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Full Text of SB0902  98th General Assembly

SB0902eng 98TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Herptiles-Herps Act.
 
7    Section 1-5. Purpose. For purposes of this Act, reptiles
8and amphibians shall be exempt from the definition of "aquatic
9life" under Section 1-20 of the Fish and Aquatic Life Code. All
10rules and enforcement actions under the Illinois Conservation
11Law and the dangerous animals provisions in Section 48-10 of
12the Criminal Code of 2012 related to reptiles and amphibians
13shall be covered exclusively by this Act.
 
14    Section 1-10. Administrative agency. This Act shall be
15administered and under the direction of the Department of
16Natural Resources.
 
17    Section 1-15. Definitions. For the purposes of this Act,
18unless the context clearly requires otherwise, the following
19terms are defined as:
20    "Administrative rule" means a regulatory measure issued by

 

 

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1the Director under this Act.
2    "Authorized law enforcement officer" means all sworn
3members of the Law Enforcement Division of the Department and
4those persons specifically granted law enforcement
5authorization by the Director.
6    "Bona fide scientific or educational institution" means
7confirming educational or scientific tax-exemption, from the
8federal Internal Revenue Service or the applicant's national,
9state, or local tax authority, or a statement of accreditation
10or recognition as an educational institution.
11    "Contraband" means all reptile or amphibian life or any
12part of reptile or amphibian life taken, bought, sold or
13bartered, shipped, or held in possession or any conveyance,
14vehicle, watercraft, or other means of transportation
15whatsoever, except sealed railroad cars or other sealed common
16carriers, used to transport or ship any reptile or amphibian
17life or any part of reptile or amphibian life taken, contrary
18to this Act, including administrative rules, or used to
19transport, contrary to this Act, including administrative
20rules, any of the specified species when taken illegally.
21    "Culling" means picking out from others and removing
22rejected members because of inferior quality.
23    "Department" means the Illinois Department of Natural
24Resources.
25    "Director" means the Director of the Illinois Department of
26Natural Resources.

 

 

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1    "Educational program" means a program of organized
2instruction or study for providing education intended to meet a
3public need.
4    "Endangered or threatened species" means any species
5listed as endangered or threatened to the species level on
6either the Illinois List of Endangered and Threatened Fauna or
7the federal U.S. Fish and Wildlife Service List of Threatened
8and Endangered Species.
9    "Herptile" means collectively any amphibian or reptile
10taxon, whether indigenous to this State or not.
11    "Indigenous or native taxa" means those amphibians and
12reptiles to the subspecies level that can be found naturally in
13this State.
14    "Individual" means a natural person.
15    "Medically significant" means a venomous or poisonous
16species whose venom or toxin can cause death or serious illness
17or injury in humans that may require emergency room care or the
18immediate care of a physician. These species are categorized as
19being "medically significant" or "medically important".
20    "Owner" means an individual who has a legal right to the
21possession of a herptile.
22    "Person" means any individual, partnership, corporation,
23organization, trade or professional association, firm, limited
24liability company, joint venture, or group.
25    "Possession limit" means the maximum number or amount of
26herptiles that can be lawfully held or possessed by one person

 

 

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1at any time.
2    "Possessor" means any person who possesses, keeps,
3harbors, brings into the State, cares for, acts as a custodian
4for, has in his or her custody or control, or holds a property
5right to a herptile.
6    "Reptile show" means any event open to the public, for a
7fee or without a fee, that is not a licensed pet store, where
8herptiles or herptiles together with other animals are
9exhibited, displayed, sold, bought, traded, or otherwise made
10available for public display.
11    "Resident" means a person who in good faith makes
12application for any license or permit and verifies by statement
13that he or she has maintained his or her permanent abode in
14this State for a period of at least 30 consecutive days
15immediately preceding the person's application, and who does
16not maintain permanent abode or claim residency in another
17state for the purposes of obtaining any of the same or similar
18licenses or permits under this Act. A person's permanent abode
19is his or her fixed and permanent dwelling place, as
20distinguished from a temporary or transient place of residence.
21Domiciliary intent is required to establish that the person is
22maintaining his or her permanent abode in this State. Evidence
23of domiciliary intent includes, but is not limited to, the
24location where the person votes, pays personal income tax, or
25obtains a drivers license. Any person on active duty in the
26Armed Forces shall be considered a resident of Illinois during

 

 

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1his or her period of military duty.
2    "Special use herptile" means any taxon of amphibian or
3reptile for which a Herptile Special Use permit is required.
4    "Take" means possess, collect, catch, detain, hunt, shoot,
5pursue, lure, kill, destroy, capture, gig or spear, trap or
6ensnare, harass, or an attempt to do so.
7    "Transport" or "ship" means to convey by parcel post,
8express, freight, baggage, or shipment by common carrier or any
9description; by automobile, motorcycle, or other vehicle of any
10kind; by water or aircraft of any kind; or by any other means
11of transportation.
12    "Turtle farming" means the act of breeding, hatching,
13raising, selling turtles, or any combination commercially for
14the purpose of providing turtles, turtle eggs, or turtle parts
15to pet suppliers, exporters, and food industries.
16    "Wildlife sanctuary" means any non-profit organization
17that: (1) is exempt from taxation under the federal Internal
18Revenue Code and is currently confirmed as tax exempt by the
19federal Internal Revenue Service; (2) operates a place of
20refuge where wild animals are provided care for their lifetime
21or released back to their natural range; (3) does not conduct
22activities on animals in its possession that are not inherent
23to the animal's nature; (4) does not use animals in its
24possession for entertainment; (5) does not sell, trade, or
25barter animals in its possession or parts of those animals; and
26(6) does not breed animals in its possession.
 

 

 

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1
ARTICLE 5. INDIGENOUS OR
2
NATIVE HERPTILE TAXA

 
3    Section 5-5. Possession limits.
4    (a) The possession limit for indigenous amphibian and
5reptile taxa (excluding common snapping turtles and bullfrogs)
6is 8 total collectively with no more than 4 per species. Young
7of gravid wild-collected amphibians and reptiles shall be
8returned to the site of adult capture after birth.
9    (b) Only residents may possess herptiles collected from the
10wild within this State under a valid sport fishing license;
11non-residents may not possess herptiles collected from the wild
12within this State except for scientific purposes, with a
13Herptile Scientific Collection permit.
14    (c) All herptile species (other than bullfrogs and common
15snapping turtles) may be captured by hand. This shall not
16restrict the use of legally taken herptiles as bait by anglers.
17Any captured herptiles that are not to be retained in the
18possession of the captor shall be immediately released at the
19site of capture, unless taken with a lethal method such as bow
20and arrow, gig, spear, or pitchfork which does not permit
21release without harm. All common snapping turtles and bullfrogs
22taken for personal consumption must be kept and counted in the
23daily catch creel or bag. No culling of these 2 species for
24personal consumption is permitted.

 

 

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1    (d) The trier of fact may infer that a person is collecting
2from the wild within this State if he or she possesses
3indigenous reptiles or amphibians, in whole or in part, if no
4documentation exists stating that the animals were legally
5collected from the wild outside of this State.
6    (e) Residents may possess a total of 8 native herp
7specimens collectively, with no more than 4 per species,
8without obtaining and possessing either a Herptile Scientific
9Collection permit or Herpetoculture permit from the
10Department, regardless of the origin of the species. A sport
11fishing license is required for residents to legally collect
12any native herp taxon on private land, with the landowner's
13permission. Collecting herptiles on public lands shall require
14additional permits.
15    (f) Any resident wishing to possess more than his or her
16allowed possession limit shall first apply to the Department
17for a Herptile Scientific Collection permit or Herpetoculture
18permit to do so. Issuance, modification, or denial of any and
19all of these permits shall be at the sole discretion of the
20Department.
21    (g) Due to the similarity of appearance (S/A) of certain
22intergrade or hybrid specimens, the Department retains the
23authority to enforce any and all provisions under this Act.
24Specimens determined by the Department, or its agents, to fit
25into this S/A category shall receive all benefits of this Act,
26as well as the Illinois Endangered Species Protection Act if

 

 

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1applicable, and shall be included in an individual's overall
2possession limit.
 
3    Section 5-10. Commercialization; herpetoculture.
4    (a) It is unlawful to take, possess, buy, sell, offer to
5buy or sell or barter any reptile, amphibian, or their eggs,
6any resulting offspring, or parts taken from the wild in this
7State for commercial purposes unless otherwise authorized by
8law.
9    (b) The trier of fact may infer that a person is collecting
10from the wild within this State for commercial purposes if he
11or she possesses indigenous reptiles or amphibians, in whole or
12in part, for which no documentation exists stating that the
13animals were legally collected from the wild outside this
14State.
15    (c) Due to the similarity of appearance (S/A) of certain
16intergrade or hybrid specimens, the Department retains the
17authority to enforce any and all provisions under this Act.
18Specimens determined by the Department, or its agents, to fit
19into this S/A category shall receive all benefits of this Act,
20as well as the Illinois Endangered Species Protection Act if
21applicable, and shall be included in an individual's overall
22possession limit.
23    (d) A valid, Department-issued Herpetoculture permit shall
24apply only to indigenous herp taxa. A Herpetoculture permit
25shall not be required in order to commercialize non-indigenous

 

 

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1herp taxa except as otherwise prohibited or regulated under
2this Act.
3    (e) Indigenous herp taxa collected from the wild in this
4State may not be bred unless otherwise authorized by the
5Department for research or recovery purposes.
 
