR and the owner of the property where they'll be released. "You can't take them to the nearest farm or forest preserve and let them go," Garrow said, "There's always a possibility of spreading disease from one population to another." He added that all skunks must be euthanized, and raccoons captured by professionals must either be euthanized, released on the same property where they were captured or taken to a licensed veterinarian where they can be observed for a minimum of 45 days before being released. Squirrels or raccoons in attics, skunks under front porches, deer eating shrubbery or rows of corn and coyotes in chicken coops are common nuisances handled under the state statute. Another common pest, especially around golf courses and corporate offices, is the Canada goose. However, since it's a migratory bird, it's protected under both state and federal law. Roy Domazlicky, DNR urban goose biologist, said landowners can discourage geese from nesting by using flags, noise makers (if not prohibited locally), chemical repellants or dogs. Once geese have nested, however, state and federal permits are required to destroy their nests and/or eggs. Permits are issued by DNR and the USFWS through the U.S. Department of Agriculture. Holders of DNR Commercial Wildlife Control permits must also have an additional permit before disturbing nests or eggs of nuisance geese. Swiderski said it's unlawful for anyone to disturb or destroy nests or dens of wild animals, including beaver dams and muskrat food piles, that haven't been determined to be a nuisance. "If a nest or den has been abandoned it may be destroyed," Swiderski said. "Once birds are gone you can remove the nest, but they'll rebuild the nest the next year unless some physical changes are made to prevent them from doing it. The same is true with nuisance animals. If you have raccoons in the attic and have them removed, it solves nothing unless you plug the hole they came in through." The Wildlife Code defines game birds, migratory game birds, resident and migratory non-game birds, game mammals, fur-bearing mammals and other non-game mammals. Non-game species are off-limits to trappers, hunters and the general public. "Basically, if there's no hunting or trapping season for a species it can't legally be possessed," Swiderski said. "Along those lines would be all raptors (hawks, owls, falcons, eagles), songbirds and endangered and threatened species." However, there is an exception to the rule. Animals that may be protected in Illinois might not be in other states. In those instances, the possessor would need permits or tags showing it was legally taken in another state. "The bobcat's a good example," he said. "There's no season for bobcat in Illinois, so you can't take one out of the wild here. But you could legally hunt it in another state where there is a hunting season. You'd have to have the permits from that state, whether it's a hunting license or a metal tag, to prove it was taken legally "In numerous places, the Wildlife Code puts the burden of proof on the person," Swiderski continued. "If they can't prove it was legally taken in another state, it is assumed it was taken out of the wild in Illinois." The prohibition on taking non-game species applies whether it's alive or dead. "You cannot pick up a dead owl or other endangered or threatened species," Swiderski said. "The only facilities that can possess protected species are 40 | Illinois Parks and Recreation O U R N A T U R A L R E S O U R C E S
zoos or scientific or educational institutions with valid scientific or collector's permits. If you see a dead one, note where it is and call your local nature center to see if they need that species." If no institution wants the animal, it must be left there. "It won't go to waste," Swiderski said. "Other animals will eat it." Taking road-kill animals is generally prohibited, Swiderski said, except that game species may be taken in season by those with valid hunting or trapping licenses. Road-kill deer may be taken by anyone, anytime, with the driver of the vehicle involved in the collision having first choice. Persons taking road-kill deer are required to report it to DNR by calling 1.800.406.3477 Monday through Friday. If you take a road kill on a weekend, it must be reported the following Monday. Laws protecting animals also apply to parts of animals. Just as it's illegal to possess owls, it's illegal to possess owl feathers or talons. Paradoxically, parts of animals taken legally may be possessed and even sold. "Legally