Sen. James F. Clayborne, Jr.
Filed: 3/15/2013
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1 | AMENDMENT TO SENATE BILL 2362
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2 | AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 1. GENERAL PROVISIONS | ||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||
6 | Herptiles-Herps Act of 2013. | ||||||
7 | Section 1-5. Purpose. For purposes of this Act, reptiles | ||||||
8 | and amphibians shall be exempt from the definition of "aquatic | ||||||
9 | life" under Section 1-20 of the Fish and Aquatic Life Code. All | ||||||
10 | rules and enforcement actions under the Illinois Conservation | ||||||
11 | Law and the dangerous animals provisions in Section 48-10 of | ||||||
12 | the Criminal Code of 2012 related to reptiles and amphibians | ||||||
13 | shall be covered exclusively by this Act. | ||||||
14 | Section 1-10. Administrative agency. This Act shall be |
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1 | administered and under the direction of the Department of | ||||||
2 | Natural Resources. | ||||||
3 | Section 1-15. Home rule. A municipality or county may adopt | ||||||
4 | an ordinance governing amphibian and reptile species that is | ||||||
5 | more restrictive than this Act. | ||||||
6 | Section 1-20. Definitions. For the purposes of this Act, | ||||||
7 | unless the context clearly requires otherwise the following | ||||||
8 | terms are defined as: | ||||||
9 | "Administrative rule" means a regulatory measure issued by | ||||||
10 | the Director under this Act. | ||||||
11 | "Authorized law enforcement officer" means all sworn | ||||||
12 | members of the Law Enforcement Division of the Department and | ||||||
13 | those persons specifically granted law enforcement | ||||||
14 | authorization by the Director. | ||||||
15 | "Culling" means rejecting or discarding. | ||||||
16 | "Department" means the Illinois Department of Natural | ||||||
17 | Resources. | ||||||
18 | "Director" means the Director of the Illinois Department of | ||||||
19 | Natural Resources. | ||||||
20 | "Educational program" means a program of organized | ||||||
21 | instruction or study for providing education, intended to meet | ||||||
22 | a public need. | ||||||
23 | "Endangered or threatened species" means any species | ||||||
24 | listed as endangered or threatened to the species level on |
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1 | either the Illinois List of Endangered and Threatened Fauna or | ||||||
2 | the federal U.S. Fish and Wildlife Service List of Threatened | ||||||
3 | and Endangered Species. | ||||||
4 | "Herptile" means collectively any amphibian or reptile | ||||||
5 | taxa, whether indigenous to this State or not. | ||||||
6 | "Indigenous or native taxa" means those amphibians and | ||||||
7 | reptiles to the subspecies level that can be found naturally in | ||||||
8 | this State. | ||||||
9 | "Medically significant" means a venomous or poisonous | ||||||
10 | species whose venom or toxin can cause death or serious illness | ||||||
11 | or injury in humans that may require emergency room care or the | ||||||
12 | immediate care of a physician. These species are usually | ||||||
13 | categorized as being "medically significant" or "medically | ||||||
14 | important". | ||||||
15 | "Owner" means an individual who has a legal right to the | ||||||
16 | possession of a herptile. | ||||||
17 | "Person" means any individual, partnership, corporation, | ||||||
18 | organization, trade or professional association, firm, limited | ||||||
19 | liability company, joint venture, or group. | ||||||
20 | "Possessor" means any person who possesses, keeps, | ||||||
21 | harbors, brings into the State, cares for, acts as a custodian | ||||||
22 | for, has in his or her custody or control, or holds a property | ||||||
23 | right to a herptile. | ||||||
24 | "Reptile show" means any event open to the public, for a | ||||||
25 | fee or without a fee, that is not a licensed pet store, where | ||||||
26 | herptiles or herptiles together with other animals are |
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1 | exhibited, displayed, sold, bought, traded, or otherwise made | ||||||
2 | available for public display. | ||||||
3 | "Special use herptile" means any taxa of amphibian or | ||||||
4 | reptile for which a Herptile Special Use permit is required. | ||||||
5 | "Turtle farming" means the act of breeding, hatching, | ||||||
6 | raising, selling turtles, or any combination commercially for | ||||||
7 | the purpose of providing turtles, turtle eggs, or turtle parts | ||||||
8 | to pet suppliers, exporters, and food industries. | ||||||
9 | "Wildlife sanctuary" means any non-profit organization | ||||||
10 | that: (1) is exempt from taxation under the federal Internal | ||||||
11 | Revenue Code and is currently confirmed as tax exempt by the | ||||||
12 | federal Internal Revenue Service; (2) operates a place of | ||||||
13 | refuge where wild animals are provided care for their lifetime | ||||||
14 | or released back to their natural range; (3) does not conduct | ||||||
15 | activities on animals in its possession that are not inherent | ||||||
16 | to the animal's nature; (4) does not use animals in its | ||||||
17 | possession for entertainment; (5) does not sell, trade, or | ||||||
18 | barter animals in its possession or parts of those animals; and | ||||||
19 | (6) does not breed animals in its possession. | ||||||
20 | Section 1-25. Financial value of herptiles. | ||||||
21 | (a) For purposes of this Section, the financial value of | ||||||
22 | all reptiles and amphibians described under this Act taken in | ||||||
23 | violation of the Illinois Conservation Law, whether dressed or | ||||||
24 | not dressed, 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;
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3 | (2) for frogs, toads, salamanders, lizards, and | ||||||
4 | snakes, $5 per herptile in whole or in part;
and | ||||||
5 | (3) any person who, for profit or commercial purposes, | ||||||
6 | knowingly captures or kills, possesses, offers for sale, | ||||||
7 | sells, offers to barter, barters, offers to purchase, | ||||||
8 | purchases, delivers for shipment, ships, exports, imports, | ||||||
9 | causes to be shipped, exported, or imported, delivers for | ||||||
10 | transportation, transports, or causes to be transported, | ||||||
11 | carriers or causes to be carried, or receives for shipment, | ||||||
12 | transportation, carriage, or export any reptile or | ||||||
13 | amphibian life, in part or in whole of any of the reptiles | ||||||
14 | and amphibians protected by this Act, and that reptile or | ||||||
15 | amphibian life, in whole or in part, is valued in excess of | ||||||
16 | a total of $300, as per value specified in subparagraphs | ||||||
17 | (1) and (2) of this Section commits a Class 3 felony.
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18 | (b) The trier of fact may infer that a person "knowingly | ||||||
19 | possesses" a reptile or amphibian, in whole or in part, | ||||||
20 | captured or killed in violation of this Act, valued in excess | ||||||
21 | of $600, as per value specified in subparagraphs (1) and (2) of | ||||||
22 | subsection (a) of this Section.
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23 | ARTICLE 5. INDIGENOUS OR | ||||||
24 | NATIVE HERPTILE TAXA |
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1 | Section 5-5. Possession limits. | ||||||
2 | (a) The possession limit for indigenous amphibian and | ||||||
3 | reptile taxa (excluding common snapping turtles and bullfrogs) | ||||||
4 | is 8 total collectively with no more than 4 per taxa. Captive | ||||||
5 | born offspring of a legally held reptile or amphibian, not | ||||||
6 | intended for commercial purposes, is exempt from the possession | ||||||
7 | limits for a period of 30 days. Young of gravid wild-collected | ||||||
8 | amphibians and reptiles shall be released at site of adult | ||||||
9 | capture after birth.
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10 | (b) Only residents may possess herptiles collected from the | ||||||
11 | wild within this State under a valid sport fishing license; | ||||||
12 | non-residents may not possess herptiles collected from the wild | ||||||
13 | within this State except for scientific purposes, with a | ||||||
14 | Herptile Scientific Collection permit.
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15 | (c) All herptile species (other than bullfrogs and common | ||||||
16 | snapping turtles) may be captured by hand. This shall not | ||||||
17 | restrict the use of legally taken herptiles as bait by anglers. | ||||||
18 | Any captured herptiles that are not to be retained in the | ||||||
19 | possession of the captor shall be immediately released at the | ||||||
20 | site of capture, unless taken with a lethal method such as bow | ||||||
21 | and arrow, gig, spear, or pitchfork which does not permit | ||||||
22 | release without harm. All common snapping turtles and bullfrogs | ||||||
23 | taken for personal consumption must be kept and counted in the | ||||||
24 | daily catch creel or bag. No culling of these 2 species for | ||||||
25 | personal consumption is permitted.
