Full Text of SB1247 102nd General Assembly
SB1247eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Herptiles-Herps Act is amended by changing | 5 | | Sections 1-5, 1-15, 5-5, 5-10, 5-15, 5-20, 5-30, 5-35, 10-40, | 6 | | 15-5, 20-30, 25-5, 25-30, 30-10, 35-5, 40-5, 40-10, 45-5, | 7 | | 50-5, 50-10, 55-5, 55-10, 60-5, 65-5, 70-5, 80-5, 90-5, 95-5, | 8 | | 95-10, 100-5, 100-10, 100-15, 105-10, 105-30, 105-35, 105-40, | 9 | | 105-55, 105-60, 105-65, 105-75, 105-80, 105-90, 105-95, and | 10 | | 110-5 and by adding Sections 55-15 and 90-10 and Article 87 as | 11 | | follows: | 12 | | (510 ILCS 68/1-5)
| 13 | | Sec. 1-5. Purpose. The purpose of this Act is to regulate | 14 | | the protection, control, possession, and propagation of | 15 | | herptiles in this State. For purposes of this Act, reptiles | 16 | | and amphibians shall be exempt from the definition of "aquatic | 17 | | life" under Section 1-20 of the Fish and Aquatic Life Code. All | 18 | | rules and enforcement actions under the Illinois Conservation | 19 | | Law and the dangerous animals provisions in Section 48-10 of | 20 | | the Criminal Code of 2012 related to reptiles and amphibians | 21 | | shall be covered exclusively by this Act.
| 22 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | (510 ILCS 68/1-15)
| 2 | | Sec. 1-15. Definitions. For the purposes of this Act, | 3 | | unless the context clearly requires otherwise, the following | 4 | | terms are defined as: | 5 | | "Administrative rule" means a regulatory measure issued by | 6 | | the Director under this Act. | 7 | | "Authorized law enforcement officer" means all sworn | 8 | | members of the Law Enforcement Division of the Department and | 9 | | those persons specifically granted law enforcement | 10 | | authorization by the Director. | 11 | | "Bona fide scientific or educational institution" means | 12 | | confirming educational or scientific tax-exemption, from the | 13 | | federal Internal Revenue Service or the applicant's national, | 14 | | state, or local tax authority, or a statement of accreditation | 15 | | or recognition as an educational institution.
| 16 | | "Contraband" means all herptiles reptile or amphibian life | 17 | | or any part of a herptile reptile or amphibian life taken, | 18 | | bought, sold or bartered, shipped, or held in possession or | 19 | | any conveyance, vehicle, watercraft, or other means of | 20 | | transportation whatsoever, except sealed railroad cars or | 21 | | other sealed common carriers, used to transport or ship any | 22 | | herptile reptile or amphibian life or any part of a herptile | 23 | | reptile or amphibian life taken, contrary to this Act, | 24 | | including administrative rules, or used to transport, contrary | 25 | | to this Act, including administrative rules, any of the | 26 | | specified species when taken illegally.