taken fur-bearing mammals like raccoons can be sold," Swiderski said. "But the person buying it needs a fur buyers license." Fur buyers are required to issue receipts to sellers, keep records of purchases for two years and report purchases to DNR once a year. Licensed taxidermists also are required to keep detailed records. "Two of the problems we run into are flea markets and secondhand shops," Swiderski said. "Oftentimes they have no knowledge of the laws, and we often find things such as stuffed birds of prey they bought at an estate sale being sold in violation of state or federal laws. Most of the time it's done through ignorance. All those things are subject to confiscation because they are illegal to possess." According to Swiderski, a secondhand shop caught selling contraband can be found guilty of a Class A misdemeanor, which carries a fine of up to $2,500 and up to one year in county jail. Other wildlife offenses can carry stiffer penalties, ranging all the way up to Class 2 felonies with fines up to $25,000 and 3 to 7 years in state prison (see sidebar). "The best way to avoid being arrested for illegal possession of wildlife or wildlife parts is to leave wild things in the wild," Swiderski said. "We understand that people usually mean well when they pick up injured or abandoned wildlife, but they need to realize its illegal for them to do that. Just leave it alone, or call us for advice." •
JOHN ALLEN
Penalties for Wildlife Offenses Persons convicted of violating Illinois wildlife laws may face the following penalties: Petty offense: A fine of up to $1,000; Class C misdemeanor: A fine of up to $1,500 and up to 30 days in county jail; Class B misdemeanor: A fine of up to $1,500 and up to 6 months in county jail; Class A misdemeanor: A fine of up to $2,500 and 6 months to a year in county jail; Class 4 felony: A fine of up to $25,000 and 1-3 years in state prison; Class 3 felony: A fine of up to $25,000 and 2-5 years in state prison; Class 2 felony: A fine of up to $25,000 and 3-7 years in state prison. In addition, the wildlife code spells out the monetary value of species illegally taken as follows: eagle, $500; white-tail deer, wild turkey and trumpeter swan, $250; owls, hawks, falcons, kites, harriers, ospreys and other birds of prey, $125; resident and migratory non-game birds (except birds of prey), $50; furbearing mammals and game mammals (except whitetail deer), $25; other mammals, $50; and game birds (except wild turkeys) and migratory game birds (except trumpeter swans), $25.•
For more information The Department of Natural Resources Office of Law Enforcement can be reached at the following numbers: Springfield, 217.782.6431; Region I - Sterling, 815.625.2968; Region II - Spring Grove, 815.675.2385; Region III - Champaign, 217.278.5773; Region IV - Alton, 618.462.1181; Region V - Benton, 618.435.8138; and Lake Michigan Unit - Winthrop Harbor 847.746.2854. Biologists from the DNR Division of Wildlife Resources can be contacted through the five regional offices. The U.S. Department of Agriculture office for nuisance goose problems is in Springfield and can be reached at 217.241.6700. • July/August 2001 | 41 O U R N A T U R A L R E S O U R C E S The Manning Years A decade of accomplishments for Natural Resources. The Department of Natural Resources staff would like to take this opportunity to congratulate Brent Manning on the occasion of his tenth anniversary as director. Manning began his tenure as director of the former Department of Conservation in April 1991 and was named to head the newly created Department of Natural Resources effective July 1, 1995, when a number of agencies, including DOC, merged. Manning's contributions to the Illinois environment and outdoor recreationalists are many, and include the following: Land Acquisition—Director Manning worked with Gov. George H. Ryan's office in spearheading the Illinois Open Land Trust Initiative, which dedicated $160 million over four years to acquire, protect, preserve and enhance Illinois' natural lands for enjoyment by future generations. During the Manning years, more than 100,000 acres of Illinois land have been purchased in conjunction with state and federal agencies for outdoor recreation, including more than 16,000 acres in Perry County (now part of Pyramid State Park), and 15,600 acres at the Jim Edgar Panther Creek Fish and Wildlife Area near Chandlerville. He also was instrumental in the purchase of more than 1,650 acres in Kankakee County, now known as the Braidwood Fish and Wildlife Area.