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26 | (d) The trier of fact may infer that a person is collecting |
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1 | from the wild within this State if he or she possesses | ||||||
2 | indigenous reptiles or amphibians, in whole or in part, if no | ||||||
3 | documentation exists stating that the animals were legally | ||||||
4 | collected from the wild outside of this State.
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5 | (e) Residents may possess a total of 8 native herp | ||||||
6 | specimens collectively, with no more than 4 per taxa, without | ||||||
7 | obtaining and possessing either a Herptile Scientific | ||||||
8 | Collection permit or Herpetoculture permit from the | ||||||
9 | Department, regardless of the origin of the species. A sport | ||||||
10 | fishing license is required for residents to legally collect | ||||||
11 | any native herp taxa on private land, with the landowner's | ||||||
12 | permission. Collecting herptiles on public lands shall require | ||||||
13 | additional permits.
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14 | (f) Any resident wishing to possess more than his or her | ||||||
15 | allowed possession limit, shall first apply to the Department | ||||||
16 | for a Herptile Scientific Collection permit or Herpetoculture | ||||||
17 | permit to do so. Issuance, modification, or denial of any and | ||||||
18 | all of these permits shall be at the sole discretion of the | ||||||
19 | Department.
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20 | (g) Due to the similarity of appearance (S/A) of certain | ||||||
21 | intergrade or hybrid specimens, the Department retains the | ||||||
22 | authority to enforce any and all provisions under this Act. | ||||||
23 | Specimens determined by the Department, or its agents, to fit | ||||||
24 | into this S/A category shall receive all benefits of this Act, | ||||||
25 | as well as the Illinois Endangered Species Protection Act if | ||||||
26 | applicable, and shall be included in an individual's overall |
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1 | possession limit.
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2 | Section 5-10. Commercialization; herpetoculture. | ||||||
3 | (a) It is unlawful to take, possess, buy, sell, offer to | ||||||
4 | buy or sell or barter any reptile, amphibian, or their eggs, | ||||||
5 | any resulting offspring, or parts taken from the wild in this | ||||||
6 | State for commercial purposes unless otherwise authorized by | ||||||
7 | law.
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8 | (b) The trier of fact may infer that a person is collecting | ||||||
9 | from the wild within this State for commercial purposes if he | ||||||
10 | or she possesses indigenous reptiles or amphibians, in whole or | ||||||
11 | in part, for which no documentation exists stating that the | ||||||
12 | animals were legally collected from the wild outside this | ||||||
13 | State. | ||||||
14 | (c) Due to the similarity of appearance (S/A) of certain | ||||||
15 | intergrade or hybrid specimens, the Department retains the | ||||||
16 | authority to enforce any and all provisions under this Act. | ||||||
17 | Specimens determined by the Department, or its agents, to fit | ||||||
18 | into this S/A category shall receive all benefits of this Act, | ||||||
19 | as well as the Illinois Endangered Species Protection Act if | ||||||
20 | applicable, and shall be included in an individual's overall | ||||||
21 | possession limit.
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22 | (d) A valid, Department issued Herpetoculture permit shall | ||||||
23 | apply only to indigenous herp taxa. A Herpetoculture permit | ||||||
24 | shall not be required in order to commercialize non-indigenous | ||||||
25 | herp taxa except as required under Section 5-20 of this Act.
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1 | Section 5-15. Protection of habitat. Habitat features that | ||||||
2 | are disturbed in the course of searching for reptiles and | ||||||
3 | amphibians shall be returned to as near its original position | ||||||
4 | and condition as possible, for example overturned stones and | ||||||
5 | logs shall be restored to their original locations. | ||||||
6 | Section 5-20. Taking of endangered or threatened species. | ||||||
7 | (a) No person shall take or possess any of the herptiles | ||||||
8 | listed in the Illinois Endangered Species Protection Act or | ||||||
9 | subsequent administrative rules, except as provided by that | ||||||
10 | Act.
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11 | (b) Any Department permitted threatened or endangered | ||||||
12 | (T/E) herptile species shall be exempt from an individual's | ||||||
13 | overall possession under the permitting system set forth in | ||||||
14 | this Act. However, any and all T/E specimens shall be | ||||||
15 | officially recorded with the Department's Endangered Species | ||||||
16 | Conservation Program. Any species occurring on the federal T/E | ||||||
17 | list also requires a Department permit for possession, | ||||||
18 | propagation, sale, or offer for sale unless otherwise permitted | ||||||
19 | through the Department.
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20 | (c) Due to the similarity of appearance (S/A) of certain | ||||||
21 | intergrade or hybrid specimens, the Department retains the | ||||||
22 | authority to enforce any and all provisions under this Act. | ||||||
23 | Specimens determined by the Department, or agents, to fit into | ||||||
24 | this S/A category shall receive all benefits of this Act, as |
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1 | well as the Illinois Endangered Species Protection Act if | ||||||
2 | applicable, and shall be included in an individual's overall | ||||||
3 | possession limit.
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4 | (d) Federally licensed exhibits shall not be exempt from | ||||||
5 | the Illinois Endangered Species Protection Act.
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6 | (e) Any changes in T/E permit numbers for herptiles by | ||||||
7 | current, existing permit holders shall be reported to the | ||||||
8 | Department in writing no later than the first business day | ||||||
9 | after that change occurred. Requests for permits by any | ||||||
10 | resident acquiring a T/E species who is not permitted shall not | ||||||
11 | be issued after-the-fact.
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12 | (f) Annual reports are due by January 31 of each year for | ||||||
13 | the preceding year's activities. Failure to submit the annual | ||||||
14 | report by the due date shall result in a permit violation.
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15 | (g) An annual fee for herptile T/E species permits, per | ||||||
16 | permittee, shall be set by administrative rule.
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17 | Section 5-25. Taking of snakes. Unless otherwise provided | ||||||
18 | in this Act, any non-threatened or non-endangered snake may be | ||||||
19 | taken by the owners or bonafide tenants of lands actually | ||||||
20 | residing on the lands and their children, parents, brothers, | ||||||
21 | and sisters permanently residing with them. | ||||||
22 | Section 5-30. Taking of turtles or bullfrogs; illegal | ||||||
23 | devices. | ||||||
24 | (a) No person shall take turtles or bullfrogs by commercial |
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1 | fishing devices, including dip nets, hoop nets, traps, or | ||||||
2 | seines, or by the use of firearms, airguns, or gas guns. | ||||||
3 | Turtles may be taken only by hand or means of hook and line. | ||||||
4 | (b) Bullfrog; common snapping turtle; open season. | ||||||
5 | (1) All individuals taking bullfrogs shall possess a | ||||||
6 | valid sport fishing license and may take bullfrogs only | ||||||
7 | during the open season of June 15 through August 31, both | ||||||
8 | dates inclusive. Bullfrogs may only be taken by hook and | ||||||
9 | line, gig, pitchfork, spear, bow and arrow, hand, or | ||||||
10 | landing net.
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11 | (2) The daily catch limit for all properly licensed | ||||||
12 | persons is 12 bullfrogs. The possession limit total is 24 | ||||||
13 | bullfrogs.
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14 | (3) All persons taking common snapping turtles shall | ||||||
15 | possess a valid sport fishing license and may take common | ||||||
16 | snapping turtles only during the open season of June 15 | ||||||
17 | through August 31, both dates inclusive. Common snapping | ||||||
18 | turtles (Chelydra serpentina) may be taken only by hand, | ||||||
19 | hook and line, or bow and arrow, except in the counties | ||||||
20 | listed in Section 5-35 where bowfishing for common snapping | ||||||
21 | turtles is not allowed.
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22 | (4) The daily catch limit for all properly licensed | ||||||
23 | persons is 2 common snapping turtles. The possession limit | ||||||
24 | total is 4 common snapping turtles.
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25 | (c) The alligator snapping turtle (Macrochelys temminckii) | ||||||
26 | is protected and may not be taken by any method including, but |
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1 | not limited to, any sport fishing method.