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| 1 | | "Culling" means picking out from others and removing | 2 | | rejected members because of inferior quality. | 3 | | "Department" means the Illinois Department of Natural | 4 | | Resources. | 5 | | "Director" means the Director of the Illinois Department | 6 | | of Natural Resources. | 7 | | "Educational program" means a program of organized | 8 | | instruction or study for providing education intended to meet | 9 | | a public need. | 10 | | "Endangered or threatened species" means any reptile or | 11 | | amphibian species listed as endangered or threatened to the | 12 | | species level on either the Illinois List of Endangered and | 13 | | Threatened Fauna or the federal U.S. Fish and Wildlife Service | 14 | | List of Threatened and Endangered Species. | 15 | | "Herpetoculture" means the breeding, hatching, | 16 | | propagation, or raising of indigenous or native herptiles in | 17 | | captivity. | 18 | | "Herptile" means collectively any amphibian or reptile | 19 | | taxon and includes any species, hybrid, or intergrade thereof | 20 | | , whether indigenous to this State or not . | 21 | | "Hybrid" means the offspring of 2 herptiles of different | 22 | | breeds, varieties, species, or genera. | 23 | | "Indigenous or native taxa" means those amphibians and | 24 | | reptiles to the subspecies level that can be found naturally | 25 | | in this State. | 26 | | "Individual" means a natural person. |
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| 1 | | "Intergrade" means the offspring of 2 herptiles of | 2 | | different subspecies. | 3 | | "Medically significant" means a venomous or poisonous | 4 | | species whose venom or toxin can cause death or serious | 5 | | illness or injury in humans that may require emergency room | 6 | | care or the immediate care of a physician. These species are | 7 | | categorized as being "medically significant" or "medically | 8 | | important". | 9 | | "Morphological variation" means the form and structure of | 10 | | a herptile or any part of a herptile. "Morphological | 11 | | variation" includes the outward appearance, structure, shape, | 12 | | color, pattern, and size of a herptile. | 13 | | "Owner" means an individual who has a legal right to the | 14 | | possession of a herptile. | 15 | | "Person" means any individual, partnership, corporation, | 16 | | organization, trade or professional association, firm, limited | 17 | | liability company, joint venture, or group. | 18 | | "Possession limit" means the maximum number or amount of | 19 | | herptiles that can be lawfully held or possessed by one person | 20 | | at any time. | 21 | | "Possessor" means any person who possesses, keeps, | 22 | | harbors, brings into the State, cares for, acts as a custodian | 23 | | for, has in his or her custody or control, or holds a property | 24 | | right to a herptile. | 25 | | "Propagation" means the act or process of maintaining any
| 26 | | herptile in its natural environment or in a controlled |
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| 1 | | environment that intentionally or unintentionally results in | 2 | | the production of eggs or offspring from the parent stock. | 3 | | "Propagation" includes the attempt to produce eggs or | 4 | | offspring from the parent stock. | 5 | | "Reptile show" means any event open to the public, for a | 6 | | fee or without a fee, that is not a licensed pet store, where | 7 | | herptiles or herptiles together with other animals are | 8 | | exhibited, displayed, sold, bought, traded, or otherwise made | 9 | | available for public display. | 10 | | "Resident" means a person who in good faith makes | 11 | | application for any license or permit and verifies by | 12 | | statement that he or she has maintained his or her permanent | 13 | | abode in this State for a period of at least 30 consecutive | 14 | | days immediately preceding the person's application, and who | 15 | | does not maintain permanent abode or claim residency in | 16 | | another state for the purposes of obtaining any of the same or | 17 | | similar licenses or permits under this Act. A person's | 18 | | permanent abode is his or her fixed and permanent dwelling | 19 | | place, as distinguished from a temporary or transient place of | 20 | | residence. Domiciliary intent is required to establish that | 21 | | the person is maintaining his or her permanent abode in this | 22 | | State. Evidence of domiciliary intent includes, but is not | 23 | | limited to, the location where the person votes, pays personal | 24 | | income tax, or obtains a drivers license. Any person on active | 25 | | duty in the Armed Forces shall be considered a resident of | 26 | | Illinois during his or her period of military duty. |
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| 1 | | "Special use herptile" means any taxon of amphibian or | 2 | | reptile set forth in administrative rule for which a Herptile | 3 | | Special Use permit is required. | 4 | | "Take" means possess, collect, catch, detain, hunt, shoot, | 5 | | pursue, lure, kill, destroy, capture, gig or spear, trap or | 6 | | ensnare, harass, or an attempt to do so.
| 7 | | "Transport" or "ship" means to convey by parcel post, | 8 | | express, freight, baggage, or shipment by common carrier or | 9 | | any description; by automobile, motorcycle, or other vehicle | 10 | | of any kind; by water or aircraft of any kind; or by any other | 11 | | means of transportation.