Restoration—The director was a leading element in the partnership to protect and restore 60,000 acres of wetlands and riparian corridor known at the Cache River Complex in southern Illinois, and he worked with state and federal officials in converting military property to recreational use. This includes turning 19,000 acres of the Joliet Army Arsenal into Midewin National Tallgrass Prairie. He currently is working with officials to protect 10,000 acres of an existing ecosystems and provide recreational opportunities at the Savanna Army Depot. Habitat Improvement —Director Manning has focused on improving habitat on private land too. He was instrumental in winning legislative approval for the State Habitat Stamp, which has generated more than $8.5 million in funding for habitat improvements in Illinois, and he has initiated public/private partnerships to provide expanded land acquisition and hunting opportunities through challenge grants. Under his leadership, DNR hunting and fishing programs have expanded, and a strong emphasis has been placed on increased opportunities for youngsters, women and disabled individuals. He also oversaw the creation of a unique 750-foot-long, 35-foot-wide artificial reef in Lake Michigan to enhance fisheries habitat. Initiatives—More than $10 million for park improvements have resulted from the sale of Environmental license plates that originated under Director Manning's tenure. Also, a series of sportsmen's license plates is being sold to benefit fish and wildlife habitat. The Illinois Conservation Foundation, which has raised in excess of $10 million to be used for conservation efforts in Illinois, and Conservation 2000, a 12-year, $200 million initiative that has been reauthorized through 2009 to protect Illinois' natural resources through local partnerships, are other monumental developments that can be traced to Mannings leadership. Another program, "Illinois Rivers 2020," uses existing federal programs and creates voluntary incentives based on natural resource stewardship. Director Manning also helped develop an ongoing $459 million 42 | Illinois Parks and Recreation O U R N A T U R A L R E S O U R C E S federal/state initiative to restore and preserve the Illinois River Watershed. Other milestones during Manning's 10 years as director, include: • Creation of Conservation Congress as a way for constituents to help guide the agency's programs by recommending actions and addressing issues of critical importance. • Development of the ENTICE program, which provides natural resources training to K-8 school teachers. • Creation of the Sportsmen's Ethics Committee to review outdoor behavior and improve ethics standards. • Working to obtain Wetlands of International Significance status for the Cache River. • Chairing the International Association of Fish and Wildlife Agencies Baiting Committee that led to changes in the Migratory Bird Treaty Act. • Attracting the BASS' BassMasters Classic to Chicago, bringing millions of dollars in tourism and focusing national attention on an emerging bass fishery. • Initiating the development of a new DNR headquarters at Conservation World at the Illinois State Fairgrounds. • Establishing numerous programs to introduce inner city kids, women and disabled individuals to the outdoors.
Boards and Committees—Director Manning is a member of the Executive Committee of the International Association of Fish and Wildlife Agencies, chairs the Ad Hoc Committee on Baiting, co-chairs the Audit Committee and the Federal Budget Committee, and serves as a member of the Legislative Committee. He also is a member of the Migratory Shore and Upland Game Bird Subcommittee. He is a liaison on the Department of Natural Resources Advisory Board, and chairman of the Board of Natural Resources and Conservation for the state's scientific surveys. He chairs the Illinois Conservation Foundation Board, is chairman of the Governor's Illinois Task Force on Global Climate Change, commissioner on the Great Lakes Commission, trustee of the Natural Resource Damage Program, chairman of the Illinois Geographic Information Council, member of the Council on Forestry Development, member of the Illinois State Museum Board, and member of the Surface Mining Advisory Council. Recognition—Director Mannings contributions have not gone unnoticed. In addition to being named to the National Registry of Who's Who in 2001, he received the Ducks Unlimited 2000 Wetland Conservation Award for his leadership and commitment to waterfowl and wetlands conservation; a Certificate of Appreciation for his contributions to the Vaughn Chapter of the Paralyzed Veterans of America; the American Green-ways DuPont Award in 1998 from the Conservation Fund and National Geographic Society; the Conservationist of the Year Award presented by the Migratory Waterfowl Hunters in 1998; the Visionary Award from the Illinois Bowhunters Society in 1995; and the Visionary Award from the Chicagoland Sport Fishing, Travel and Outdoor Show in 1995. Also, he was the recipient of the Golden Glow Public Servant