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2 | Section 5-35. Areas closed to the taking of reptiles and | ||||||
3 | amphibians. Unless otherwise allowed by law or administrative | ||||||
4 | rule, the taking of reptiles and amphibians at any time and by | ||||||
5 | any method is prohibited in the following areas:
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6 | The LaRue-Pine Hills or Otter Pond Research Natural Area in | ||||||
7 | Union County. The closed area shall include the Research | ||||||
8 | Natural Area as designated by the U.S. Forest Service and | ||||||
9 | the right-of-way of Forest Road 345 with Forest Road 236 to | ||||||
10 | the intersection of Forest Road 345 with the Missouri | ||||||
11 | Pacific railroad tracks.
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12 | In the following counties bowfishing for common snapping | ||||||
13 | turtles is not permitted: Randolph, Perry, Franklin, Hamilton, | ||||||
14 | White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, | ||||||
15 | Pope, Hardin, Massac, Pulaski, and Alexander, or in any | ||||||
16 | additional counties added through administrative rule.
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17 | Section 5-40. Additional protective regulations. | ||||||
18 | (a) Except as otherwise allowed by law or administrative | ||||||
19 | rule, taking of the following species of reptiles and | ||||||
20 | amphibians is prohibited:
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21 | Copperbelly water snake (Nerodia erythrogaster neglecta) | ||||||
22 | in Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson, | ||||||
23 | Lawrence, Massac, Pope, Pulaski, Richland, Rock Island, | ||||||
24 | Saline, Wabash, Wayne, and White counties.
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1 | (b) Under this Act, the copperbelly water snake shall be | ||||||
2 | treated as a listed threatened or endangered species within | ||||||
3 | this State. The copperbelly water snakes shall receive all | ||||||
4 | protection benefits and incidental take regulations as | ||||||
5 | described under the Illinois Endangered Species Protection | ||||||
6 | Act. | ||||||
7 | (c) Because the range of the 2 species of Nerodia | ||||||
8 | erythrogaster overlap in southern Illinois, and the meristic | ||||||
9 | characters that separate these 2 subspecies is often | ||||||
10 | problematic, the Department retains the authority to classify | ||||||
11 | water snake specimens as similar in appearance (S/A) to the | ||||||
12 | subspecies: neglecta. Specimens determined by the Department, | ||||||
13 | or its agents, to fit into this neglecta S/A category shall | ||||||
14 | receive all benefits of this Act, as well as the Illinois | ||||||
15 | Endangered Species Protection Act.
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16 | Section 5-45. Translocation and release of herptiles. | ||||||
17 | (a) No herptile indigenous species may be moved, | ||||||
18 | translocated, or populations repatriated within this State | ||||||
19 | without approval of the Department, after review of a proposal | ||||||
20 | complete with long-term monitoring plan at least 5 years | ||||||
21 | post-release.
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22 | (b) It shall be unlawful to intentionally or negligently | ||||||
23 | release any non-indigenous herptile species into this State.
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24 | ARTICLE 10. VENOMOUS REPTILES |
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1 | Section 10-5. Venomous reptile defined. Venomous reptiles | ||||||
2 | include, but are not limited to, any medically significant | ||||||
3 | venomous species of the families or genera of the Order | ||||||
4 | Squamata: Helodermatidae, such as gila monsters and beaded | ||||||
5 | lizards; Elapidae, such as cobras and coral snakes; | ||||||
6 | Hydrophiidae, such as sea snakes; Viperidae and Crotalinae, | ||||||
7 | such as vipers and pit vipers; Atractaspididae, such as | ||||||
8 | burrowing asps; specified Colubridae addressed by | ||||||
9 | administrative rule, in the following genera: West Indian | ||||||
10 | racers (Alsophis); boigas and mangrove snakes (Boiga); road | ||||||
11 | guarders (Conophis); Boomslangs (Dispholidus); false water | ||||||
12 | cobras (Hydrodynastes); varied or hooded keelbacks | ||||||
13 | (Macropisthodon); Malagasy cat-eyed snakes (Madagascarophis); | ||||||
14 | Montpellier snakes (Malpolon); kukri snakes (Oligodon); | ||||||
15 | collared snakes (Phalotris); palm snakes or green racers | ||||||
16 | (Philodryas); sand snakes or racers (Psammophis); keelbacks | ||||||
17 | (Rhabdophis); Lichtenstein's green racer (Philodryas | ||||||
18 | olfersii); beaked snakes (Rhamphiophis); twig snakes | ||||||
19 | (Thelotornis); black tree snakes (Thrasops); Pampas snakes | ||||||
20 | (Tomodon); Wagler's snakes (Waglerophis); false fer-de-lances | ||||||
21 | (Xenodon); specimens or eggs of the brown tree snake (Boiga | ||||||
22 | irregularis); and any other species added through legislative | ||||||
23 | process designated. | ||||||
24 | Section 10-10. Surgically altered venomous reptiles. It is |
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1 | not a defense to a violation of Article 65 that the person | ||||||
2 | violating that Article has had the venomous reptile surgically | ||||||
3 | altered to render it harmless. | ||||||
4 | Section 10-15. Venomous reptile permit requirements. In | ||||||
5 | addition to those requirements listed in Articles 60 and 65 of | ||||||
6 | this Act, Herptile Special Use permits may be issued to | ||||||
7 | residents using approved venomous reptile species only for | ||||||
8 | bonafide educational programs, following an inspection and | ||||||
9 | approval of the proposed facilities. A minimum of 6 documented | ||||||
10 | programs shall be required of each permittee per calendar year. | ||||||
11 | Unless addressed or exempted by administrative rule, annual | ||||||
12 | permit renewal must be accompanied by a non-refundable fee as | ||||||
13 | set by the Department by administrative rule and documented | ||||||
14 | proof of educational programs completed on the recipient's | ||||||
15 | letterhead. Prospective permittees must have 250 documented | ||||||
16 | hours of experience with venomous reptiles. The Department or | ||||||
17 | the Department of Agriculture reserves the right to inspect | ||||||
18 | permittees and facilities during reasonable hours. Additions | ||||||
19 | to permits must be approved prior to acquisition of additional | ||||||
20 | venomous reptiles, and any changes shall be reported to the | ||||||
21 | Department in writing no later than the first business day | ||||||
22 | after that change occurred. | ||||||
23 | Section 10-20. Approved venomous reptiles. Permittees may | ||||||
24 | keep legally obtained venomous reptile specimens native to the |
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1 | United States, except the following species: Eastern | ||||||
2 | diamondback rattlesnakes (Crotalus adamanteus); Western | ||||||
3 | diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes | ||||||
4 | (Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus | ||||||
5 | oreganus helleri); Eastern and Texas coral snakes (Micrurus | ||||||
6 | fulvius); Sonoran coral snakes (Micruroides euryxanthus); and | ||||||
7 | timber/canebrake rattlesnakes (Crotalus horridus) specifically | ||||||
8 | from Georgia, known as "Type A". | ||||||
9 | Except for Boomslangs (Dispholidus), twig snakes | ||||||
10 | (Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green | ||||||
11 | racer (Philodryas olfersii), brown tree snake (Boiga | ||||||
12 | irregularis), and medically significant snakes in the family | ||||||
13 | Colubridae defined in Section 10-5 of this Article may be | ||||||
14 | possessed by permit. | ||||||
15 | Section 10-25. Maintenance of venomous reptiles. | ||||||
16 | Permittees shall keep approved venomous reptiles in strong | ||||||
17 | escape-proof enclosures that at a minimum are: impact | ||||||
18 | resistant, locked at all times, prominently labeled with the | ||||||
19 | permittee's full name, address, telephone number, list of cage | ||||||
20 | contents by scientific and common names, and a sign labeled | ||||||
21 | "venomous". The signage shall also include the type and | ||||||
22 | location of antivenom and contact information of the person or | ||||||
23 | organization possessing the antivenom. | ||||||
24 | Section 10-30. Educational programs with approved venomous |
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1 | reptiles. Permittees shall keep approved venomous reptiles in | ||||||
2 | strong escape-proof enclosures that at a minimum are: impact | ||||||
3 | resistant, locked at all times, prominently labeled with the | ||||||
4 | permittee's full name, address, telephone number, list of cage | ||||||
5 | contents by scientific and common names, and a sign labeled | ||||||
6 | "venomous". Labeling shall also include the type and location | ||||||
7 | of antivenom and contact information of the person or | ||||||
8 | organization possessing the antivenom. Interiors of enclosures | ||||||
9 | may not be accessible to the public. | ||||||
10 | Section 10-35. Transport of approved venomous reptiles. | ||||||
11 | During transport of any approved venomous reptile, it must be | ||||||
12 | kept out of sight of the public in an escape-proof enclosure at | ||||||
13 | all times that is labeled "venomous". Transport of any venomous | ||||||
14 | reptile to any public venue, commercial establishment, retail | ||||||
15 | establishment, or educational institution shall only be for | ||||||
16 | bonafide educational programs or veterinary care. | ||||||
17 | Section 10-40. Additional regulations. Venomous reptiles | ||||||
18 | shall not be bred, sold, or offered for sale within this State. | ||||||
19 | The Department may approve limited transfers among existing | ||||||
20 | permittees at the sole discretion of the Department. | ||||||
21 | As determined by the Department, non-residents may apply | ||||||
22 | for a permit not to exceed 15 consecutive days to use venomous | ||||||
23 | reptiles in bonafide educational programs. The fee for the | ||||||
24 | permit shall be set by administrative rule, and all fees shall |
| |||||||
| |||||||
1 | be deposited into the Fish and Wildlife Fund.