| 12 | | "Turtle farming" means the act of breeding, hatching, | 13 | | raising, selling turtles, or any combination commercially for | 14 | | the purpose of providing turtles, turtle eggs, or turtle parts | 15 | | to pet suppliers, exporters, and food industries. | 16 | | "Wildlife sanctuary" means any non-profit organization | 17 | | that: (1) is exempt from taxation under the federal Internal | 18 | | Revenue Code and is currently confirmed as tax exempt by the | 19 | | federal Internal Revenue Service; (2) operates a place of | 20 | | refuge where wild animals are provided care for their lifetime | 21 | | or released back to their natural range; (3) does not conduct | 22 | | activities on animals in its possession that are not inherent | 23 | | to the animal's nature; (4) does not use animals in its | 24 | | possession for entertainment; (5) does not sell, trade, or | 25 | | barter animals in its possession or parts of those animals; | 26 | | and (6) does not breed animals in its possession.
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| 1 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 2 | | (510 ILCS 68/5-5)
| 3 | | Sec. 5-5. Possession limits. | 4 | | (a) The possession limit for herptiles indigenous | 5 | | amphibian and reptile taxa (excluding common snapping turtles | 6 | | and bullfrogs) is 8 total collectively with no more than 4 | 7 | | total per species. The possession of one or more parts of the | 8 | | body of the same individual herptile shall equal one | 9 | | individual herptile of a species. In no case shall a person | 10 | | possess more than 8 indigenous amphibian or reptiles in total. | 11 | | Young of gravid wild-collected amphibians and reptiles shall | 12 | | be returned to the site of adult capture after birth.
The | 13 | | possession limit for common snapping turtles and bullfrogs | 14 | | shall be set by administrative rule. | 15 | | (b) Only residents may possess herptiles collected from | 16 | | the wild within this State under a valid sport fishing | 17 | | license; non-residents may not possess herptiles collected | 18 | | from the wild within this State except for scientific purposes | 19 | | after first
obtaining , with a Herptile Scientific Collection | 20 | | permit.
| 21 | | (c) All herptile species (other than bullfrogs and common | 22 | | snapping turtles) shall may be captured by hand only, unless | 23 | | otherwise authorized by this Act or administrative rule . This | 24 | | shall not restrict the use of legally taken herptiles as bait | 25 | | by anglers only, unless otherwise authorized by this Act or |
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| 1 | | administrative rule . Any captured herptiles that are not to be | 2 | | retained in the possession of the captor shall be immediately | 3 | | released at the site of capture, unless taken with a lethal | 4 | | method such as bow and arrow, gig, spear, or pitchfork which | 5 | | does not permit release without harm. All common snapping | 6 | | turtles and bullfrogs taken from the wild for personal | 7 | | consumption must be kept and counted in the daily catch creel | 8 | | or bag. No culling of species taken from the wild of these 2 | 9 | | species for personal consumption is permitted.
| 10 | | (d) The trier of fact may infer that a person is collecting | 11 | | from the wild within this State if he or she possesses | 12 | | indigenous reptiles or amphibians, in whole or in part, if no | 13 | | documentation exists stating that the animals were legally | 14 | | collected from the wild outside of this State.
| 15 | | (e) A resident of this State in possession of more than the | 16 | | allowed possession limit set forth in subsection (a) must | 17 | | obtain Residents may possess a total of 8 native herp | 18 | | specimens collectively, with no more than 4 per species, | 19 | | without obtaining and have in his or her possession possessing | 20 | | either a Herptile Scientific Collection permit or | 21 | | Herpetoculture permit from the Department, regardless of the | 22 | | origin of the species. Unless exempt under the provisions of | 23 | | Section 20 of the Fish and Aquatic Life Code, a A sport fishing | 24 | | license is required for residents to legally collect any | 25 | | native herptile herp taxon on private land, with the | 26 | | landowner's permission. Collecting herptiles on public lands |
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| 1 | | shall require the agency that manages the land to authorize | 2 | | the collecting of herptiles on the public land under its | 3 | | control additional permits .
| 4 | | (f) Any resident wishing to possess more than his or her | 5 | | allowed possession limit shall first apply to the Department | 6 | | for a Herptile Scientific Collection permit or Herpetoculture | 7 | | permit to do so. Issuance, modification, or denial of any and | 8 | | all of these permits shall be at the sole discretion of the | 9 | | Department.