6    Section 5-15. Protection of habitat. Habitat features that
7are disturbed in the course of searching for reptiles and
8amphibians shall be returned to as near its original position
9and condition as possible, for example overturned stones and
10logs shall be restored to their original locations.
 
11    Section 5-20. Taking of endangered or threatened species.
12    (a) No person shall take or possess any of the herptiles
13listed in the Illinois Endangered Species Protection Act or
14subsequent administrative rules, except as provided by that
15Act.
16    (b) Any Department-permitted threatened or endangered
17(T/E) herptile species shall be exempt from an individual's
18overall possession under the permitting system set forth in
19this Act. However, any and all T/E specimens shall be
20officially recorded with the Department's Endangered Species
21Conservation Program. Any species occurring on the federal T/E
22list also requires a Department permit for possession,
23propagation, sale, or offer for sale unless otherwise permitted
24through the Department.

 

 

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1    (c) Due to the similarity of appearance (S/A) of certain
2intergrade or hybrid specimens, the Department retains the
3authority to enforce any and all provisions under this Act.
4Specimens determined by the Department, or agents, to fit into
5this S/A category shall receive all benefits of this Act, as
6well as the Illinois Endangered Species Protection Act if
7applicable, and shall be included in an individual's overall
8possession limit.
9    (d) Federally licensed exhibits shall not be exempt from
10the Illinois Endangered Species Protection Act.
11    (e) Any changes in T/E permit numbers for herptiles by
12current, existing permit holders shall be reported to the
13Department in writing no later than the first business day
14after that change occurred. Requests for permits by any
15resident acquiring a T/E species who is not permitted shall not
16be issued after-the-fact.
17    (f) Annual reports are due by January 31 of each year for
18the preceding year's activities. Failure to submit the annual
19report by the due date shall result in a permit violation.
20    (g) An annual fee for herptile T/E species permits, per
21permittee, shall be set by administrative rule. All fees for
22herptile T/E species permits shall be deposited into the
23Wildlife Preservation Fund.
24    (h) Procedures for acquisition, breeding, and sales of T/E
25herptile species shall be set forth in administrative rule.
26    (i) Record keeping requirements for T/E herptile species

 

 

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1shall be set forth in administrative rule.
 
2    Section 5-25. Taking of snakes. Unless otherwise provided
3in this Act, any non-threatened or non-endangered snake may be
4taken by the owners or bona fide tenants of lands actually
5residing on the lands and their children, parents, brothers,
6and sisters permanently residing with them.
 
7    Section 5-30. Taking of turtles or bullfrogs; illegal
8devices.
9    (a) No person shall take turtles or bullfrogs by commercial
10fishing devices, including dip nets, hoop nets, traps, or
11seines, or by the use of firearms, airguns, or gas guns.
12Turtles may be taken only by hand or means of hook and line.
13    (b) Bullfrog; common snapping turtle; open season.
14        (1) All individuals taking bullfrogs shall possess a
15    valid sport fishing license and may take bullfrogs only
16    during the open season to be specified by administrative
17    rule. Bullfrogs may only be taken by hook and line, gig,
18    pitchfork, spear, bow and arrow, hand, or landing net.
19        (2) The daily catch limit and total possession limit
20    for all properly licensed persons shall be specified by
21    administrative rule.
22        (3) All persons taking common snapping turtles shall
23    possess a valid sport fishing license and may take common
24    snapping turtles only during the open season to be

 

 

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1    specified by administrative rule. Common snapping turtles
2    (Chelydra serpentina) may be taken only by hand, hook and
3    line, or bow and arrow, except in the counties listed in
4    Section 5-35 where bowfishing for common snapping turtles
5    is not allowed.
6        (4) The daily catch limit and total possession limit
7    for all properly licensed persons shall be specified by
8    administrative rule.
9    (c) The alligator snapping turtle (Macrochelys temminckii)
10is protected and may not be taken by any method including, but
11not limited to, any sport fishing method.
 
12    Section 5-35. Areas closed to the taking of reptiles and
13amphibians.
14    (a) Unless otherwise allowed by law or administrative rule,
15the taking of reptiles and amphibians at any time and by any
16method is prohibited in the following areas:
17    The LaRue-Pine Hills or Otter Pond Research Natural Area in
18    Union County. The closed area shall include the Research
19    Natural Area as designated by the U.S. Forest Service and
20    the right-of-way of Forest Road 345 with Forest Road 236 to
21    the intersection of Forest Road 345 with the Missouri
22    Pacific railroad tracks. Unless otherwise authorized,
23    possession of any collecting equipment is prohibited
24    within the closed area.
25    (b) In the following counties bowfishing for common

 

 

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1snapping turtles is not permitted: Randolph, Perry, Franklin,
2Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union,
3Johnson, Pope, Hardin, Massac, Pulaski, and Alexander, or in
4any additional counties added through administrative rule.
5    (c) Collection of wild turtles for races or other types of
6events involving congregating and gathering numbers of wild
7turtles is prohibited in counties where ranavirus has been
8documented. Inclusion on the county list shall be determined by
9rule.
 
10    Section 5-40. Translocation and release of herptiles.
11    (a) Except as provided for in subsection (a) of Section
125-5, no herptile indigenous species may be moved, translocated,
13or populations repatriated within this State without approval
14of the Department, after review of a proposal complete with
15long-term monitoring plan at least 5 years post-release.
16    (b) It shall be unlawful to intentionally or negligently
17release any non-indigenous herptile species into this State.
 
18
ARTICLE 10. VENOMOUS REPTILES

 
19    Section 10-5. Venomous reptile defined. Venomous reptiles
20include, but are not limited to, any medically significant
21venomous species of the families or genera of the Order
22Squamata: Helodermatidae, such as gila monsters and beaded
23lizards; Elapidae, such as cobras and coral snakes;

 

 

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1Hydrophiidae, such as sea snakes; Viperidae and Crotalinae,
2such as vipers and pit vipers; Atractaspididae, such as
3burrowing asps; Colubridae in the following genera that shall
4be determined by administrative rule: West Indian racers
5(Alsophis); boigas and mangrove snakes (Boiga); road guarders
6(Conophis); Boomslangs (Dispholidus); false water cobras
7(Hydrodynastes); varied or hooded keelbacks (Macropisthodon);
8Malagasy cat-eyed snakes (Madagascarophis); Montpellier snakes
9(Malpolon); kukri snakes (Oligodon); collared snakes
10(Phalotris); palm snakes or green racers (Philodryas); sand
11snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked
12snakes (Rhamphiophis); twig snakes (Thelotornis); black tree
13snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes
14(Waglerophis); false fer-de-lances (Xenodon); specimens or
15eggs of the brown tree snake (Boiga irregularis); and any other
16species added through legislative process designated.
 
17    Section 10-10. Surgically altered venomous reptiles. It is
18not a defense to a violation of Article 65 that the person
19violating that Article has had the venomous reptile surgically
20altered to render it harmless.
 
21    Section 10-15. Venomous reptile permit requirements. In
22addition to those requirements listed in Articles 60 and 65 of
23this Act, Herptile Special Use permits may be issued to
24residents using approved venomous reptile species only for bona

 

 

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1fide educational programs, following an inspection and
2approval of the proposed facilities. A minimum of 6 documented
3programs shall be required of each permittee per calendar year.
4Unless addressed or exempted by administrative rule, annual
5permit renewal must be accompanied by a non-refundable fee as
6set by the Department by administrative rule and documented
7proof of educational programs completed on the recipient's
8letterhead. Prospective permittees must have 250 documented
9hours of experience with venomous reptiles. The Department or
10the Department of Agriculture reserves the right to inspect
11permittees and facilities during reasonable hours. Additions
12to permits must be approved prior to acquisition of additional
13venomous reptiles, and any changes shall be reported to the
14Department in writing no later than the first business day
15after that change occurred.
 
16    Section 10-20. Approved venomous reptiles. Permittees may
17keep legally obtained venomous reptile specimens native to the
18United States, except the following species: Eastern
19diamondback rattlesnakes (Crotalus adamanteus); Western
20diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes
21(Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus
22oreganus helleri); Eastern and Texas coral snakes (Micrurus
23fulvius); Sonoran coral snakes (Micruroides euryxanthus); and
24timber/canebrake rattlesnakes (Crotalus horridus) from the
25southern portions of their range (Oklahoma, southern Arkansas,

 

 

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1Louisiana, and also southeastern South Carolina south through
2eastern Georgia to northern Florida), known as "Type A" and
3containing canebrake toxin.
4    Except for Boomslangs (Dispholidus), twig snakes
5(Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green
6racer (Philodryas olfersii), and brown tree snake (Boiga
7irregularis), medically significant snakes in the family
8Colubridae defined in Section 10-5 of this Article may be
9possessed with a permit.
 
10    Section 10-25. Maintenance of venomous reptiles.
11Permittees shall keep approved venomous reptiles in strong
12escape-proof enclosures that at a minimum are: impact
13resistant, locked at all times, prominently labeled with the
14permittee's full name, address, telephone number, list of cage
15contents by scientific and common names, and a sign labeled
16"venomous". The signage shall also include the type and
17location of antivenom and contact information of the person or
18organization possessing the antivenom.
 
19    Section 10-30. Educational programs with approved venomous
20reptiles. Permittees shall keep approved venomous reptiles in
21strong escape-proof enclosures that at a minimum are: impact
22resistant, locked at all times, prominently labeled with the
23permittee's full name, address, telephone number, list of cage
24contents by scientific and common names, and a sign labeled

 

 

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1"venomous". Labeling shall also include the type and location
2of antivenom and contact information of the person or
3organization possessing the antivenom. Interiors of enclosures
4may not be accessible to the public.
 