| ||||||
2 | ARTICLE 15. BOAS, | ||||||
3 | PYTHONS, AND ANACONDAS | ||||||
4 | Section 15-5. Boas, pythons, and anacondas. Nothing shall | ||||||
5 | prohibit lawfully acquired possession of any of the Boidae | ||||||
6 | family, such as boas, pythons, and anacondas, provided captive | ||||||
7 | maintenance requirements from the Department as set forth in | ||||||
8 | this Act are met. All boas, pythons, and anacondas referenced | ||||||
9 | in this Act are exempt from the permit process, associated | ||||||
10 | annual fee, and liability insurance coverage. | ||||||
11 | Section 15-10. Maintenance of boas, pythons, and | ||||||
12 | anacondas. Any species of boa, python, or anaconda, regardless | ||||||
13 | of length, must be properly maintained in suitable, strong, | ||||||
14 | impact resistant, escape-proof enclosures at all times unless | ||||||
15 | being used for bonafide educational programs or trips for | ||||||
16 | veterinary care. | ||||||
17 | Section 15-15. Educational programs with boas, pythons, | ||||||
18 | and anacondas. During any bonafide educational program | ||||||
19 | involving boas, pythons, or anacondas, the owner or affiliated | ||||||
20 | agent must maintain physical possession of the snake at all | ||||||
21 | times if removed from a container or cage. Interiors of cages | ||||||
22 | or containers used during educational programs may not be |
| |||||||
| |||||||
1 | accessible to the public. | ||||||
2 | Section 15-20. Transport of boas, pythons, and anacondas. | ||||||
3 | During transport of any boa, python, or anaconda, the snake | ||||||
4 | must be kept out of sight of the public in an escape-proof | ||||||
5 | enclosure at all times.
| ||||||
6 | Section 15-25. Use of boas, pythons, and anacondas at | ||||||
7 | reptile shows. An owner or affiliated agent must have physical | ||||||
8 | possession and control of any boa, python, or anaconda at all | ||||||
9 | times if removed from a container or cage. Uncontained boas, | ||||||
10 | pythons, or anacondas removed from cages for examination or | ||||||
11 | onlooker interaction must be kept confined either behind or at | ||||||
12 | a display table. Interiors of cages or containers may not be | ||||||
13 | accessible to the public. | ||||||
14 | ARTICLE 20. CROCODILIANS | ||||||
15 | Section 20-5. "Crocodilians" means any species of the Order | ||||||
16 | Crocodilia, such as crocodiles, alligators, caimans, and | ||||||
17 | gavials. | ||||||
18 | Section 20-10. Crocodilian permit requirements. In | ||||||
19 | addition to the requirements listed in Articles 60 and 65 of | ||||||
20 | this Act, Herptile Special Use permits may be issued to | ||||||
21 | residents using crocodilian species only for bonafide |
| |||||||
| |||||||
1 | educational programs, following an inspection and approval of | ||||||
2 | the proposed facilities. A minimum of 6 documented programs | ||||||
3 | shall be required of each permittee per calendar year. Unless | ||||||
4 | addressed or exempted by administrative rule, annual permit | ||||||
5 | renewal must be accompanied by a non-refundable fee as set by | ||||||
6 | the Department and documented proof of educational programs | ||||||
7 | completed on the recipient's letterhead. The Department or the | ||||||
8 | Department of Agriculture reserves the right to inspect of | ||||||
9 | permittees and facilities during reasonable hours. Additions | ||||||
10 | to permits must be approved prior to acquisition of additional | ||||||
11 | crocodilians, and any changes shall be reported to the | ||||||
12 | Department in writing no later than the first business day | ||||||
13 | after that change occurred. | ||||||
14 | Section 20-15. Maintenance of crocodilians. Permittees | ||||||
15 | shall keep crocodilians maintained in suitable, strong, impact | ||||||
16 | resistant, escape-proof enclosures at all times unless being | ||||||
17 | used for bonafide educational programs or trips for veterinary | ||||||
18 | care. | ||||||
19 | Section 20-20. Educational programs with crocodilians. | ||||||
20 | During any bonafide educational program involving | ||||||
21 | crocodilians, the owner or affiliated agent must maintain | ||||||
22 | physical possession and control of the crocodilian at all times | ||||||
23 | if removed from a container or cage. Interiors of cages or | ||||||
24 | containers used during educational programs may not be |
| |||||||
| |||||||
1 | accessible to the public. Crocodilians removed from their cage | ||||||
2 | or enclosure for educational programs must have either the | ||||||
3 | mouth banded or taped shut or kept at a minimum of 10 feet from | ||||||
4 | the public and also kept out of direct contact with the public. | ||||||
5 | Section 20-25. Transport of crocodilians. During transport | ||||||
6 | of any crocodilian, it must be kept out of sight of the public | ||||||
7 | in an escape-proof enclosure at all times. Transport of any | ||||||
8 | crocodilian to any public venue, commercial establishment, | ||||||
9 | retail establishment, or educational institution shall only be | ||||||
10 | for bonafide educational programs or veterinary care. | ||||||
11 | Section 20-30. Additional regulations. Crocodilians shall | ||||||
12 | not be bred, sold, or offered for sale within this State. | ||||||
13 | As determined by the Department, non-residents may apply | ||||||
14 | for a permit not to exceed 15 consecutive days to use | ||||||
15 | crocodilians in bonafide educational programs. The fee for this | ||||||
16 | permit shall be set by administrative rule, and all fees shall | ||||||
17 | be deposited into the Fish and Wildlife Fund.
| ||||||
18 | ARTICLE 25. MONITOR LIZARDS | ||||||
19 | Section 25-5. "Monitor lizards" means the following | ||||||
20 | members of the Varanidae family, specifically crocodile | ||||||
21 | monitors as well as Komodo dragons. |
| |||||||
| |||||||
1 | Section 25-10. Monitor lizard permit requirements. In | ||||||
2 | addition to those requirements listed in Articles 60 and 65 of | ||||||
3 | this Act, Herptile Special Use permits may be issued to | ||||||
4 | residents using monitor lizard species only for bonafide | ||||||
5 | educational programs, following an inspection and approval of | ||||||
6 | the proposed facilities. A minimum of 6 documented programs | ||||||
7 | shall be required of each permittee per calendar year. Unless | ||||||
8 | addressed or exempted by administrative rule, annual permit | ||||||
9 | renewal must be accompanied by a non-refundable fee as set by | ||||||
10 | the Department and documented proof of educational programs | ||||||
11 | completed on the recipient's letterhead. The Department or the | ||||||
12 | Department of Agriculture reserves the right to inspect of | ||||||
13 | permittees and facilities during reasonable hours. Additions | ||||||
14 | to permits must be approved prior to acquisition of additional | ||||||
15 | monitor lizards, and any changes shall be reported to the | ||||||
16 | Department in writing no later than the first business day | ||||||
17 | after that change occurred.
