510 ILCS 68/ Herptiles-Herps Act

(510 ILCS 68/Art. 5 heading) ARTICLE 5. INDIGENOUS OR NATIVE HERPTILE TAXA (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/5-5)

Sec. 5-5. Possession limits.

(a) The possession limit for herptiles (excluding common snapping turtles and bullfrogs) is no more than 4 total per species. The possession of one or more parts of the body of the same individual herptile shall equal one individual herptile of a species. In no case shall a person possess more than 8 indigenous amphibian or reptiles in total. Young of gravid wild-collected amphibians and reptiles shall be returned to the site of adult capture after birth. The possession limit for common snapping turtles and bullfrogs shall be set by administrative rule.

(b) Only residents may possess herptiles collected from the wild within this State under a valid sport fishing license; non-residents may not possess herptiles collected from the wild within this State except for scientific purposes after first obtaining, a Herptile Scientific Collection permit.

(c) All herptile species (other than bullfrogs and common snapping turtles) shall be captured by hand only, unless otherwise authorized by this Act or administrative rule. This shall not restrict the use of legally taken herptiles as bait by anglers only, unless otherwise authorized by this Act or administrative rule. Any captured herptiles that are not to be retained in the possession of the captor shall be immediately released at the site of capture, unless taken with a lethal method such as bow and arrow, gig, spear, or pitchfork which does not permit release without harm. All common snapping turtles and bullfrogs taken from the wild must be kept and counted in the daily catch creel or bag. No culling of species taken from the wild is permitted.

(d) The trier of fact may infer that a person is collecting from the wild within this State if he or she possesses indigenous reptiles or amphibians, in whole or in part, if no documentation exists stating that the animals were legally collected from the wild outside of this State.

(e) A resident of this State in possession of more than the allowed possession limit set forth in subsection (a) must obtain and have in his or her possession either a Herptile Scientific Collection permit or Herpetoculture permit from the Department, regardless of the origin of the species. Unless exempt under the provisions of Section 20 of the Fish and Aquatic Life Code, a sport fishing license is required for residents to legally collect any native herptile taxon on private land, with the landowner's permission. Collecting herptiles on public lands shall require the agency that manages the land to authorize the collecting of herptiles on the public land under its control.

(f) Any resident wishing to possess more than his or her allowed possession limit shall first apply to the Department for a Herptile Scientific Collection permit or Herpetoculture permit to do so. Issuance, modification, or denial of any and all of these permits shall be at the sole discretion of the Department. Procedures for the issuance, modification, or denial of permits shall be set forth by administrative rule.

(g) (Blank).

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/5-10)

Sec. 5-10. Commercialization; herpetoculture.

(a) It is unlawful to take, possess, buy, sell, offer to buy or sell or barter any herptile, or their eggs, any resulting offspring, or parts taken from the wild in this State for commercial purposes unless otherwise authorized by law.

(b) The trier of fact may infer that a person is collecting from the wild within this State for commercial purposes if he or she possesses indigenous herptiles, in whole or in part, for which no documentation exists stating that the animals were legally collected from the wild outside this State.

(c) (Blank).

(d) A valid, Department-issued Herpetoculture permit shall apply only to indigenous herptile taxa. A Herpetoculture permit shall not be required in order to commercialize non-indigenous herptile taxa except as otherwise prohibited or regulated under this Act or federal law.

(e) Indigenous herptile taxa collected from the wild in this State may not be bred unless otherwise authorized by the Department for research or recovery purposes unless otherwise authorized by this Act or administrative rule.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/5-15)

Sec. 5-15. Protection of habitat. Habitat features that are disturbed in the course of searching for herptiles shall be returned to as near its original position and condition as possible.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/5-20)

Sec. 5-20. Propagation of endangered or threatened species.