5    Section 10-35. Transport of approved venomous reptiles.
6During transport of any approved venomous reptile, it must be
7kept out of sight of the public in an escape-proof enclosure at
8all times that is labeled "venomous". Transport of any venomous
9reptile to any public venue, commercial establishment, retail
10establishment, or educational institution shall only be for
11bona fide educational programs or veterinary care.
 
12    Section 10-40. Additional regulations. Venomous reptiles
13shall not be bred, sold, or offered for sale within this State.
14The Department may approve limited transfers among existing
15permittees at the sole discretion of the Department.
16    As determined by the Department, non-residents may apply
17for a permit not to exceed 15 consecutive days to use venomous
18reptiles in bona fide educational programs. The fee for the
19permit shall be set by administrative rule, and all fees shall
20be deposited into the Wildlife and Fish Fund.
 
21
ARTICLE 15. BOAS,
22
PYTHONS, AND ANACONDAS

 

 

 

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1    Section 15-5. Boas, pythons, and anacondas. Nothing shall
2prohibit lawfully acquired possession of any of the Boidae
3family, such as boas, pythons, and anacondas, provided captive
4maintenance requirements from the Department as set forth in
5this Act are met. All boas, pythons, and anacondas referenced
6in this Act are exempt from the permit process, associated
7annual fee, and liability insurance coverage.
 
8    Section 15-10. Maintenance of boas, pythons, and
9anacondas. Any species of boa, python, or anaconda not native
10to the United States, regardless of length, must be properly
11maintained in suitable, strong, impact resistant, escape-proof
12enclosures at all times unless being used for bona fide
13educational programs or trips for veterinary care.
 
14    Section 15-15. Educational programs with boas, pythons,
15and anacondas. During any bona fide educational program
16involving boas, pythons, or anacondas not native to the United
17States, the owner or affiliated agent must maintain physical
18possession of the snake at all times if removed from a
19container or cage. Interiors of cages or containers used during
20educational programs may not be accessible to the public.
 
21    Section 15-20. Transport of boas, pythons, and anacondas.
22During transport of any boa, python, or anaconda, the snake
23must be kept out of sight of the public in an escape-proof

 

 

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1enclosure at all times.
 
2    Section 15-25. Use of boas, pythons, and anacondas at
3reptile shows. An owner or affiliated agent must have physical
4possession and control of any boa, python, or anaconda that is
5not native to the United States at all times if removed from a
6container or cage. Uncontained boas, pythons, or anacondas
7removed from cages for examination or onlooker interaction must
8be kept confined either behind or at a display table. Interiors
9of cages or containers may not be accessible to the public.
 
10
ARTICLE 20. CROCODILIANS

 
11    Section 20-5. Crocodilians. "Crocodilians" means any
12species of the Order Crocodilia, such as crocodiles,
13alligators, caimans, and gavials.
 
14    Section 20-10. Crocodilian permit requirements. In
15addition to the requirements listed in Articles 60 and 65 of
16this Act, Herptile Special Use permits may be issued to
17residents using crocodilian species only for bona fide
18educational programs, following an inspection and approval of
19the proposed facilities. A minimum of 6 documented programs
20shall be required of each permittee per calendar year. Unless
21addressed or exempted by administrative rule, annual permit
22renewal must be accompanied by a non-refundable fee as set by

 

 

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1the Department and documented proof of educational programs
2completed on the recipient's letterhead. The Department or the
3Department of Agriculture reserves the right to inspect
4permittees and facilities during reasonable hours. Additions
5to permits must be approved prior to acquisition of additional
6crocodilians, and any changes shall be reported to the
7Department in writing no later than the first business day
8after that change occurred.
 
9    Section 20-15. Maintenance of crocodilians. Permittees
10shall keep crocodilians maintained in suitable, strong, impact
11resistant, escape-proof enclosures at all times unless being
12used for bona fide educational programs or trips for veterinary
13care.
 
14    Section 20-20. Educational programs with crocodilians.
15During any bona fide educational program involving
16crocodilians, the owner or affiliated agent must maintain
17physical possession and control of the crocodilian at all times
18if removed from a container or cage. Interiors of cages or
19containers used during educational programs may not be
20accessible to the public. Crocodilians removed from their cage
21or enclosure for educational programs must have either the
22mouth banded or taped shut or kept at a minimum of 10 feet from
23the public and also kept out of direct contact with the public.
 

 

 

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1    Section 20-25. Transport of crocodilians. During transport
2of any crocodilian, it must be kept out of sight of the public
3in an escape-proof enclosure at all times. Transport of any
4crocodilian to any public venue, commercial establishment,
5retail establishment, or educational institution shall only be
6for bona fide educational programs or veterinary care.
 
7    Section 20-30. Additional regulations. Crocodilians shall
8not be bred, sold, or offered for sale within this State.
9    As determined by the Department, non-residents may apply
10for a permit not to exceed 15 consecutive days to use
11crocodilians in bona fide educational programs. The fee for
12this permit shall be set by administrative rule, and all fees
13shall be deposited into the Wildlife and Fish Fund.
 
14
ARTICLE 25. MONITOR LIZARDS

 
15    Section 25-5. Monitor lizards. "Monitor lizards" means the
16following members of the Varanidae family, specifically
17crocodile monitors as well as Komodo dragons.
 
18    Section 25-10. Monitor lizard permit requirements. In
19addition to those requirements listed in Articles 60 and 65 of
20this Act, Herptile Special Use permits may be issued to
21residents using monitor lizard species only for bona fide
22educational programs, following an inspection and approval of

 

 

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1the proposed facilities. A minimum of 6 documented programs on
2the family Varanidae shall be required of each permittee per
3calendar year. Unless addressed or exempted by administrative
4rule, annual permit renewal must be accompanied by a
5non-refundable fee as set by the Department and documented
6proof of educational programs completed on the recipient's
7letterhead. The Department or the Department of Agriculture
8reserves the right to inspect permittees and facilities during
9reasonable hours. Additions to permits must be approved prior
10to acquisition of additional monitor lizards, and any changes
11shall be reported to the Department in writing no later than
12the first business day after that change occurred.
 
13    Section 25-15. Maintenance of monitor lizards. Permittees
14shall keep monitor lizards maintained in suitable, strong,
15impact resistant, escape-proof enclosures at all times unless
16being used for bona fide educational programs or trips for
17veterinary care.
 
18    Section 25-20. Educational programs with monitor lizards.
19During any bona fide educational program involving monitor
20lizards, the owner or affiliated agent must maintain physical
21possession and control of the monitor lizard at all times if
22removed from a container or cage. Interiors of cages or
23containers used during educational programs may not be
24accessible to the public. Monitor lizards removed from their

 

 

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1cage or enclosure for educational programs must have either the
2mouth banded or taped shut, or kept at a minimum of 10 feet
3from the public and also kept out of direct contact with the
4public.
 
5    Section 25-25. Transport of monitor lizards. During
6transport of any monitor lizard, it must be kept out of sight
7of the public in an escape-proof enclosure at all times.
8Transport of a monitor lizard to any public venue, commercial
9establishment, retail establishment, or educational
10institution shall only be for bona fide educational programs or
11veterinary care.
 
12    Section 25-30. Additional regulations. Monitor lizards
13shall not be bred, sold, or offered for sale within this State.
14    As determined by the Department, non-residents may apply
15for a permit not to exceed 15 consecutive days to use monitor
16lizards in bona fide educational programs. The fee for the
17permit shall be set by administrative rule, and all fees shall
18be deposited into the Wildlife and Fish Fund.
 
19
ARTICLE 30. TURTLES

 
20    Section 30-5. Turtles. It is unlawful to buy, sell, or
21offer to sell, or otherwise commercialize (including, but not
22limited to, offering as a commercial incentive, trading, or

 

 

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1otherwise use for the purpose of profit or pecuniary gain) any
2species of aquatic or semi-aquatic turtles in the Order
3Testudines (except for the terrestrial tortoises in the family
4Testudinidae) with a carapace length of 4 inches or less or
5their eggs within this State. With prior approval from the
6Department, in its sole discretion, sales or offers for sale of
7aquatic or semi-aquatic turtles with a carapace length of 4
8inches or less or their eggs may be allowed to bona fide
9scientific or educational institutions.
 
10    Section 30-10. Turtle farming. Turtles shall not be
11commercially farmed in this State.
 
12    Section 30-15. Turtle collection. Collection of wild
13turtles for races or other types of events involving
14congregating and gathering numbers of wild turtles is
15prohibited in counties where ranavirus has been documented.
16Inclusion on the county list shall be determined by rule.
 
17
ARTICLE 35. AMPHIBIANS

 
18    Section 35-5. Amphibians. For the purposes of this Section,
19"amphibians" means those medically significant poisonous
20amphibians capable of causing bodily harm to humans or animals,
21including, but not limited to, cane or marine toads (Bufo
22marinus) and Colorado river toads (Bufo alvarius), or any other

 

 

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1amphibian found to be medically significant and shall only be
2allowed for bona fide educational purposes or research purposes
3by exempted institutions.
4    Poison dart frogs bred and raised in captivity shall be
5exempt from the permit process.
 
6
ARTICLE 40. HERPTILE SCIENTIFIC
7
COLLECTION PERMITS

 
8    Section 40-5. Permit issuance. Herptile Scientific
9Collection permits may be granted by the Department, in its
10sole discretion, to any properly accredited person at least 18
11years of age, permitting the capture, marking, handling,
12banding, or collecting (including hide, skin, bones, teeth,
13claws, nests, eggs, or young), for strictly scientific
14purposes, of any of the herptiles not listed as endangered or
15threatened but now protected under this Act. A Herptile
16Scientific Collection permit may be granted to qualified
17individuals for purpose of salvaging dead, sick, or injured
18herptiles not listed as endangered or threatened but protected
19by this Act for permanent donation to bona fide public or state
20scientific, educational, or zoological institutions.
21Collecting herptiles on public lands shall require additional
22permits.
 
