TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER c: ENDANGERED SPECIES
PART 1070 POSSESSION OF SPECIMENS OR PRODUCTS OF ENDANGERED OR THREATENED SPECIES
SECTION 1070.30 PERMIT PROVISIONS


 

Section 1070.30  Permit Provisions

 

To take, possess, transport, purchase, or dispose of specimens or products of endangered or threatened animals or federal endangered plants after the date of listing, an applicant must provide a scientific, educational, or zoological/botanical justification to keep such animals, animal products, plants, or plant products.

 

a)         Scientific Purpose – Persons planning to conduct research involving endangered or threatened animals or federal endangered plants must apply for a permit for scientific purposes.

 

1)         In addition to completing a permit application form provided by the Department, the applicant for a scientific permit must submit:

 

A)        an outline of the proposed research, including the scientific justification for such research, methods to be used, needs for the use of an endangered or threatened species, and a statement as to how the proposed research will enhance the survival and well-being of the species involved;

 

B)        a description, including photographs, of the facilities intended for use in holding the endangered or threatened species; and

 

C)        a statement of the qualifications of the applicant to conduct the proposed research, including educational history, experience in similar research, and a list of pertinent publications and professional activities.

 

2)         Scientific purposes include, but may not be limited to:

 

A)        study of biology, physiology, or behavior of the affected species; and

 

B)        banding or otherwise marking these species including eggs, seeds, dens, nests, or progeny.

 

3)         A permit for scientific purposes will be approved if the research proposal meets the following criteria:

 

A)        the applicant's credentials indicate training and experience which will assure that the applicant has the ability to conduct the proposed research.

 

B)        the proposed research cannot be conducted using a non-listed species;

 

C)        the proposed research can be expected to yield results which will enhance the survival and welfare of wild populations of the species involved; and

 

D)        the facilities to be used to house endangered or threatened species are shown to meet the standards defined in Sections 1070.60 or 1070.70 of this Part.

 

b)         Educational Purposes – Persons wishing to utilize specimens or products of endangered or threatened animals or federal endangered plants in an educational program must apply for a permit for educational purposes. Permits for educational purposes will be issued only to institutions (e.g., schools, museums, zoos) or to individuals employed and/or sponsored by such an institution.

 

1)         In addition to completing a permit application form provided by the Department, the applicant for an educational permit must submit:

 

A)        an outline of the educational program to be presented.  Every educational program shall include information on the endangered or threatened status of the specimens being displayed and an explanation of the legal acquisition of the specimens;

 

B)        a list of all similar programs conducted by the applicant during the two years preceding the application for an educational permit, including estimates of the number of persons attending each presentation;

 

C)        a statement as to how the possession of the specimens or products of endangered or threatened animals or federal endangered plants by the applicant will enhance the welfare of the species involved;

 

D)        a description, including photographs, of the facilities intended for use in holding the endangered or threatened species; and

 

E)        a verified statement that any specimens to be used in the educational program will be obtained legally.

 

2)         A permit for educational purposes will be issued if the proposed educational program meets the following criteria:

 

A)        the credentials of the applicant indicate training and experience which will assure that the applicant has the ability to conduct the proposed program;

 

B)        the program promotes the survival of the endangered or threatened species and its natural habitat;

 

C)        the program promotes understanding of the ecological needs of natural populations of the species;

 

D)        the program promotes understanding of the role of the endangered or threatened species in its natural environment; and

 

E)        the facilities to be used to house endangered or threatened species are shown to meet the standards defined in Section 1070.60 or 1070.70 of this Part.

 

c)         Zoological/Botanical Purpose – Persons wishing to display specimens or products of endangered or threatened animals or federal endangered plants in a zoological/botanical program (e.g., zoological parks, aquaria, arboreta) must apply for a permit for zoological/botanical purposes.  If specimens to be held under a permit for zoological/botanical purposes are to be available for public viewing, the public display shall include a notice which describes the endangered or threatened status of the species and explains the means of legal acquisition of the specimens.  Such notice shall be posted prominently in a location easily visible to all visitors.