Award from the Association of Great Lakes Outdoor Writers; the President's Citation from the Illinois Association of Park Districts; the National Leadership Award from the National Association of State Outdoor Recreation Liaison Officers; the Great Blue Heron Award for outstanding contributions benefitting waterfowl and migratory birds from the U.S. Fish and Wildlife Service; and, most recently, the Great Rivers Land Trust Gladys Allen Award for his work in preserving natural and scenic lands. That's a lot of work in just 10 years, so join with us in congratulating Director Manning for a job well done. • This article was reprinted from the June 2001 issue of OutdoorIllinois with permission granted from the Illinois Department of Natural Resources. July/August 2001 | 43 O U R N A T U R A L R E S O U R C E S NEWS BRIEFS New state parks magazine available Residents and visitors to Illinois will find lots of helpful information for planning a visit to a state park, lake, lodge, campground or trail in the new edition of the Illinois State Parks Magazine, a free publication of the Department of Natural Resources. The magazine highlights facilities at state parks and recreation areas, including information on lodges, marinas, boating, hunting and fishing opportunities, and a variety of other recreational activities. This year's 80-page edition also highlights the state's Disabled Outdoor Opportunities program, conservation and wildlife preservation initiatives, educational and cultural opportunities for children and adults, and Illinois State Museum facilities and galleries. The 2001 edition of the magazine is available free of charge at state parks. Department of Natural Resources offices and at state tourist information and visitor centers. A copy of the magazine also can be obtained by writing: DNR Clearinghouse, 524 S. Second St., Springfield, IL 62701, calling 217.782.7498 or e-mailing clearmg@dnrmail.state.il.us. • Fishing programs now underway Children and families can experience the fun of fishing by participating in the Department of Natural Resources' free urban fishing clinics this summer, and anyone interested in fishing can borrow the needed equipment through the popular Access to Fishing equipment loan program. The free Urban Fishing Program clinics are geared toward children ages 16 and younger, but anyone interested in learning basic fishing techniques may attend. Clinics also can be arranged for special needs or senior groups. The clinics are presented weekdays at 29 locations throughout the state. Instructors employed by DNR present information on fish and other aquatic life, fishing rules and regulations and fishing basics, including how to bait a hook, tie a knot, cast, catch, handle and return a fish to the water. Participants are then provided with rods, reels, bait and tackle for a half-hour of catch-and-release fishing. The Access to Fishing equipment loan program is a statewide initiative in which more than 130 local public libraries, park and forest preserve districts, recreation departments, bait shops and other sites make available to would-be anglers rods, reels and tackle packs. A schedule of urban clinic dates, locations and contact information, plus a listing of locations where fishing tackle is available from the loaner program can be obtained by writing DNR Division of Fisheries, 524 S. Second St., Springfield, IL 62701, or by calling 217.782.6424. • Make safe boating a part of summer fun Boat operators and passengers are reminded to be safe on the water this boating season by wearing life jackets, being alert to others on the water and by staying sober. Statistics compiled by DNR's Office of Law Enforcement include 14 fatalities and 76 injuries as a result of boating accidents in Illinois in 2000. Those compare with 13 deaths and 75 injuries in boating accidents in 1999, 19 fatalities and 107 injuries in 1998, 14 deaths and 81 injuries in 1997, and 27 fatalities and 90 injuries in 1996. There were a total of 155 boating accidents involving 231 vessels in Illinois last year, compared with 159 boating accidents involving 238 vessels in 1999. "Eleven of the 14 people who died in boating accidents last year were not wearing life jackets," said DNR law enforcement chief Tom Wakolbinger. Illinois law requires that life jackets, also known as personal flotation devices or PFDs, be available for each person aboard a boat or other watercraft. State law also requires anyone operating a personal watercraft to wear a life jacket, and those under the age of 13 must wear a life jacket while aboard any watercraft under 26 feet in length at all times the boat is underway, unless they are below deck in an enclosed cabin. DNR offers free boating safety courses to review boating laws and provide instruction on safe and attentive operation of watercraft. Contact the DNR Safety Education Office at 1.800.832.2599, Ameritech Relay 800.526.0844, TTY 217.782.9175 or http://dnr.state.il.us/. • 44 | Illinois Parks and Recreation |
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