23    Section 40-10. Permit requirements. The criteria and

 

 

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1standards for a Herptile Scientific Collection permit shall be
2provided by administrative rule. The Department shall set forth
3applicable rules covering qualifications and facilities needed
4to obtain a permit. Disposition of herptiles taken under the
5authority of this Article shall be specified by the Department.
6The holder of each permit shall make to the Department a report
7in writing upon forms furnished by the Department. These
8reports shall be made (i) annually if the permit is granted for
9a period of one year or (ii) within 30 days after the
10expiration of the permit if the permit is granted for a period
11of less than one year. These reports shall include information
12that the Department considers necessary.
 
13
ARTICLE 45. HERPTILE SCIENTIFIC
14
COLLECTION PERMIT APPLICATION AND FEES

 
15    Section 45-5. Permit application and fees. An applicant for
16a Herptile Scientific Collection permit must file an
17application with the Department on a form provided by the
18Department. The application must include all information and
19requirements as set by administrative rule. The application for
20these permits shall be reviewed by the Department to determine
21if a permit should be issued.
22    Unless addressed or exempted by administrative rule,
23annual permit renewal must be accompanied by non-refundable fee
24as set by the Department. The annual fee for a Herptile

 

 

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1Scientific Collection permit shall be set by administrative
2rule. The Department shall adopt, by administrative rule, any
3additional procedures for the renewal of a Herptile Scientific
4Collection permit. All fees shall be deposited into the Fish
5and Wildlife Fund.
 
6
ARTICLE 50. HERPETOCULTURE PERMITS

 
7    Section 50-5. Permit issuance. Any person or business who
8engages in the breeding, hatching, propagation, sale, or offer
9for sale of any indigenous herptile, regardless of origin,
10shall procure a permit from the Department. Herptiles
11specified, which are bred, hatched, propagated, or legally
12obtained by a person or business holding a permit as provided
13for in this Article, may be transported and sold or offered for
14sale within this State. Indigenous herp taxa collected from the
15wild in this State shall not be bred unless otherwise
16authorized by the Department for research or recovery purposes.
 
17    Section 50-10. Permit requirements. Herpetoculture permit
18holders shall maintain written records of all herptiles
19indigenous to this State bought, sold, hatched, propagated,
20sold, or shipped for a minimum of 2 years after the date of the
21transaction and shall be made immediately available to
22authorized employees of the Department upon request. These
23records shall include the name and address of the buyer and

 

 

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1seller, the appropriate permit number of the buyer and seller,
2the date of the transaction, the species name (both common and
3scientific), and the origin of herptile involved. Records of
4the annual operations, as may be required by the Department,
5shall be forwarded to the Department upon request.
6    The criteria and standards for a Herpetoculture permit
7shall be provided by administrative rule. The Department shall
8set forth applicable rules, including a list of herptiles
9indigenous to this State.
 
10
ARTICLE 55. HERPETOCULTURE
11
PERMIT APPLICATION AND FEES

 
12    Section 55-5. Permit application and fees. An applicant
13for a Herpetoculture permit must file an application with the
14Department on a form provided by the Department. The
15application must include all information and requirements as
16set forth by administrative rule. The application for these
17permits shall be reviewed by the Department to determine if a
18permit should be issued.
19    Unless addressed or exempted by administrative rule,
20annual permit renewal must be accompanied by a non-refundable
21fee as set by the Department. The annual fee for a residential
22Herpetoculture permit shall be set by administrative rule. The
23Department shall adopt, by administrative rule, any additional
24procedures for the renewal of a Herpetoculture permit. All fees

 

 

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1shall be deposited into the Wildlife and Fish Fund.
2    As determined by the Department, non-residents may apply
3for a permit not to exceed 15 consecutive days to commercialize
4herptiles indigenous to this State as outlined in this Article.
5The fee for the permit shall be set by administrative rule, and
6all fees shall be deposited into the Wildlife and Fish Fund.
7    The Department shall adopt, by administrative rule,
8additional procedures for the renewal of annual Herpetoculture
9permits.
 
10    Section 55-10. Additional regulations. Nothing in
11Articles 50 and 55 shall be construed to give permittees
12authority to breed, hatch, propagate, sell, offer for sale, or
13otherwise commercialize any herptile or parts thereof from
14herptiles indigenous to this State, either partially or in
15whole, that originate from the wild in this State.
16    Any offspring resulting from the breeding of herptiles
17where one parent has been taken from the wild in this State and
18the other parent from non-Illinois stock or captive bred stock
19may not be legally sold or otherwise commercialized and shall
20be treated as indigenous or native Illinois herp taxa subject
21to Article 5 of this Act.
22    Color or pattern variations (morphs) of any herptile
23indigenous to this State are not exempt from this Article.
24    Due to the similarity of appearance (S/A) of certain
25intergrade or hybrid specimens, the Department retains the

 

 

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1authority to enforce any and all provisions under this Act.
2Specimens determined by the Department, or its agents, to fit
3into this S/A category shall receive all benefits of this Act,
4as well as the Illinois Endangered Species Protection Act if
5applicable.
 
6
ARTICLE 60. HERPTILE SPECIAL
7
USE PERMIT REQUIREMENTS

 
8    Section 60-5. Permit requirements. Prior to any person
9obtaining a Herptile Special Use permit, the following criteria
10must be met:
11        (1) the person was in legal possession and is the legal
12    possessor of the herptile prior to the effective date of
13    this Act and the person applies for and is granted a
14    Personal Possession permit for each special use herptile in
15    the person's possession within 30 days after the enactment
16    of this Act; or
17        (2) prior to acquiring a Herptile Special Use permit,
18    the person must provide the name, address, date of birth,
19    permit number, telephone number of the possessor, type or
20    species, and the date the herptile is to be acquired.
21    The applicant must comply with all requirements of this Act
22and the rules adopted by the Department to obtain a Herptile
23Special Use permit. Prior to the issuance of the Herptile
24Special Use permit, the applicant must provide proof of

 

 

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1liability insurance or surety bond, either individually, or in
2the name of the entity giving the bona fide educational
3programs, in the amount of $100,000 for each special use
4herptile up to a maximum of $1,000,000 and the insurance or
5surety bond is to be maintained during the term of the permit
6for liability for any incident arising out of or relating to
7the special use herptile.
 
8
ARTICLE 65. HERPTILE SPECIAL USE
9
PERMIT APPLICATION AND FEES

 
10    Section 65-5. Permit application and fees. An applicant for
11a Herptile Special Use permit must file an application with the
12Department on a form provided by the Department. The
13application must include all information and requirements as
14set forth by administrative rule.
15    The annual fee for a residential Herptile Special Use
16permit shall be set by administrative rule on a per person
17basis. The Herptile Special Use permit shall not be based on
18the number of special use herptile kept by an owner or
19possessor. All fees shall be deposited into the Wildlife and
20Fish Fund.
21    The Department shall adopt, by administrative rule,
22procedures for the renewal of annual Herptile Special Use
23permits.
24    Any person possessing and in legal possession of a special

 

 

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1use herptile as stipulated in this Article that no longer
2wishes to keep the herptile may be assisted by the Department,
3at no charge to them and without prosecution, to place the
4special use herptile in a new home, within 30 days after the
5effective date of this Act.
6    The Department may issue a Limited Entry permit to an
7applicant who: (i) is not a resident of this State; (ii)
8complies with the requirements of this Act and all rules
9adopted by the Department under the authority of this Act;
10(iii) provides proof to the Department that he or she shall,
11during the permit term, maintain sufficient liability
12insurance coverage; (iv) pays to the Department, along with
13each application for a Limited Entry permit, a non-refundable
14fee as set by administrative rule, which the Department shall
15deposit into the Wildlife and Fish Fund; and (v) uses the
16herptile for an activity authorized in the Limited Entry
17permit. A Limited Entry permit shall be valid for not more than
1830 consecutive days unless extended by the Department, however,
19no extension shall be longer than 15 days.
 
20
ARTICLE 70. SUSPENSION OF
21
PRIVILEGES AND REVOCATION OF
22
HERPTILE SPECIAL USE PERMITS

 
23    Section 70-5. Suspension of privileges and revocation of
24permits. A person who does not hold a Herptile Special Use

 

 

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1permit or Limited Entry permit and who violates a provision of
2this Act or an administrative rule authorized under this Act
3shall have his or her privileges under this Act suspended for
4up to 5 years after the date that he or she is in violation of
5an initial offense, for up to 10 years after the date that he
6or she is in violation of a second offense, and for life for a
7third or subsequent offense. Department suspensions and
8revocations shall be addressed by administrative rule.
9    A person who holds a Herptile Special Use permit or Limited
10Entry permit and who violates the provisions of this Act shall
11have his or her permit revoked and permit privileges under this
12Act suspended for a period of up to 2 years after the date that
13he or she is found guilty of an initial offense, for up to 10
14years after the date that he or she is found guilty of a second
15offense, and for life for a third offense. Department
16suspensions and revocations shall be addressed by
17administrative rule.
18    A person whose privileges to possess a special use herptile
19have been suspended or permit revoked may appeal that decision
20in accordance with the provisions set forth in administrative
21rule.
 