| ||||||
18 | Section 25-15. Maintenance of monitor lizards. Permittees | ||||||
19 | shall keep monitor lizards maintained in suitable, strong, | ||||||
20 | impact resistant, escape-proof enclosures at all times unless | ||||||
21 | being used for bonafide educational programs or trips for | ||||||
22 | veterinary care. | ||||||
23 | Section 25-20. Educational programs with monitor lizards. | ||||||
24 | During any bonafide educational program involving monitor |
| |||||||
| |||||||
1 | lizards, the owner or affiliated agent must maintain physical | ||||||
2 | possession and control of the monitor lizard at all times if | ||||||
3 | removed from a container or cage. Interiors of cages or | ||||||
4 | containers used during educational programs may not be | ||||||
5 | accessible to the public. Monitor lizards removed from their | ||||||
6 | cage or enclosure for educational programs must have either the | ||||||
7 | mouth banded or taped shut, or kept at a minimum of 10 feet | ||||||
8 | from the public and also kept out of direct contact with the | ||||||
9 | public. | ||||||
10 | Section 25-25. Transport of monitor lizards. During | ||||||
11 | transport of any monitor lizard, it must be kept out of sight | ||||||
12 | of the public in an escape-proof enclosure at all times. | ||||||
13 | Transport of a monitor lizard to any public venue, commercial | ||||||
14 | establishment, retail establishment, or educational | ||||||
15 | institution shall only be for bonafide educational programs or | ||||||
16 | veterinary care. | ||||||
17 | Section 25-30. Additional regulations. Monitor lizards | ||||||
18 | shall not be bred, sold, or offered for sale within this State.
| ||||||
19 | As determined by the Department, non-residents may apply | ||||||
20 | for a permit not to exceed 15 consecutive days to use monitor | ||||||
21 | lizards in bonafide educational programs. The fee for the | ||||||
22 | permit shall be set by administrative rule, and all fees shall | ||||||
23 | be deposited into the Fish and Wildlife Fund. |
| |||||||
| |||||||
1 | ARTICLE 30. TURTLES | ||||||
2 | Section 30-5. Turtles. It is unlawful to buy, sell, or | ||||||
3 | offer to sell any species of aquatic or semi-aquatic turtles in | ||||||
4 | the Order Testudines (except for the terrestrial tortoises in | ||||||
5 | the family Testudinidae) with a carapace length of 4 inches or | ||||||
6 | less or their eggs within this State. | ||||||
7 | Section 30-10. Turtle farming. Turtles shall not be | ||||||
8 | commercially farmed in this State. | ||||||
9 | ARTICLE 35. AMPHIBIANS | ||||||
10 | Section 35-5. "Amphibians" means those medically | ||||||
11 | significant poisonous amphibians capable of causing bodily | ||||||
12 | harm to humans or animals, including, but not limited to, cane | ||||||
13 | or marine toads (Bufo marinus) and Colorado river toads (Bufo | ||||||
14 | alvarius), or any other amphibian found to be medically | ||||||
15 | significant and shall only be allowed for bonafide educational | ||||||
16 | purposes or research purposes by exempted institutions. | ||||||
17 | Poison dart frogs bred and raised in captivity shall be | ||||||
18 | exempt from the permit process.
| ||||||
19 | ARTICLE 40. HERPTILE SCIENTIFIC | ||||||
20 | COLLECTION PERMITS |
| |||||||
| |||||||
1 | Section 40-5. Permit issuance. Herptile Scientific | ||||||
2 | Collection permits may be granted by the Department, in its | ||||||
3 | sole discretion, to any properly accredited person at least 18 | ||||||
4 | years of age, permitting the capture, marking, handling, | ||||||
5 | banding, or collecting (including hide, skin, bones, teeth, | ||||||
6 | claws, nests, eggs, or young), for strictly scientific | ||||||
7 | purposes, of any of the herptiles not listed as endangered or | ||||||
8 | threatened but now protected under this Act. A Herptile | ||||||
9 | Scientific Collection permit may be granted to qualified | ||||||
10 | individuals for purpose of salvaging dead, sick, or injured | ||||||
11 | herptiles not listed as endangered or threatened but protected | ||||||
12 | by this Act for permanent donation to bonafide public or state | ||||||
13 | scientific, educational, or zoological institutions. | ||||||
14 | Collecting herptiles on public lands shall require additional | ||||||
15 | permits. | ||||||
16 | Section 40-10. Permit requirements. The criteria and | ||||||
17 | standards for a Herptile Scientific Collection permit shall be | ||||||
18 | provided by administrative rule. The Department shall set forth | ||||||
19 | applicable rules covering qualifications and facilities needed | ||||||
20 | to obtain a permit. Disposition of herptiles taken under the | ||||||
21 | authority of this Article shall be specified by the Department. | ||||||
22 | The holder of each permit shall make to the Department a report | ||||||
23 | in writing upon forms furnished by the Department. These | ||||||
24 | reports shall be made (i) annually if the permit is granted for | ||||||
25 | a period of one year or (ii) within 30 days after the |
| |||||||
| |||||||
1 | expiration of the permit if the permit is granted for a period | ||||||
2 | of less than one year. These reports shall include information | ||||||
3 | that the Department considers necessary. | ||||||
4 | ARTICLE 45. HERPTILE SCIENTIFIC | ||||||
5 | COLLECTION PERMIT APPLICATION AND FEES | ||||||
6 | Section 40-5. Permit application and fees. An applicant for | ||||||
7 | a Herptile Scientific Collection permit must file an | ||||||
8 | application with the Department on a form provided by the | ||||||
9 | Department. The application must include all information and | ||||||
10 | requirements as set by administrative rule. The application for | ||||||
11 | these permits shall be reviewed by the Department to determine | ||||||
12 | if a permit should be issued.
| ||||||
13 | Unless addressed or exempted by administrative rule, | ||||||
14 | annual permit renewal must be accompanied by non-refundable fee | ||||||
15 | as set by the Department. The annual fee for a Herptile | ||||||
16 | Scientific Collection permit shall be set by administrative | ||||||
17 | rule. The Department shall adopt, by administrative rule, any | ||||||
18 | additional procedures for the renewal of a Herptile Scientific | ||||||
19 | Collection permit. All fees shall be deposited into the Fish | ||||||
20 | and Wildlife Fund.
| ||||||
21 | ARTICLE 50. HERPETOCULTURE PERMITS | ||||||
22 | Section 50-5. Permit issuance. Any person or business who |
| |||||||
| |||||||
1 | engages in the breeding, hatching, propagation, sale, or offer | ||||||
2 | for sale of any indigenous herptile, regardless of origin, | ||||||
3 | shall procure a permit from the Department. Herptiles | ||||||
4 | specified, which are bred, hatched, propagated, or legally | ||||||
5 | obtained by a person or business holding a permit as provided | ||||||
6 | for in this Article, may be transported and sold or offered for | ||||||
7 | sale within this State. | ||||||
8 | Section 50-10. Permit requirements. Herpetoculture permit | ||||||
9 | holders shall maintain written records of all herptiles | ||||||
10 | indigenous to this State bought, sold, hatched, propagated, | ||||||
11 | sold, or shipped for a minimum of 2 years after the date of the | ||||||
12 | transaction and shall be made immediately available to | ||||||
13 | authorized employees of the Department upon request. These | ||||||
14 | records shall include the name and address of the buyer and | ||||||
15 | seller, the appropriate permit number of the buyer and seller, | ||||||
16 | the date of the transaction, the species name (both common and | ||||||
17 | scientific), and the origin of herptile involved. Records of | ||||||
18 | the annual operations, as may be required by the Department, | ||||||
19 | shall be forwarded to the Department upon request.
| ||||||
20 | The criteria and standards for a Herpetoculture permit | ||||||
21 | shall be provided by administrative rule. The Department shall | ||||||
22 | set forth applicable rules, including a list of herptiles | ||||||
23 | indigenous to this State.
| ||||||
24 | ARTICLE 55. HERPETOCULTURE |
| |||||||
| |||||||
1 | PERMITS APPLICATION AND FEES | ||||||
2 | Section 55-5. Permit application and fees. An applicant | ||||||
3 | for a Herpetoculture permit must file an application with the | ||||||
4 | Department on a form provided by the Department. The | ||||||
5 | application must include all information and requirements as | ||||||
6 | set forth by administrative rule. The application for these | ||||||
7 | permits shall be reviewed by the Department to determine if a | ||||||
8 | permit should be issued.