(a) No person shall take or possess for the purpose of propagation any of the herptiles listed in the Illinois Endangered Species Protection Act, the federal Endangered Species Act of 1973, or administrative rules unless authorized by a Herptile Endangered and Threatened Species Propagation permit issued by the Department. For the purpose of propagation only, a Herptile Endangered and Threatened Species Propagation permit shall allow a resident of this State to possess, propagate, or sell legally obtained endangered and threatened herptiles. The Department shall adopt rules relating to the acquisition, possession, and propagation of legally obtained endangered and threatened herptiles. The Department shall determine, by rule, the application, fees, duration, and other requirements necessary for the issuance or suspension or revocation of a Herptile Endangered and Threatened Species Propagation permit. All fees collected from the issuance of a Herptile Endangered and Threatened Species Propagation permit shall be deposited into the Illinois Wildlife Preservation Fund.

(b) Any person issued a Herptile Endangered and Threatened Species Propagation permit by the Department who is in possession of a threatened or endangered (T/E) herptile species shall be exempt from an individual's overall possession limit under the permitting system set forth in this Act. However, the holder of a Herptile Endangered and Threatened Species Propagation permit is not exempt from the species limitations set forth in the administrative rules regarding the Herptile Endangered and Threatened Species Propagation permit. Any species occurring on the federal T/E list also requires a Department permit for possession, propagation, sale, or offer for sale unless otherwise permitted under this Act or administrative rule.

(c) (Blank).

(d) Federally licensed exhibits shall not be exempt from the Illinois Endangered Species Protection Act, this Act, or administrative rule.

(e) Any changes in threatened or endangered species inventory for herptiles by current, existing Herptile Endangered and Threatened Species Propagation permit holders shall be reported to the Department in writing no later than the first business day after that change occurred. Applications for permits to possess and take herptiles shall be reviewed by the Department as provided by this Act or administrative rule.

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) (Blank).

(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)

(510 ILCS 68/5-25)

Sec. 5-25. Taking of snakes. Unless otherwise provided in this Act, any non-threatened or non-endangered snake may be taken by the owners or bona fide tenants of lands actually residing on the lands and their children, parents, brothers, and sisters permanently residing with them.

(Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/5-30)

Sec. 5-30. Taking of turtles or bullfrogs; illegal devices.

(a) Turtles or bullfrogs may be taken only by methods set forth in administrative rule.

(b) Bullfrog; common snapping turtle; open season.

(1) All persons taking bullfrogs shall possess a valid sport fishing license issued under Article 20 of the Fish and Aquatic Life Code and may take bullfrogs only during the open season to be specified by administrative rule.

(2) The daily catch limit and total possession limit for all properly licensed persons shall be specified by administrative rule.

(3) All persons taking common snapping turtles shall possess a valid sport fishing license issued under Article 20 of the Fish and Aquatic Life Code and may take common snapping turtles only during the open season to be specified by administrative rule. Common snapping turtles (Chelydra serpentina) may be taken only by methods set forth in administrative rule, except in the counties listed in administrative rule where bowfishing for common snapping turtles is not allowed.

(4) The daily catch limit and total possession limit for all properly licensed persons shall be specified by administrative rule.

(c) (Blank).

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/5-35)

Sec. 5-35. Areas closed to the taking of reptiles and amphibians.

(a) Unless otherwise allowed under the provisions of this Act or administrative rule, the taking of herptiles at any time and by any method is prohibited in the LaRue-Pine Hills or Otter Pond Research Natural Area in Union County. Unless otherwise authorized, possession of any collecting equipment is prohibited within the area.

(b) For the protection and preservation of any herptile taxa, the Department may close any area to prevent the taking, collecting, or killing of herptiles. The Department may close an area for purposes that include the biological significance or importance of a species or location or for the prevention, containment, or treatment of disease. The Department shall adopt procedures for the closure of an area by administrative rule.

(c) (Blank).

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/5-40)

Sec. 5-40. Translocation and release of herptiles.

(a) Except as provided for in subsection (a) of Section 5-5, no herptile indigenous species may be moved, translocated, or populations repatriated within this State without approval of the Department, after review of a proposal complete with long-term monitoring plan at least 5 years post-release.

(b) It shall be unlawful to intentionally or negligently release any non-indigenous herptile species into this State.

(Source: P.A. 98-752, eff. 1-1-15.)