22
ARTICLE 75. RECORD KEEPING REQUIREMENTS
23
OF SPECIAL USE HERPTILES

 
24    Section 75-5. Record keeping requirements. A person who

 

 

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1possesses a special use herptile must maintain records
2pertaining to the acquisition, possession, and disposition of
3the special use herptile as provided by administrative rule.
4These records shall be maintained for a minimum of 2 years
5after the date the special use herptile is no longer in
6possession of the permit holder. All records are subject to
7inspection by authorized law enforcement officers. In addition
8to maintaining records, all special use herptiles must be
9either pit-tagged or microchipped to individually identify
10them and the pit-tag or microchip numbers are also to be
11maintained as other pertinent records, unless otherwise
12provided by administrative rule.
 
13
ARTICLE 80. INJURY TO A
14
MEMBER OF PUBLIC BY
15
SPECIAL USE HERPTILES

 
16    Section 80-5. Injury to a member of public by special use
17herptiles. A person who possesses a special use herptile
18without complying with the requirements of this Act and the
19rules adopted under the authority of this Act and whose special
20use herptile harms a person when the possessor knew or should
21have known that the herptile had a propensity, when provoked or
22unprovoked, to harm, cause injury to, or otherwise
23substantially endanger a member of the public is guilty of a
24Class A misdemeanor. A person who fails to comply with the

 

 

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1provisions of this Act and the rules adopted under the
2authority of this Act and who intentionally or knowingly allow
3a special use herptile to cause great bodily harm to, or the
4death of, a human is guilty of a Class 4 felony.
 
5
ARTICLE 85. PROHIBITED ACTS WITH
6
SPECIAL USE HERPTILES

 
7    Section 85-5. Prohibited acts. Except as otherwise
8provided in this Act or by administrative rule, a person shall
9not own, possess, keep, import, transfer, harbor, bring into
10this State, breed, propagate, buy, sell, or offer to sell, or
11have in his or her custody or control a special use herptile.
12    A person shall not release any special use herptile into
13the wild at any time unless authorized by the Director in
14writing. The possessor of a special use herptile must
15immediately contact the animal control authority or law
16enforcement agency of the municipality or county where the
17possessor resides if a special use herptile escapes or is
18released.
19    The possessor of a special use herptile shall not keep,
20harbor, care for, transport, act as the custodian of, or
21maintain in his or her possession the special use herptile in
22anything other than an escape-proof enclosure.
23    The possessor of a special use herptile shall not transport
24the special use herptile to or possess the special use herptile

 

 

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1at a public venue, commercial establishment, retail
2establishment, or educational institution unless specifically
3authorized by permit or required to render veterinary care to
4the special use herptile.
5    The possessor of a special use herptile, at all reasonable
6times, shall not deny the Department or its designated agents
7and officers access to premises where the possessor keeps a
8special use herptile to ensure compliance with this Act.
9    Except as otherwise provided in this Act or by
10administrative rule, a person shall not buy, sell, or barter,
11or offer to buy, sell, or barter a special use herptile.
 
12
ARTICLE 90. PENALTIES

 
13    Section 90-5. Penalties. A person who violates Article 85
14of this Act is guilty of a Class A misdemeanor for a first
15offense and a Class 4 felony for a second or subsequent offense
16occurring within one year after a finding of guilt on a first
17offense. A person who violates Article 75 of this Act is guilty
18of a Class B misdemeanor. Each day of a violation constitutes a
19separate offense. Any other violation of this Act is a Class A
20misdemeanor unless otherwise stated.
21    All fines and penalties collected under the authority of
22this Act or its administrative rules shall be deposited into
23the Wildlife and Fish Fund.
 

 

 

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1
ARTICLE 95. CIVIL
2
LIABILITY AND IMMUNITY

 
3    Section 95-5. Assumption of risk. Each person who owns,
4possesses, or keeps a herptile expressly assumes the risk of
5and legal responsibility for injury, loss, or damage to the
6person or the person's property that results from the
7ownership, possession, or keeping, of the herptile. Each owner,
8keeper, or possessor of a herptile shall be solely liable to
9manage, care for, and control a particular species, and it
10shall be the duty of each owner, keeper, or possessor, to
11maintain reasonable control of the particular herptile at all
12times, and to refrain from acting in a manner that may cause or
13contribute to the injury of person, whether in public or on
14private property.
 
15    Section 95-10. Civil liability and immunity. If any
16herptile escapes or is released, the owner and possessor of the
17herptile shall be strictly liable for all costs incurred in
18apprehending and confining the herptile, including any
19injuries incurred to humans or damage to property, both real
20and personal, including pets and livestock, and the owner shall
21indemnify any animal control officer, police officer, or
22Department employee acting in his or her official capacity to
23capture or control an escaped herptile.
24    The owner, keeper, or possessor of an escaped herptile

 

 

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1shall be solely responsible for any and all liabilities arising
2out of or in connection with the escape or release of any
3herptile including liability for any damage, injury, or death
4caused by or to the herptile during or after the herptile's
5escape or release or as a result of the apprehension or
6confinement of the herptile after its escape or release. In
7addition, the owner, keeper, or possessor of an escaped
8herptile shall be solely responsible for any and all costs
9incurred by an animal control officer, police officer, or
10Department employee acting in his or her official capacity to
11capture or control an escaped herptile.
12    A licensed veterinarian who may have cause to treat a
13special use herptile that is in violation of this Act shall not
14be held liable, except for willful and wanton misconduct, under
15this Act provided that the veterinarian (i) promptly reports
16violations of this Act of which he or she has knowledge to a
17law enforcement agency within 24 hours after becoming aware of
18the incident; (ii) provides the name, address, and phone number
19of the person possessing the special use herptile at time of
20incident or treatment; (iii) provides the name and address of
21the owner of the special use herptile if known; (iv) identifies
22the kind and number of special use herptiles being treated; and
23(v) describes the reason for the treatment of the special use
24herptile.
 
25
ARTICLE 100. SEIZURE AND FORFEITURE

 

 

 

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1    Section 100-5. Prima facie evidence; confiscation. The
2possession of any reptile or amphibian life or any part of
3reptile or amphibian life protected under this Act is prima
4facie evidence that the reptile or amphibian life or any part
5of reptile or amphibian life is subject to the provisions of
6this Act, including administrative rules.
7    Whenever the contents of any box, barrel, package, or
8receptacle consists partly of contraband and partly of legal
9reptile or amphibian life or any part of reptile or amphibian
10life, the entire contents of the box, barrel, or package, or
11other receptacle are subject to confiscation.
12    Whenever a person has in his or her possession in excess of
13the number of reptile or amphibian life or any parts of reptile
14or amphibian life permitted under this Act, including
15administrative rules, the entire number of reptile or amphibian
16life or any parts of reptile or amphibian life in his or her
17possession is subject to confiscation.
 
18    Section 100-10. Search and seizure. Whenever any
19authorized employee of the Department, sheriff, deputy
20sheriff, or other peace office of the State has reason to
21believe that any person, owner, possessor, commercial
22institution, pet store, or reptile show vendor or attendee
23possesses any reptile or amphibian life or any part of reptile
24or amphibian life contrary to the provisions of this Act,

 

 

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1including administrative rules, he or she may file, or cause to
2be filed, a sworn complaint to that effect before the circuit
3court and procure and execute a search warrant. Upon execution
4of the search warrant, the officer executing the search warrant
5shall make due return of the search warrant to the court
6issuing the search warrant, together with an inventory of all
7the reptile or amphibian life or any part of reptile or
8amphibian life taken under the search warrant. The court shall
9then issue process against the party owning, controlling, or
10transporting the reptile or amphibian life or any part of
11reptile or amphibian life seized, and upon its return shall
12proceed to determine whether or not the reptile or amphibian
13life or any part of reptile or amphibian life was held,
14possessed, or transported in violation of this Act, including
15administrative rules. In case of a finding that the reptile or
16amphibian life was illegally held, possessed, transported, or
17sold, a judgment shall be entered against the owner or party
18found in possession of the reptile or amphibian life or any
19part of reptile or amphibian life for the costs of the
20proceeding and providing for the disposition of the property
21seized, as provided for by this Act.
 
22    Section 100-15. Seizure and forfeiture. If any person is
23found to possess a special use herptile that is in violation of
24this Act, including any administrative rules, then the special
25use herptile and any equipment or items used contrary to this

 

 

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1Act shall be subject to seizure and forfeiture by the
2Department. Any special use herptile seized in violation of
3this Act may immediately be placed in a facility approved by
4the Department.
5    If a person's special use herptile has been seized by the
6Department, then the owner and possessor of the special use
7herptile is liable for the reasonable costs associated with the
8seizure, placement, testing, and care for the special use
9herptile from the time of confiscation until the time the
10special use herptile is relocated to an approved facility or
11person holding a valid Herptile Special Use permit or is
12otherwise disposed of by the Department.
13    Any special use herptile and related items found abandoned
14shall become the property of the Department and disposed of
15according to Department rule.
16    The circuit court, in addition to any other penalty, may
17award any seized or confiscated special use herptiles or items
18to the Department as provided for in Section 1-215 of the Fish
19and Aquatic Life Code and Section 1.25 of the Wildlife Code.
20Further, the court, in addition to any other penalty, may
21assess a fee upon a person who pleads guilty to the provisions
22of this Act equal to the amount established or determined to
23maintain the special use herptile until it is permanently
24placed in a facility approved by the Department or otherwise
25disposed of.
 