| ||||||
9 | Unless addressed or exempted by administrative rule, | ||||||
10 | annual permit renewal must be accompanied by a non-refundable | ||||||
11 | fee as set by the Department. The annual fee for a residential | ||||||
12 | Herpetoculture permit shall be set by administrative rule. The | ||||||
13 | Department shall adopt, by administrative rule, any additional | ||||||
14 | procedures for the renewal of a Herpetoculture permit. All fees | ||||||
15 | shall be deposited into the Fish and Wildlife Fund.
| ||||||
16 | As determined by the Department, non-residents may apply | ||||||
17 | for a permit not to exceed 15 consecutive days to commercialize | ||||||
18 | herptiles indigenous to this State as outlined in this Article. | ||||||
19 | The fee for the permit shall be set by administrative rule, and | ||||||
20 | all fees shall be deposited into the Fish and Wildlife Fund.
| ||||||
21 | The Department shall adopt, by administrative rule, | ||||||
22 | additional procedures for the renewal of annual Herpetoculture | ||||||
23 | permits.
| ||||||
24 | Section 55-10. Additional regulations. Nothing in |
| |||||||
| |||||||
1 | Articles 50 and 55 shall be construed to give permittees | ||||||
2 | authority to breed, hatch, propagate, sell, offer for sale, or | ||||||
3 | otherwise commercialize any herptile or parts thereof from | ||||||
4 | herptiles indigenous to this State, either partially or in | ||||||
5 | whole, that originate from the wild in this State.
| ||||||
6 | Any offspring resulting from the breeding of herptiles | ||||||
7 | where one parent has been taken from the wild in this State and | ||||||
8 | the other parent from non-Illinois stock or captive bred stock, | ||||||
9 | may not be legally sold or otherwise commercialized and shall | ||||||
10 | be treated as indigenous or native Illinois herp taxa subject | ||||||
11 | to Article 5 of this Act.
| ||||||
12 | Color or pattern variations (morphs) of any herptile | ||||||
13 | indigenous to this State are not exempt from this Article.
| ||||||
14 | Due to the similarity of appearance (S/A) of certain | ||||||
15 | intergrade or hybrid specimens, the Department retains the | ||||||
16 | authority to enforce any and all provisions under this Act. | ||||||
17 | Specimens determined by the Department, or its agents, to fit | ||||||
18 | into this S/A category shall receive all benefits of this Act, | ||||||
19 | as well as the Illinois Endangered Species Protection Act if | ||||||
20 | applicable.
| ||||||
21 | ARTICLE 60. HERPTILE SPECIAL | ||||||
22 | USE PERMIT REQUIREMENTS | ||||||
23 | Section 60-5. Permit requirements. Prior to any person | ||||||
24 | obtaining a Herptile Special Use permit, the following criteria |
| |||||||
| |||||||
1 | must be met:
| ||||||
2 | (1) the person was in legal possession and is the legal | ||||||
3 | possessor of the herptile prior to the effective date of | ||||||
4 | this Act and the person applies for and is granted a | ||||||
5 | Personal Possession permit for each special use herptile in | ||||||
6 | the person's possession within 30 days after the enactment | ||||||
7 | of this Act; or
| ||||||
8 | (2) prior to acquiring a Herptile Special Use permit, | ||||||
9 | the person must provide the name, address, date of birth, | ||||||
10 | permit number, telephone number of the possessor, type or | ||||||
11 | species, and the date the herptile is to be acquired.
| ||||||
12 | The applicant must comply with all requirements of this Act | ||||||
13 | and the rules adopted by the Department to obtain a Herptile | ||||||
14 | Special Use permit. Prior to the issuance of the Herptile | ||||||
15 | Special Use permit, the applicant must provide proof of | ||||||
16 | liability insurance or surety bond in the amount of $100,000 | ||||||
17 | for each Herptile Special Use permit up to a maximum of | ||||||
18 | $1,000,000 and the insurance or surety bond is to be maintained | ||||||
19 | during the term of the permit.
| ||||||
20 | ARTICLE 65. HERPTILE SPECIAL USE | ||||||
21 | PERMIT APPLICATION AND FEES | ||||||
22 | Section 65-5. Permit application and fees. An applicant for | ||||||
23 | a Herptile Special Use permit must file an application with the | ||||||
24 | Department on a form provided by the Department. The |
| |||||||
| |||||||
1 | application must include all information and requirements as | ||||||
2 | set forth by administrative rule.
| ||||||
3 | The annual fee for a residential Herptile Special Use | ||||||
4 | permit shall be set by administrative rule on a per person | ||||||
5 | basis. The Herptile Special Use permit shall not be based on | ||||||
6 | the number of special use herptile kept by an owner or | ||||||
7 | possessor. All fees shall be deposited into the Fish and | ||||||
8 | Wildlife Fund.
| ||||||
9 | The Department shall adopt, by administrative rule, | ||||||
10 | procedures for the renewal of annual Herptile Special Use | ||||||
11 | permits. | ||||||
12 | Any person possessing and in legal possession of a special | ||||||
13 | use herptile as stipulated in this Article, that no longer | ||||||
14 | wishes to keep the herptile may be assisted by the Department | ||||||
15 | at no charge to them and without prosecution, to place the | ||||||
16 | special use herptile in a new home, within 30 days after the | ||||||
17 | effective date of this Act. | ||||||
18 | The Department may issue a Limited Entry permit to an | ||||||
19 | applicant who: (i) is not a resident of this State; (ii) | ||||||
20 | complies with the requirements of this Act and all rules | ||||||
21 | adopted by the Department under the authority of this Act; | ||||||
22 | (iii) provides proof to the Department that he or she shall, | ||||||
23 | during the permit term, maintain sufficient liability | ||||||
24 | insurance coverage; (iv) pays to the Department along with each | ||||||
25 | application for a Limited Entry permit a non-refundable fee as | ||||||
26 | set by administrative rule, which the Department shall deposit |
| |||||||
| |||||||
1 | into the Fish and Wildlife Fund; and (v) uses the herptile for | ||||||
2 | an activity authorized in the Limited Entry permit. A Limited | ||||||
3 | Entry permit shall be valid for not more than 30 consecutive | ||||||
4 | days unless extended by the Department, however, no extension | ||||||
5 | shall be longer than 15 days.
| ||||||
6 | ARTICLE 70. SUSPENSION OF | ||||||
7 | PRIVILEGES AND REVOCATION OF | ||||||
8 | HERPTILE SPECIAL USE PERMITS | ||||||
9 | Section 70-5. Suspension of privileges and revocation of | ||||||
10 | permits. A person who does not hold a Herptile Special Use | ||||||
11 | permit or Limited Entry permit and who violates a provision of | ||||||
12 | this Act or an administrative rule authorized under this Act | ||||||
13 | shall have his or her privileges under this Act suspended for | ||||||
14 | up to 5 years after the date that he or she is in violation of | ||||||
15 | an initial offense, for up to 10 years after the date that he | ||||||
16 | or she is in violation of a second offense, and for life for a | ||||||
17 | third or subsequent offense.
| ||||||
18 | A person who holds a Herptile Special Use permit or Limited | ||||||
19 | Entry permit and who violates the provisions of this Act shall | ||||||
20 | have his or her permit revoked and permit privileges under this | ||||||
21 | Act suspended for a period of up to 2 years after the date that | ||||||
22 | he or she is found guilty of an initial offense, for up to 10 | ||||||
23 | years after the date that he or she is found guilty of a second | ||||||
24 | offense, and for life for a third offense.
|
| |||||||
| |||||||
1 | A person whose privileges to possess a special use herptile | ||||||
2 | have been suspended or permit revoked may appeal that decision | ||||||
3 | in accordance with the provisions for appealing suspensions and | ||||||
4 | revocations under Section 20-105 of Fish and Aquatic Life Code | ||||||
5 | and Section 3.36 of the Wildlife Code.
