Section 11-0521. Destructive wildlife; taking pursuant to permit  


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  • 1.  The  department may direct any environmental conservation officer,
      or issue a permit to any person,  to  take  any  wildlife  at  any  time
      whenever  it  becomes  a  nuisance,  destructive  to  public  or private
      property or a threat to public health  or  welfare,  provided,  however,
      that  where  such  wildlife  is  a  bear, no such permit shall be issued
      except upon proof of damage to such property or threat to public  health
      or  safety presented to the department. Upon presentation of such proof,
      the department may  issue  a  permit  authorizing  the  use  of  trained
      tracking  dogs  pursuant to section 11-0928 of this article, and, if the
      department has determined that  no  other  alternative  is  feasible,  a
      separate permit to take the bear. Wildlife so taken shall be disposed of
      as the department may direct.
        2.  The  department  may, by permit issued to a landowner, permit such
      landowner, and any person he may designate in writing as his  agent,  to
      take  beaver  on  lands  owned  by  the  permittee, during any specified
      period,  in  any  specified  number,  and  by   any   specified   means,
      notwithstanding  the provision contained in paragraph d of subdivision 3
      of section 11-0901 or any other provision of the Fish and Wildlife  Law.
      Beaver so taken shall be disposed of as the department may direct.
        3.  Nothing  in  this  section  shall  be  construed  as  requiring or
      obligating the department to issue a  permit  to  take  wildlife  or  to
      direct  the  taking  of  any  wildlife when in its opinion the nuisance,
      destruction of property or threat to public health and welfare will  not
      be effectively abated thereby.