 

 

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1
ARTICLE 105. GENERAL PROVISIONS

 
2    Section 105-5. Administrative rules. The Department is
3authorized to adopt administrative rules for carrying out,
4administering, and enforcing the provisions of this Act. The
5administrative rules shall be adopted in accordance with the
6Illinois Administrative Procedure Act.
7    Rules, after becoming effective, shall be enforced in the
8same manner as other provisions of this Act. It is unlawful for
9any person to violate any provision of any administrative rule
10adopted by the Department. Violators of administrative rules
11are subject to the penalties in this Act.
 
12    Section 105-10. Conservation of reptiles and amphibians.
13The Department shall take all measures necessary for the
14conservation, distribution, introduction, and restoration of
15reptiles and amphibians. The Department shall also bring or
16cause to be brought actions and proceedings, in the name and by
17the authority of the People of the State of Illinois, to
18enforce this Act, including administrative rules, and to
19recover any and all fines and penalties provided for in this
20Act. Nothing in this Act shall be construed to authorize the
21Department to change any penalty prescribed by law or to change
22the amount of license fees or the authority conferred by
23licenses prescribed by law. The Department is authorized to
24cooperate with the appropriate Departments of the federal

 

 

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1government and other Departments or agencies of State
2government and educational institutions in conducting surveys,
3experiments, or work of joint interest or benefit.
 
4    Section 105-15. Peace officers. All employees of the
5Department authorized by the Director shall have the power of,
6and shall be, peace officers in the enforcement of this Act,
7including administrative rules, and may carry weapons as may be
8necessary in the performance of his or her duties.
 
9    Section 105-20. Arrests; warrants. All authorized
10employees of the Department and all sheriffs, deputy sheriffs,
11and other police officers shall arrest any person detected in
12violation of any of the provisions of this Act, including
13administrative rules. Any duly accredited officer of the
14federal Fish and Wildlife Service and U.S. Forest Service may
15arrest any person detected in violation of any of the
16provisions of this Act, including administrative rules.
17    All officers shall make prompt investigation of any
18violation of this Act, including administrative rules,
19reported by any other persons and shall cause a complaint to be
20filed when there seems just ground for a complaint and evidence
21procurable to support the complaint.
22    Upon the filing of a complaint, the officers shall render
23assistance in the prosecution of the party against whom the
24complaint is made.

 

 

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1    Peace officers, other than employees of the Department,
2making arrests and serving warrants provided for by this Act
3shall receive the fees and mileage as provided for by law for
4sheriffs.
5    Each duly accredited officer and authorized employee of the
6Department is empowered to execute and serve all warrants and
7processes issued by the circuit court.
 
8    Section 105-25. Prosecutions; State's Attorneys. All
9prosecutions shall be brought in the name and by the authority
10of the People of the State of Illinois before the circuit court
11for the county where the offense was committed.
12    All State's Attorneys shall enforce the provisions of this
13Act, including administrative rules, in his or her respective
14county and shall prosecute all persons charged with violating
15its provisions when requested by the Department.
 
16    Section 105-30. Statute of limitations. All prosecutions
17under this Act shall be commenced within 2 years after the time
18the offense charged was committed.
 
19    Section 105-35. Collection of fines. All fines provided for
20by this Act shall be collected and remitted to the Department's
21Wildlife and Fish Fund, within 30 days after the collection of
22the fine, by the clerk of the circuit court collecting the
23fines who shall submit at the same time to the Department a

 

 

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1statement of the names of the persons so fined and the name of
2the arresting officer, the offense committed, the amount of the
3fine, and the date of the conviction.
 
4    Section 105-40. Power of entry and examination; access to
5lands and waters. Authorized employees of the Department are
6empowered, under law, to enter all lands and waters to enforce
7this Act. Authorized employees are further empowered to examine
8all buildings, private or public clubs (except dwellings), fish
9markets, reptile shows, pet stores, camps, vessels, cars
10(except sealed railroad cars or other sealed common carriers),
11conveyances, vehicles, watercraft, or any other means of
12transportation or shipping, tents, bags, pillowcases, coats,
13jackets, or other receptacles and to open any box, barrel,
14package, or other receptacle in the possession of a common
15carrier, that they have reason to believe contains reptile or
16amphibian life or any part of reptile or amphibian life taken,
17bought, sold or bartered, shipped, or had in possession
18contrary to this Act, including administrative rules, or that
19the receptacle containing the reptile or amphibian is falsely
20labeled.
21    Authorized employees of the Department shall be given free
22access to and shall not be hindered or interfered with in
23making an entry and examination. Any permit or license held by
24a person preventing free access or interfering with or
25hindering an employee shall not be issued to that person for

 

 

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1the period of one year after his or her action.
2    Employees of the Department, as specifically authorized by
3the Director, are empowered to enter all lands and waters for
4the purpose of reptile or amphibian investigations, State and
5federal permit inspections, as well as reptile or amphibian
6censuses or inventories, and are further empowered to conduct
7examination of equipment and devices in the field, under law,
8to ensure compliance with this Act.
 
9    Section 105-45. Obstructing an officer. It shall be
10unlawful for any person to resist or obstruct any officer or
11employee of the Department in the discharge of his or her
12duties under this Act. Any person who violates this provision
13is guilty of a Class A misdemeanor.
 
14    Section 105-50. Posing as an officer or employee. It shall
15be unlawful for any person to represent himself or herself
16falsely to be an officer or employee of the Department or to
17assume to act as an officer or employee of the Department
18without having been duly appointed and employed. Any person who
19violates this provision is guilty of a Class A misdemeanor.
 
20    Section 105-55. Illegal collecting devices; public
21nuisance. Every collecting device, including seines, nets,
22traps, pillowcases, bags, snake hooks or tongs, or any
23electrical device or any other devices including vehicles or

 

 

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1conveyance, watercraft, or aircraft used or operated illegally
2or attempted to be used or operated illegally by any person in
3taking, transporting, holding, or conveying any reptile or
4amphibian life or any part of reptile or amphibian life,
5contrary to this Act, including administrative rules, shall be
6deemed a public nuisance and therefore illegal and subject to
7seizure and confiscation by any authorized employee of the
8Department. Upon the seizure of this item, the Department shall
9take and hold the item until disposed of as provided in this
10Act.
11    Upon the seizure of any device because of its illegal use,
12the officer or authorized employee of the Department making the
13seizure shall, as soon as reasonably possible, cause a
14complaint to be filed before the circuit court and a summons to
15be issued requiring the owner or person in possession of the
16property to appear in court and show cause why the device
17seized should not be forfeited to the State. Upon the return of
18the summons duly served or upon posting or publication of
19notice as provided in this Act, the court shall proceed to
20determine the question of the illegality of the use of the
21seized property. Upon judgment being entered that the property
22was illegally used, an order shall be entered providing for the
23forfeiture of the seized property to the State. The owner of
24the property may have a jury determine the illegality of its
25use and shall have the right of an appeal as in other civil
26cases. Confiscation or forfeiture shall not preclude or

 

 

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1mitigate against prosecution and assessment of penalties
2provided in Article 90 of this Act.
3    Upon seizure of any property under circumstances
4supporting a reasonable belief that the property was abandoned,
5lost, stolen, or otherwise illegally possessed or used contrary
6to this Act, except property seized during a search or arrest,
7and ultimately returned, destroyed, or otherwise disposed of
8under order of a court in accordance with this Act, the
9authorized employee of the Department shall make reasonable
10inquiry and efforts to identify and notify the owner or other
11person entitled to possession of the property and shall return
12the property after the person provides reasonable and
13satisfactory proof of his or her ownership or right to
14possession and reimburses the Department for all reasonable
15expenses of custody. If the identity or location of the owner
16or other person entitled to possession of the property has not
17been ascertained within 6 months after the Department obtains
18possession, the Department shall effectuate the sale of the
19property for cash to the highest bidder at a public auction.
20The owner or other person entitled to possession of the
21property may claim and recover possession of the property at
22any time before its sale at public auction upon providing
23reasonable and satisfactory proof of ownership or right of
24possession and reimbursing the Department for all reasonable
25expenses of custody.
26    Any property forfeited to the State by court order under

 

 

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1this Section may be disposed of by public auction, except that
2any property that is the subject of a court order shall not be
3disposed of pending appeal of the order. The proceeds of the
4sales at auction shall be deposited in the Wildlife and Fish
5Fund.
6    The Department shall pay all costs of posting or
7publication of notices required by this Section.
 
8    Section 105-60. Violations; separate offenses. Each act of
9pursuing, taking, shipping, offered or received for shipping,
10offering or receiving for shipment, transporting, buying,
11selling or bartering, or having in one's possession any
12protected reptile or amphibian life or any part of reptile or
13amphibian life, seines, nets, bags, snake hooks or tongs, or
14other devices used or to be used in violation of this Act,
15including administrative rules, constitutes a separate
16offense.
 
17    Section 105-65. Accessory to violation. Any person who aids
18in or contributes in any way to a violation of this Act,
19including administrative rules, is individually liable, as a
20separate offense under this Act, for the penalties imposed
21against the person who committed the violation.
 
22    Section 105-70. Permit fraudulently obtained. No person
23shall at any time:

 

 

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1    (1) falsify, alter, or change in any manner, or provide
2deceptive or false information required for any permit issued
3under the provisions of this Act;
4    (2) falsify any record required by this Act;
5    (3) counterfeit any form of permit provided for by this
6Act;
7    (4) loan or transfer to another person any permit issued
8under this Act; or
9    (5) use any permit issued to another person under this Act.
10    It is unlawful to possess any permit issued under the
11provisions of this Act that was fraudulently obtained or which
12the person or permittee knew, or should have known, was
13falsified, altered, changed in any manner, or fraudulently
14obtained.
15    The Department shall revoke all permits and suspend all
16privileges under this Act of any person violating this Section
17for a period of not less than 3 years. The procedures for
18suspension under this Section shall be as provided for in
19administrative rule. Anyone who violates a provision of this
20Section shall be guilty of a Class A misdemeanor.
 