Procedures for the issuance, modification, or | 10 | | denial of permits shall be set forth by administrative rule. | 11 | | (g) (Blank). Due to the similarity of appearance (S/A) of | 12 | | certain intergrade or hybrid specimens, the Department retains | 13 | | the authority to enforce any and all provisions under this | 14 | | Act. Specimens determined by the Department, or its agents, to | 15 | | fit into this S/A category shall receive all benefits of this | 16 | | Act, as well as the Illinois Endangered Species Protection Act | 17 | | if applicable, and shall be included in an individual's | 18 | | overall possession limit.
| 19 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 20 | | (510 ILCS 68/5-10)
| 21 | | Sec. 5-10. Commercialization; herpetoculture. | 22 | | (a) It is unlawful to take, possess, buy, sell, offer to | 23 | | buy or sell or barter any herptile reptile, amphibian , or | 24 | | their eggs, any resulting offspring, or parts taken from the | 25 | | wild in this State for commercial purposes unless otherwise |
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| 1 | | authorized by law.
| 2 | | (b) The trier of fact may infer that a person is collecting | 3 | | from the wild within this State for commercial purposes if he | 4 | | or she possesses indigenous herptiles reptiles or amphibians , | 5 | | in whole or in part, for which no documentation exists stating | 6 | | that the animals were legally collected from the wild outside | 7 | | this State. | 8 | | (c) (Blank). Due to the similarity of appearance (S/A) of | 9 | | certain intergrade or hybrid specimens, the Department retains | 10 | | the authority to enforce any and all provisions under this | 11 | | Act. Specimens determined by the Department, or its agents, to | 12 | | fit into this S/A category shall receive all benefits of this | 13 | | Act, as well as the Illinois Endangered Species Protection Act | 14 | | if applicable, and shall be included in an individual's | 15 | | overall possession limit.
| 16 | | (d) A valid, Department-issued Herpetoculture permit shall | 17 | | apply only to indigenous herptile herp taxa. A Herpetoculture | 18 | | permit shall not be required in order to commercialize | 19 | | non-indigenous herptile herp taxa except as otherwise | 20 | | prohibited or regulated under this Act or federal law .
| 21 | | (e) Indigenous herptile herp taxa collected from the wild | 22 | | in this State may not be bred unless otherwise authorized by | 23 | | the Department for research or recovery purposes unless | 24 | | otherwise authorized by this Act or administrative rule .
| 25 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | (510 ILCS 68/5-15)
| 2 | | Sec. 5-15. Protection of habitat. Habitat features that | 3 | | are disturbed in the course of searching for herptiles | 4 | | reptiles and amphibians shall be returned to as near its | 5 | | original position and condition as possible , for example | 6 | | overturned stones and logs shall be restored to their original | 7 | | locations .
| 8 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 9 | | (510 ILCS 68/5-20)
| 10 | | Sec. 5-20. Propagation of Taking of endangered or | 11 | | threatened species. | 12 | | (a) No person shall take or possess for the purpose of | 13 | | propagation any of the herptiles listed in the Illinois | 14 | | Endangered Species Protection Act , the federal Endangered | 15 | | Species Act of 1973, or subsequent administrative rules unless | 16 | | authorized by a Herptile Endangered and Threatened Species | 17 | | Propagation permit issued by the Department. For the purpose | 18 | | of propagation only, a Herptile Endangered and Threatened | 19 | | Species Propagation permit shall allow a resident of this | 20 | | State to possess, propagate, or sell legally obtained | 21 | | endangered and threatened herptiles.