| ||||||
6 | ARTICLE 75. RECORD KEEPING REQUIREMENTS | ||||||
7 | OF SPECIAL USE HERPTILES | ||||||
8 | Section 75-5. Record keeping requirements. A person who | ||||||
9 | possesses a special use herptile must maintain records | ||||||
10 | pertaining to the acquisition, possession, and disposition of | ||||||
11 | the special use herptile as provided by administrative rule. | ||||||
12 | These records shall be maintained for a minimum of 2 years | ||||||
13 | after the date the special use herptile is no longer in | ||||||
14 | possession of the permit holder. All records are subject to | ||||||
15 | inspection by authorized law enforcement officers. In addition | ||||||
16 | to maintaining records, all special use herptiles must be | ||||||
17 | either pit-tagged or micro-chipped to individually identify | ||||||
18 | them and the pit-tag or microchip numbers are also to be | ||||||
19 | maintained as other pertinent records, unless otherwise | ||||||
20 | provided by administrative rule. | ||||||
21 | ARTICLE 80. INJURY TO A | ||||||
22 | MEMBER OF PUBLIC BY | ||||||
23 | SPECIAL USE HERPTILES |
| |||||||
| |||||||
1 | Section 80-5. Injury to a member of public by special use | ||||||
2 | herptiles. A person who possesses a special use herptile | ||||||
3 | without complying with the requirements of this Act and the | ||||||
4 | rules adopted under the authority of this Act and whose special | ||||||
5 | use herptile harms a person when the possessor knew or should | ||||||
6 | have known that the herptile had a propensity, when provoked or | ||||||
7 | unprovoked, to harm, cause injury to, or otherwise | ||||||
8 | substantially endanger a member of the public is guilty of a | ||||||
9 | Class A misdemeanor. A person who fails to comply with the | ||||||
10 | provisions of this Act and the rules adopted under the | ||||||
11 | authority of this Act and who intentionally or knowingly allow | ||||||
12 | a special use herptile to cause great bodily harm to, or the | ||||||
13 | death of, a human is guilty of a Class 4 felony. | ||||||
14 | ARTICLE 85. PROHIBITED ACTS WITH | ||||||
15 | SPECIAL USE HERPTILES | ||||||
16 | Section 85-5. Prohibited acts. Except as otherwise | ||||||
17 | provided in this Act or by administrative rule, a person shall | ||||||
18 | not own, possess, keep, import, transfer, harbor, bring into | ||||||
19 | this State, breed, propagate, buy, sell, or offer to sell, or | ||||||
20 | have in his or her custody or control a special use herptile.
| ||||||
21 | A person shall not release any special use herptile into | ||||||
22 | the wild at any time unless authorized by the Director in | ||||||
23 | writing. The possessor of a special use herptile must |
| |||||||
| |||||||
1 | immediately contact the animal control authority or law | ||||||
2 | enforcement agency of the municipality or county where the | ||||||
3 | possessor resides if a special use herptile escapes or is | ||||||
4 | released. | ||||||
5 | The possessor of a special use herptile shall not keep, | ||||||
6 | harbor, care for, transport, act as the custodian of, or | ||||||
7 | maintain in his or her possession the special use herptile in | ||||||
8 | anything other than an escape-proof enclosure.
| ||||||
9 | The possessor of a special use herptile shall not transport | ||||||
10 | the special use herptile to or possess the special use herptile | ||||||
11 | at a public venue, commercial establishment, retail | ||||||
12 | establishment, or educational institution unless specifically | ||||||
13 | authorized by permit or required to render veterinary care to | ||||||
14 | the special use herptile.
| ||||||
15 | The possessor of a special use herptile, at all reasonable | ||||||
16 | times, shall not deny the Department or its designated agents | ||||||
17 | and officers access to premises where the possessor keeps a | ||||||
18 | special use herptile to ensure compliance with this Act.
| ||||||
19 | Except as otherwise provided in this Act or by | ||||||
20 | administrative rule, a person shall not buy, sell, or barter, | ||||||
21 | or offer to buy, sell, or barter a special use herptile.
| ||||||
22 | ARTICLE 90. PENALTIES | ||||||
23 | Section 90-5. Penalties. A person who violates Article 85 | ||||||
24 | of this Act is guilty of a Class A misdemeanor for a first |
| |||||||
| |||||||
1 | offense and a Class 4 felony for a second or subsequent offense | ||||||
2 | occurring within one year after a finding of guilt on a first | ||||||
3 | offense. A person who violates Article 75 of this Act is guilty | ||||||
4 | of a Class B misdemeanor. Each day of a violation constitutes a | ||||||
5 | separate offense. A person who violates Articles 5, 10, 15, 20, | ||||||
6 | 25, 30, 35, 40, 50, or 55 of this Act with a penalty not set | ||||||
7 | forth is guilty of a Class A misdemeanor. | ||||||
8 | All fines and penalties collected under the authority of | ||||||
9 | this Act or its administrative rules shall be deposited into | ||||||
10 | the Fish and Wildlife Fund. | ||||||
11 | ARTICLE 95. CIVIL | ||||||
12 | LIABILITY AND IMMUNITY | ||||||
13 | Section 95-5. Assumption of risk. Each participant who | ||||||
14 | owns, possesses, or keeps a herptile expressly assumes the risk | ||||||
15 | of and legal responsibility for injury, loss, or damage to the | ||||||
16 | person or the person's property that results from the | ||||||
17 | ownership, possession, or keeping, of the herptile. Each owner, | ||||||
18 | keeper, or possessor of a herptile shall be solely liable to | ||||||
19 | manage, care for, and control a particular species, and it | ||||||
20 | shall be the duty of each owner, keeper, or possessor, to | ||||||
21 | maintain reasonable control of the particular herptile at all | ||||||
22 | times, and to refrain from acting in a manner that may cause or | ||||||
23 | contribute to the injury of person, whether in public or on | ||||||
24 | private property. |
| |||||||
| |||||||
1 | Section 95-10. Civil liability and immunity. If any | ||||||
2 | herptile escapes or is released, the owner and possessor of the | ||||||
3 | herptile shall be strictly liable for all costs incurred in | ||||||
4 | apprehending and confining the herptile; including any | ||||||
5 | injuries incurred to humans or damage to property, both real | ||||||
6 | and personal, including pets and livestock, and the owner shall | ||||||
7 | indemnify any animal control officer, police officer, or | ||||||
8 | Department employee acting in his or her official capacity to | ||||||
9 | capture or control an escaped herptile.
| ||||||
10 | The owner, keeper, or possessor of an escaped herptile | ||||||
11 | shall be solely responsible for any and all liabilities arising | ||||||
12 | out of or in connection with the escape or release of any | ||||||
13 | herptile including liability for any damage, injury, or death | ||||||
14 | caused by or to the herptile during or after the herptile's | ||||||
15 | escape or release or as a result of the apprehension or | ||||||
16 | confinement of the herptile after its escape or release. In | ||||||
17 | addition, the owner, keeper, or possessor of an escaped | ||||||
18 | herptile shall be solely responsible for any and all costs | ||||||
19 | incurred by an animal control officer, police officer, or | ||||||
20 | Department employee acting in his or her official capacity to | ||||||
21 | capture or control an escaped herptile. | ||||||
22 | A licensed veterinarian who may have cause to treat a | ||||||
23 | special use herptile that is in violation of this Act shall not | ||||||
24 | be held liable under this Act provided that the veterinarian | ||||||
25 | (i) promptly reports violations of this Act of which he or she |
| |||||||
| |||||||
1 | has knowledge to a law enforcement agency within 24 hours after | ||||||
2 | becoming aware of the incident; (ii) provides the name, | ||||||
3 | address, and phone number of the person possessing the special | ||||||
4 | use herptile at time of incident or treatment; (iii) provides | ||||||
5 | the name and address of the owner of the special use herptile | ||||||
6 | if known; (iv) identifies the kind and number of special use | ||||||
7 | herptiles being treated; and (v) describes the reason for the | ||||||
8 | treatment of the special use herptile.
| ||||||
9 | ARTICLE 100. SEIZURE AND FORFEITURE | ||||||
10 | Section 100-5. Seizure and forfeiture. If any person is | ||||||
11 | found to possess a special use herptile that is in violation of | ||||||
12 | this Act, including any administrative rules, then the special | ||||||
13 | use herptile and any equipment or items used contrary to this | ||||||
14 | Act shall be subject to seizure and forfeiture by the | ||||||
15 | Department. Any special use herptile seized in violation of | ||||||
16 | this Act may immediately be placed in a facility approved by | ||||||
17 | the Department. | ||||||
18 | If a person's special use herptile has been seized by the | ||||||
19 | Department, then the owner and possessor of the special use | ||||||
20 | herptile is liable for the reasonable costs associated with the | ||||||
21 | seizure, placement, testing, and care for the special use | ||||||
22 | herptile from the time of confiscation until the time the | ||||||
23 | special use herptile is relocated to an approved facility or | ||||||
24 | person holding a valid Herptile Special Use permit or is |
| |||||||
| |||||||
1 | otherwise disposed of by the Department. | ||||||
2 | Any special use herptile and related items found abandoned | ||||||
3 | shall become the property of the Department and disposed of | ||||||
4 | according to Department rule.