 

1)         In addition to completing a permit application form provided by the Department, the applicant for a zoological/botanical permit must submit:

 

A)        a photostatic copy of an Exhibitor Permit issued by the U.S. Department of Agriculture;

 

B)        an outline of all proposed programs that would utilize specimens or products of endangered or threatened species;

 

C)        a statement of the training and experience of those persons to be responsible for the care of the endangered or threatened species;

 

D)        a statement as to how the possession of the specimens or products of endangered or threatened animals or federal endangered plants by the applicant will enhance the welfare of the species involved;

 

E)        a description, including photographs, of the facilities intended for use in holding the endangered or threatened species; and

 

F)         a verified statement that any specimens to be used in a zoological/botanical program will be legally obtained.

 

2)         A permit for zoological/botanical purposes will be issued if the proposed zoological/botanical program meets the following criteria:

 

A)        the credentials of the applicant indicate training and experience which will assure that the applicant has the ability to conduct the proposed program;

 

B)        the program promotes the survival of the endangered or threatened species and its natural habitat;

 

C)        the program promotes understanding of the ecological needs of natural populations of the species;

 

D)        the program promotes understanding of the role of the endangered or threatened species in its natural environment; and

 

E)        the facilities to be used to house endangered or threatened species are shown to meet the standards defined in Section 1070.60 or 1070.70 of this Part.

 

d)         Permit for Propagation of Endangered or Threatened Species – Persons wishing to propagate or attempt to propagate any endangered or threatened species of animal or federal endangered plant must apply for a permit for such purposes.  Propagation permits may be issued as an addendum to permits for scientific or zoological/botanical purposes.  A permit for educational purposes shall not include permission to propagate or attempt to propagate endangered or threatened species.  A permit issued pursuant to 17 Ill. Adm. Code 1590 (Falconry and the Captive Propagation of Raptors) for the propagation of raptors shall be deemed to meet the requirement of this Part.

 

1)         In addition to the materials submitted as application for a scientific or zoological/botanical permit, the applicant for a propagation permit must submit:

 

A)        a statement as to how the propagation of endangered or threatened animals or federal endangered plants by the applicant will enhance the welfare of the species;

 

B)        a statement describing the disposition of any successfully propagated individuals.  Release of such individuals into natural populations or attempts to reintroduce a species into an area where it is known or believed to have formerly occurred will be allowed only with the express written consent of the Director, pursuant to Sections 2.2 and 2.3 of the Wildlife Code [520 ILCS 5/2.2 and 2.3]; and

 

C)        a statement as to how the propagation of the endangered or threatened species is necessary for the success of the scientific or zoological/botanical project.

 

2)         A permit for the propagation or attempted propagation of endangered or threatened animals or federal endangered plants will be issued if the proposed propagation project meets the following criteria:

 

A)        propagation of the species will enhance the survival and welfare of the species through supplementation of natural populations or by adding significantly to the knowledge of the species in its natural environment; and

 

B)        propagation is essential to the completion of the objectives stated in the application for a permit for scientific or zoological/botanical purposes.

 

e)         The holder of a permit may allow temporary possession of animal products covered by that permit by a licensed taxidermist for the purpose of providing taxidermic services (e.g. mounting, cleaning, tanning).  A copy of the permit or a signed statement by the permit holder attesting to the existence of such a permit must accompany the products while in the possession of the taxidermist.  Taxidermic services shall be provided only by persons licensed as taxidermists by the Department pursuant to Section 5-15 of the Fish Code  [515 ILCS 5/5-15] and Section 3.21 of the Wildlife Code [520 ILCS 5/3.21] or by appropriate authorities of another state.

 

f)         The holder of a permit may dispose of specimens or products covered by that permit through transfer or scrapping only after a permit for disposal has been applied for and received from the Department.  The application for a transfer permit shall include the name and address of the intended recipient of the specimens or product.  Transfer will be allowed only after the intended recipient has applied for and received the necessary permit for possession.

 

(Source:  Amended at 27 Ill. Reg. 10040, effective June 23, 2003)