21    Section 105-75. Wildlife and Fish Fund; disposition of
22money received. All fees, fines, income of whatever kind or
23nature derived from reptile and amphibian activities regulated
24by this Act on lands, waters, or both under the jurisdiction or
25control of the Department and all penalties collected under

 

 

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1this Act shall be deposited into the State treasury and shall
2be set apart in a special fund known as the Wildlife and Fish
3Fund.
 
4    Section 105-80. Ownership and title of wild indigenous
5reptiles and amphibians. The ownership of and title to all wild
6indigenous reptile and amphibian life within the boundaries of
7the State are hereby declared to be in the State and no wild
8indigenous reptile and amphibian life shall be taken or killed,
9in any manner or at any time, unless the person or persons
10taking or killing the wild indigenous reptile and amphibian
11life shall consent that the title to the wild indigenous
12reptile and amphibian life shall be and remain in the State for
13the purpose of regulating the taking, killing, possession, use,
14sale, and transportation of wild indigenous reptile and
15amphibian life after taking or killing, as set forth in this
16Act.
 
17    Section 105-85. Application. This Act shall apply to
18reptile and amphibian life or any part of reptile and amphibian
19life (i) in or from any of the waters or lands wholly within
20the boundaries of the State or over which the State has
21concurrent jurisdiction with any other state or (ii) which may
22be possessed in or brought into the State.
 
23    Section 105-90. Taking on private property. It is unlawful

 

 

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1for any person to take or attempt to take any species of
2reptile or amphibian, or parts thereof, within or upon the land
3of another, or upon waters flowing over or standing on the land
4of another, without first obtaining permission from the owner
5or the owner's designee. For the purposes of this Section, the
6owner's designee means anyone who the owner designates in a
7written authorization and the authorization must contain (i)
8the legal or common description of property for which the
9authority is given, (ii) the extent that the owner's designee
10is authorized to make decisions regarding who is allowed to
11take or attempt to take any species of reptiles or amphibians,
12or parts thereof, and (iii) the owner's notarized signature.
13Before enforcing this Section, the law enforcement officer must
14have received notice from the owner or the owner's designee of
15a violation of this Section. Statements made to a law
16enforcement officer regarding this notice shall not be rendered
17inadmissible by the hearsay rule when offered for the purpose
18of showing the required notice. Any person who violates this
19Section shall be guilty of a Class B misdemeanor.
 
20    Section 105-95. Financial value of herptiles.
21    (a) For purposes of this Section, the financial value of
22all reptiles and amphibians described under this Act taken,
23possessed, or used in violation of this Act, whether in whole
24or in part, is as follows:
25        (1) for processed turtle parts, $8 for each pound or

 

 

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1    fraction of a pound; for each non-processed turtle, $15 per
2    whole turtle or fair market value, whichever is greater;
3        (2) for frogs, toads, salamanders, lizards, and
4    snakes, $5 per herptile or fair market value, whichever is
5    greater, in whole or in part, unless specified as a special
6    use herptile;
7        (3) for any special use herptile, the value shall be no
8    less than $250 per special use herptile or fair market
9    value, whichever is greater;
10        (4) for any endangered or threatened herptile, the
11    value shall be no less than $150 per endangered or
12    threatend herptile or fair market value, whichever is
13    greater; and
14        (5) any person who, for profit or commercial purposes,
15    knowingly captures or kills, possesses, offers for sale,
16    sells, offers to barter, barters, offers to purchase,
17    purchases, delivers for shipment, ships, exports, imports,
18    causes to be shipped, exported, or imported, delivers for
19    transportation, transports, or causes to be transported,
20    carries or causes to be carried, or receives for shipment,
21    transportation, carriage, or export any reptile or
22    amphibian life, in part or in whole, of any of the reptiles
23    and amphibians protected by this Act, and that reptile or
24    amphibian life, in whole or in part, is valued at or in
25    excess of a total of $300 or fair market value, whichever
26    is greater, as per value specified in paragraphs (1), (2),

 

 

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1    (3), and (4) of this subsection commits a Class 3 felony.
2    (b) The trier of fact may infer that a person "knowingly
3possesses" a reptile or amphibian, in whole or in part,
4captured or killed in violation of this Act, valued at or in
5excess of $600, as per value specified in paragraphs (1), (2),
6(3), and (4) of subsection (a) of this Section.
 
7    Section 105-100. Home rule. A municipality or county may
8adopt an ordinance governing amphibian and reptile species that
9is more restrictive than this Act.
 
10
ARTICLE 110. EXEMPTIONS

 
11    Section 110-5. Exemptions. When acting in their official
12capacity, the following entities and their agents are exempt
13from Articles 75 and 85 of this Act:
14        (1) public zoos or aquaria accredited by the
15    Association of Zoos and Aquariums;
16        (2) licensed veterinarians or anyone operating under
17    the authority of a licensed veterinarian;
18        (3) wildlife sanctuaries;
19        (4) accredited research or medical institutions;
20        (5) licensed or accredited educational institutions;
21        (6) circuses licensed and in compliance with the Animal
22    Welfare Act and all rules adopted by the Department of
23    Agriculture;

 

 

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1        (7) federal, State, and local law enforcement
2    officers, including animal control officers acting under
3    the authority of this Act;
4        (8) members of federal, State, or local agencies
5    approved by the Department;
6        (9) any bona fide wildlife rehabilitation facility
7    licensed or otherwise authorized by the Department; and
8        (10) any motion picture or television production
9    company that uses licensed dealers, exhibitors, and
10    transporters under the federal Animal Welfare Act, 7 U.S.C.
11    2132.
 
12    Section 900-5. The Fish and Aquatic Life Code is amended by
13changing Sections 1-20, 5-25, 10-30, 10-35, 10-60, 10-65, and
1410-115 as follows:
 
15    (515 ILCS 5/1-20)  (from Ch. 56, par. 1-20)
16    Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
17reptiles, amphibians, crayfish, and mussels. For the purposes
18of Section 20-90, the definition of "aquatic life" shall
19include, but is not limited to, all fish, reptiles, amphibians,
20mollusks, crustaceans, algae or other aquatic plants, and
21invertebrates. Aquatic life does not mean any herptiles that
22are found in the Herptiles-Herps Act.
23(Source: P.A. 89-66, eff. 1-1-96.)
 

 

 

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1    (515 ILCS 5/5-25)  (from Ch. 56, par. 5-25)
2    Sec. 5-25. Value of protected species; violations.
3    (a) Any person who, for profit or commercial purposes,
4knowingly captures or kills, possesses, offers for sale, sells,
5offers to barter, barters, offers to purchase, purchases,
6delivers for shipment, ships, exports, imports, causes to be
7shipped, exported, or imported, delivers for transportation,
8transports or causes to be transported, carries or causes to be
9carried, or receives for shipment, transportation, carriage,
10or export any aquatic life, in part or in whole of any of the
11species protected by this Code, contrary to the provisions of
12the Code, and that aquatic life, in whole or in part, is valued
13at or in excess of a total of $300, as per species value
14specified in subsection (c) of this Section, commits a Class 3
15felony.
16    A person is guilty of a Class 4 felony if convicted under
17this Section for more than one violation within a 90-day period
18if the aquatic life involved in each violation are not valued
19at or in excess of $300 but the total value of the aquatic life
20involved with the multiple violations is at or in excess of
21$300. The prosecution for a Class 4 felony for these multiple
22violations must be alleged in a single charge or indictment and
23brought in a single prosecution.
24    Any person who violates this subsection (a) when the total
25value of species is less than $300 commits a Class A
26misdemeanor except as otherwise provided.

 

 

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1    (b) Possession of aquatic life, in whole or in part,
2captured or killed in violation of this Code, valued at or in
3excess of $600, as per species value specified in subsection
4(c) of this Section, shall be considered prima facie evidence
5of possession for profit or commercial purposes.
6    (c) For purposes of this Section, the fair market value or
7replacement cost, whichever is greater, must be used to
8determine the value of the species protected by this Code, but
9in no case shall the minimum value of all aquatic life and
10their hybrids protected by this Code, whether dressed or not
11dressed, be less than the following:
12        (1) For each muskellunge, northern pike, walleye,
13    striped bass, sauger, largemouth bass, smallmouth bass,
14    spotted bass, trout (all species), salmon (all species
15    other than chinook caught from August 1 through December
16    31), and sturgeon (other than pallid or lake sturgeon) of a
17    weight, dressed or not dressed, of one pound or more, $4
18    for each pound or fraction of a pound. For each individual
19    fish with a dressed or not dressed weight of less than one
20    pound, $4. For parts of fish processed past the dressed
21    state, $8 per pound.
22        (2) For each warmouth, rock bass, white bass, yellow
23    bass, sunfish (all species except largemouth, smallmouth,
24    and spotted bass), bluegill, crappie, bullheads,
25    pickerels, yellow perch, catfish (all species), and
26    mussels of a weight, dressed or not dressed, of one pound

 

 

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1    or more, $4 for each pound or fraction of a pound of
2    aquatic life. For each individual aquatic life with a
3    dressed or not dressed weight of less than one pound, $4.
4    For aquatic life parts processed past the dressed state, $8
5    per pound.
6        (3) (Blank). For processed turtle parts, $6 for each
7    pound or fraction of a pound. For each non-processed
8    turtle, $8 per turtle.
9        (4) (Blank). For frogs, toads, salamanders, lizards,
10    and snakes, $8 per animal in whole or in part.
11        (5) For goldeye, mooneye, carp, carpsuckers (all
12    species), suckers (all species), redhorse (all species),
13    buffalo (all species), freshwater drum, skipjack, shad
14    (all species), alewife, smelt, gar, bowfin, chinook salmon
15    caught from August 1 through December 31, and all other
16    aquatic life protected by this Code, not listed in
17    paragraphs (1), (2), or (5) (3), or (4) of subsection (c)
18    of this Section, $1 per pound, in part or in whole.
19        (6) For each species listed on the federal or State
20    endangered and threatened species list, and for lake and
21    pallid sturgeon, $150 per animal in whole or in part.
22(Source: P.A. 95-147, eff. 8-14-07.)
 