| ||||||
5 | The circuit court, in addition to any other penalty, may | ||||||
6 | award any seized or confiscated special use herptiles or items | ||||||
7 | to the Department as provided for in Section 1-215 of the Fish | ||||||
8 | and Aquatic Life Code and Section 1.25 of the Wildlife Code. | ||||||
9 | Further, the court, in addition to any other penalty, may | ||||||
10 | assess a fee upon a person who pleads guilty to the provisions | ||||||
11 | of this Act equal to the amount established or determined to | ||||||
12 | maintain the special use herptile until it is permanently | ||||||
13 | placed in a facility approved by the Department or otherwise | ||||||
14 | disposed of.
| ||||||
15 | ARTICLE 105. EXEMPTIONS | ||||||
16 | Section 105-5. Exemptions. When acting in their official | ||||||
17 | capacity, the following entities and their agents are exempt | ||||||
18 | from the requirements of this Act:
| ||||||
19 | (1) public zoos or aquaria accredited by the | ||||||
20 | Association of Zoos and Aquariums;
| ||||||
21 | (2) licensed veterinarians or anyone operating under | ||||||
22 | the authority of a licensed veterinarian;
| ||||||
23 | (3) wildlife sanctuaries;
| ||||||
24 | (4) accredited research or medical institutions;
|
| |||||||
| |||||||
1 | (5) licensed or accredited educational institutions;
| ||||||
2 | (6) circuses licensed and in compliance with the Animal | ||||||
3 | Welfare Act and all rules adopted by the Department of | ||||||
4 | Agriculture;
| ||||||
5 | (7) federal, State, and local law enforcement | ||||||
6 | officers, including animal control officers acting under | ||||||
7 | the authority of this Act;
| ||||||
8 | (8) members of federal, State, or local agencies | ||||||
9 | approved by the Department;
| ||||||
10 | (9) any bonafide wildlife rehabilitation facility | ||||||
11 | licensed or otherwise authorized by the Department; and
| ||||||
12 | (10) any motion picture or television production | ||||||
13 | company that uses licensed dealers, exhibitors, and | ||||||
14 | transporters under the federal Animal Welfare Act, 7 U.S.C. | ||||||
15 | 2132.
| ||||||
16 | Section 110. The Criminal Code of 2012 is amended by | ||||||
17 | changing Section 48-10 as follows: | ||||||
18 | (720 ILCS 5/48-10) | ||||||
19 | Sec. 48-10. Dangerous animals. | ||||||
20 | (a) Definitions. As used in this Section, unless the | ||||||
21 | context otherwise requires: | ||||||
22 | "Dangerous animal" means a lion, tiger, leopard, | ||||||
23 | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, | ||||||
24 | bobcat, jaguarundi, bear, hyena, wolf or
coyote , or any |
| |||||||
| |||||||
1 | poisonous or life-threatening reptile . Dangerous animal | ||||||
2 | does not mean any herptiles that are found in the | ||||||
3 | Herptiles-Herps Act of 2013. | ||||||
4 | "Owner" means any person who (1) has a right of | ||||||
5 | property in a dangerous
animal or primate, (2) keeps or | ||||||
6 | harbors a dangerous animal or primate, (3) has a dangerous | ||||||
7 | animal
or primate in his or her care, or (4) acts as | ||||||
8 | custodian of a dangerous animal or primate. | ||||||
9 | "Person" means any individual, firm, association, | ||||||
10 | partnership,
corporation, or other legal entity, any | ||||||
11 | public or private institution, the
State, or any municipal | ||||||
12 | corporation or political subdivision of the State. | ||||||
13 | "Primate" means a nonhuman member of the order primate, | ||||||
14 | including but not limited to chimpanzee, gorilla, | ||||||
15 | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | ||||||
16 | and tarsier. | ||||||
17 | (b) Dangerous animal or primate offense. No person shall | ||||||
18 | have a right of property in, keep, harbor,
care for, act as | ||||||
19 | custodian
of or maintain in
his or her possession any dangerous | ||||||
20 | animal or primate except at a properly maintained zoological
| ||||||
21 | park, federally licensed
exhibit, circus, college or | ||||||
22 | university, scientific institution, research laboratory, | ||||||
23 | veterinary hospital, hound running area, or animal
refuge in an | ||||||
24 | escape-proof enclosure. | ||||||
25 | (c) Exemptions. | ||||||
26 | (1) This Section does not prohibit a person who had |
| |||||||
| |||||||
1 | lawful possession of a primate before January 1, 2011, from | ||||||
2 | continuing to possess that primate if the person registers | ||||||
3 | the animal by providing written notification to the local | ||||||
4 | animal control administrator on or before April 1, 2011. | ||||||
5 | The notification shall include: | ||||||
6 | (A) the person's name, address, and telephone | ||||||
7 | number; and | ||||||
8 | (B) the type of primate, the age, a photograph, a | ||||||
9 | description of any tattoo, microchip, or other | ||||||
10 | identifying information, and a list of current | ||||||
11 | inoculations. | ||||||
12 | (2) This Section does not prohibit a person who is | ||||||
13 | permanently disabled with a severe mobility impairment | ||||||
14 | from possessing a single capuchin monkey to assist the | ||||||
15 | person in performing daily tasks if: | ||||||
16 | (A) the capuchin monkey was obtained from and | ||||||
17 | trained at a licensed nonprofit organization described | ||||||
18 | in Section 501(c)(3) of the Internal Revenue Code of | ||||||
19 | 1986, the nonprofit tax status of which was obtained on | ||||||
20 | the basis of a mission to improve the quality of life | ||||||
21 | of severely mobility-impaired individuals; and | ||||||
22 | (B) the person complies with the notification | ||||||
23 | requirements as described in paragraph (1) of this | ||||||
24 | subsection (c). | ||||||
25 | (d) A person who registers a primate shall notify the local | ||||||
26 | animal control administrator within 30 days of a change of |
| |||||||
| |||||||
1 | address. If the person moves to another locality within the | ||||||
2 | State, the person shall register the primate with the new local | ||||||
3 | animal control administrator within 30 days of moving by | ||||||
4 | providing written notification as provided in paragraph (1) of | ||||||
5 | subsection (c) and shall include proof of the prior | ||||||
6 | registration. | ||||||
7 | (e) A person who registers a primate shall notify the local | ||||||
8 | animal control administrator immediately if the primate dies, | ||||||
9 | escapes, or bites, scratches, or injures a person. | ||||||
10 | (f) It is no defense to a violation of subsection (b)
that | ||||||
11 | the person violating subsection
(b) has attempted to | ||||||
12 | domesticate the dangerous animal. If there appears
to be | ||||||
13 | imminent danger to the public, any
dangerous animal found not | ||||||
14 | in compliance with the provisions of this Section
shall be | ||||||
15 | subject to
seizure and may immediately be placed in an approved | ||||||
16 | facility. Upon the
conviction of a person for a violation of | ||||||
17 | subsection (b), the animal with regard
to which the conviction | ||||||
18 | was obtained shall be confiscated and placed in an
approved | ||||||
19 | facility, with the owner responsible for all costs
connected | ||||||
20 | with the seizure and confiscation of the animal.
Approved | ||||||
21 | facilities include, but are not limited to, a zoological park,
| ||||||
22 | federally licensed exhibit,
humane society, veterinary | ||||||
23 | hospital or animal refuge. | ||||||
24 | (g) Sentence. Any person violating this Section is guilty | ||||||
25 | of a Class C
misdemeanor. Any corporation or
partnership, any | ||||||
26 | officer, director, manager or managerial agent of the
|
| |||||||
| |||||||
1 | partnership or corporation who violates this Section or causes | ||||||
2 | the
partnership or corporation to violate this Section is | ||||||
3 | guilty of a Class C misdemeanor. Each day of violation | ||||||
4 | constitutes a separate offense.
| ||||||
5 | (Source: P.A. 97-1108, eff. 1-1-13.)".
|