23    (515 ILCS 5/10-30)  (from Ch. 56, par. 10-30)
24    Sec. 10-30. Bullfrog; open season. Bullfrog open season is
25found in Section 5-30 of the Herptiles-Herps Act. All

 

 

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1individuals taking bullfrogs shall possess a valid sport
2fishing license and may take bullfrogs only during the
3following open season of June 15 through August 31, both
4inclusive.
5(Source: P.A. 87-833.)
 
6    (515 ILCS 5/10-35)  (from Ch. 56, par. 10-35)
7    Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is
8found in Section 5-30 of the Herptiles-Herps Act. The daily
9limit for all properly licensed individuals is 8 bullfrogs. The
10possession limit total is 16 bullfrogs.
11(Source: P.A. 87-833.)
 
12    (515 ILCS 5/10-60)  (from Ch. 56, par. 10-60)
13    Sec. 10-60. Taking of turtles or bullfrogs; illegal
14devices. Taking of turtles or bullfrogs is found in Section
155-30 of the Herptiles-Herps Act. No person shall take turtles
16or bullfrogs by commercial fishing devices, including hoop
17nets, traps, or seines, or by the use of firearms, airguns, or
18gas guns.
19(Source: P.A. 87-833.)
 
20    (515 ILCS 5/10-65)  (from Ch. 56, par. 10-65)
21    Sec. 10-65. Taking of snakes. Taking of snakes is found in
22Section 5-25 of the Herptiles-Herps Act. Unless otherwise
23provided in this Code, snakes may be taken by the owners or

 

 

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1bonafide tenants of lands actually residing on the lands and
2their children, parents, brothers, and sisters actually
3permanently residing with them.
4(Source: P.A. 87-833.)
 
5    (515 ILCS 5/10-115)  (from Ch. 56, par. 10-115)
6    Sec. 10-115. Taking of turtles. Taking of turtles is found
7in Section 5-30 of the Herptiles-Herps Act. Turtles may be
8taken only by hand or means of hook and line. The provisions of
9this Section are subject to modification by administrative
10rule.
11(Source: P.A. 87-833.)
 
12    Section 900-10. The Illinois Endangered Species Protection
13Act is amended by changing Sections 4 and 5 as follows:
 
14    (520 ILCS 10/4)  (from Ch. 8, par. 334)
15    Sec. 4. Upon receipt of proper application and approval of
16the same, the Department may issue to any qualified person a
17permit which allows the taking, possession, transport,
18purchase, or disposal of specimens or products of an endangered
19or threatened species of animal or federal endangered plant
20after the effective date of this Act for justified purposes,
21that will enhance the survival of the affected species by
22zoological, botanical or educational or for scientific
23purposes only. Section 5-20 of the Herptiles-Herps Act has

 

 

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1provisions for permits to acquire, breed, and sell captive,
2legally obtained endangered and threatened amphibians and
3reptiles. Rules for the issuance and maintenance of permits
4shall be promulgated by the Department after consultation with
5and written approval of the Board. The Department shall, upon
6notice and hearing, revoke the permit of any holder thereof
7upon finding that the person is not complying with the terms of
8the permit, the person is knowingly providing incorrect or
9inadequate information, the activity covered by the permit is
10placing the species in undue jeopardy, or for other cause.
11(Source: P.A. 84-1065.)
 
12    (520 ILCS 10/5)  (from Ch. 8, par. 335)
13    Sec. 5. (a) Upon receipt of proper application and approval
14of same, the Department may issue a limited permit authorizing
15the possession, purchase or disposition of animals or animal
16products of an endangered or threatened species, or federal
17endangered plants to any person which had in its possession
18prior to the effective date of this Act such an item or which
19obtained such an item legally out-of-state. Such permit shall
20specifically name and describe each pertinent item possessed by
21the permit holder and shall be valid only for possession,
22purchase or disposition of the items so named. The Department
23may require proof that acquisition of such items was made
24before the effective date of this Act. The Department may also
25issue a limited permit authorizing the possession, purchase or

 

 

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1disposition of live animals or such item to any person to whom
2a holder of a valid permit issued pursuant to this section
3gives, sells, or otherwise transfers the item named in the
4permit. Section 5-20 of the Herptiles-Herps Act has provisions
5for permits to acquire, breed, and sell captive, legally
6obtained endangered and threatened amphibians and reptiles.
7Limited permits issued pursuant to this section shall be valid
8only as long as the item remains in the possession of the
9person to whom the permit was issued.
10    (b) The limited permit shall be revoked by the Department
11if it finds that the holder has received it on the basis of
12false information, is not complying with its terms, or for
13other cause.
14(Source: P.A. 84-1065.)
 
15    Section 900-15. The Criminal Code of 2012 is amended by
16changing Section 48-10 as follows:
 
17    (720 ILCS 5/48-10)
18    Sec. 48-10. Dangerous animals.
19    (a) Definitions. As used in this Section, unless the
20context otherwise requires:
21        "Dangerous animal" means a lion, tiger, leopard,
22    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
23    bobcat, jaguarundi, bear, hyena, wolf or coyote, or any
24    poisonous or life-threatening reptile. Dangerous animal

 

 

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1    does not mean any herptiles included in the Herptiles-Herps
2    Act.
3        "Owner" means any person who (1) has a right of
4    property in a dangerous animal or primate, (2) keeps or
5    harbors a dangerous animal or primate, (3) has a dangerous
6    animal or primate in his or her care, or (4) acts as
7    custodian of a dangerous animal or primate.
8        "Person" means any individual, firm, association,
9    partnership, corporation, or other legal entity, any
10    public or private institution, the State, or any municipal
11    corporation or political subdivision of the State.
12        "Primate" means a nonhuman member of the order primate,
13    including but not limited to chimpanzee, gorilla,
14    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
15    and tarsier.
16    (b) Dangerous animal or primate offense. No person shall
17have a right of property in, keep, harbor, care for, act as
18custodian of or maintain in his or her possession any dangerous
19animal or primate except at a properly maintained zoological
20park, federally licensed exhibit, circus, college or
21university, scientific institution, research laboratory,
22veterinary hospital, hound running area, or animal refuge in an
23escape-proof enclosure.
24    (c) Exemptions.
25        (1) This Section does not prohibit a person who had
26    lawful possession of a primate before January 1, 2011, from

 

 

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1    continuing to possess that primate if the person registers
2    the animal by providing written notification to the local
3    animal control administrator on or before April 1, 2011.
4    The notification shall include:
5            (A) the person's name, address, and telephone
6        number; and
7            (B) the type of primate, the age, a photograph, a
8        description of any tattoo, microchip, or other
9        identifying information, and a list of current
10        inoculations.
11        (2) This Section does not prohibit a person who is
12    permanently disabled with a severe mobility impairment
13    from possessing a single capuchin monkey to assist the
14    person in performing daily tasks if:
15            (A) the capuchin monkey was obtained from and
16        trained at a licensed nonprofit organization described
17        in Section 501(c)(3) of the Internal Revenue Code of
18        1986, the nonprofit tax status of which was obtained on
19        the basis of a mission to improve the quality of life
20        of severely mobility-impaired individuals; and
21            (B) the person complies with the notification
22        requirements as described in paragraph (1) of this
23        subsection (c).
24    (d) A person who registers a primate shall notify the local
25animal control administrator within 30 days of a change of
26address. If the person moves to another locality within the

 

 

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1State, the person shall register the primate with the new local
2animal control administrator within 30 days of moving by
3providing written notification as provided in paragraph (1) of
4subsection (c) and shall include proof of the prior
5registration.
6    (e) A person who registers a primate shall notify the local
7animal control administrator immediately if the primate dies,
8escapes, or bites, scratches, or injures a person.
9    (f) It is no defense to a violation of subsection (b) that
10the person violating subsection (b) has attempted to
11domesticate the dangerous animal. If there appears to be
12imminent danger to the public, any dangerous animal found not
13in compliance with the provisions of this Section shall be
14subject to seizure and may immediately be placed in an approved
15facility. Upon the conviction of a person for a violation of
16subsection (b), the animal with regard to which the conviction
17was obtained shall be confiscated and placed in an approved
18facility, with the owner responsible for all costs connected
19with the seizure and confiscation of the animal. Approved
20facilities include, but are not limited to, a zoological park,
21federally licensed exhibit, humane society, veterinary
22hospital or animal refuge.
23    (g) Sentence. Any person violating this Section is guilty
24of a Class C misdemeanor. Any corporation or partnership, any
25officer, director, manager or managerial agent of the
26partnership or corporation who violates this Section or causes

 

 

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1the partnership or corporation to violate this Section is
2guilty of a Class C misdemeanor. Each day of violation
3constitutes a separate offense.
4(Source: P.A. 97-1108, eff. 1-1-13.)