The Department shall | 22 | | adopt rules relating to the acquisition, possession, and | 23 | | propagation of legally obtained endangered and threatened | 24 | | herptiles. The Department shall determine, by rule, the | 25 | | application, fees, duration, and other requirements necessary |
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| 1 | | for the issuance or suspension or revocation of a Herptile | 2 | | Endangered and Threatened Species Propagation permit. All fees | 3 | | collected from the issuance of a Herptile Endangered and | 4 | | Threatened Species Propagation permit shall be deposited into | 5 | | the Wildlife Preservation Fund. , except as provided by that | 6 | | Act.
| 7 | | (b) Any person issued a Herptile Endangered and Threatened | 8 | | Species Propagation permit by the Department who is in | 9 | | possession of a -permitted threatened or endangered (T/E) | 10 | | herptile species shall be exempt from an individual's overall | 11 | | possession limit under the permitting system set forth in this | 12 | | Act. However, the holder of a Herptile Endangered and | 13 | | Threatened Species Propagation permit is not exempt from the | 14 | | species limitations set forth in the administrative rules | 15 | | regarding the Herptile Endangered and Threatened Species | 16 | | Propagation permit. However, any and all T/E specimens shall | 17 | | be officially recorded with the Department's Endangered | 18 | | Species Conservation Program. Any species occurring on the | 19 | | federal T/E list also requires a Department permit for | 20 | | possession, propagation, sale, or offer for sale unless | 21 | | otherwise permitted under this Act or administrative rule | 22 | | through the Department .
| 23 | | (c) (Blank). Due to the similarity of appearance (S/A) of | 24 | | certain intergrade or hybrid specimens, the Department retains | 25 | | the authority to enforce any and all provisions under this | 26 | | Act. Specimens determined by the Department, or agents, to fit |
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| 1 | | into this S/A category shall receive all benefits of this Act, | 2 | | as well as the Illinois Endangered Species Protection Act if | 3 | | applicable, and shall be included in an individual's overall | 4 | | possession limit.
| 5 | | (d) Federally licensed exhibits shall not be exempt from | 6 | | the Illinois Endangered Species Protection Act , this Act, or | 7 | | administrative rule .
| 8 | | (e) Any changes in threatened or endangered species | 9 | | inventory T/E permit numbers for herptiles by current, | 10 | | existing Herptile Endangered and Threatened Species | 11 | | Propagation permit holders shall be reported to the Department | 12 | | in writing no later than the first business day after that | 13 | | change occurred. Applications for permits to possess and take | 14 | | herptiles shall be reviewed by the Department as provided by | 15 | | this Act or administrative rule. Requests for permits by any | 16 | | resident acquiring a T/E species who is not permitted shall | 17 | | not be issued after-the-fact.
| 18 | | (f) (Blank). Annual reports are due by January 31 of each | 19 | | year for the preceding year's activities. Failure to submit | 20 | | the annual report by the due date shall result in a permit | 21 | | violation.
| 22 | | (g) (Blank). An annual fee for herptile T/E species | 23 | | permits, per permittee, shall be set by administrative rule.
| 24 | | All fees for herptile T/E species permits shall be deposited | 25 | | into the Wildlife Preservation Fund. | 26 | | (h) (Blank). Procedures for acquisition, breeding, and |
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| 1 | | sales of T/E herptile species shall be set forth in | 2 | | administrative rule.
| 3 | | (i) (Blank). Record keeping requirements for T/E herptile | 4 | | species shall be set forth in administrative rule.
| 5 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 6 | | (510 ILCS 68/5-30)
| 7 | | Sec. 5-30. Taking of turtles or bullfrogs; illegal | 8 | | devices. | 9 | | (a) No person shall take turtles or bullfrogs by | 10 | | commercial fishing devices, including dip nets, hoop nets, | 11 | | traps, or seines, or by the use of firearms, airguns, or gas | 12 | | guns. Turtles or bullfrogs may be taken only by methods set | 13 | | forth in administrative rule hand or means of hook and line . | 14 | | (b) Bullfrog; common snapping turtle; open season. | 15 | | (1) All persons individuals taking bullfrogs shall | 16 | | possess a valid sport fishing license issued under Article | 17 | | 20 of the Fish and Aquatic Life Code and may take bullfrogs | 18 | | only during the open season to be specified by | 19 | | administrative rule. Bullfrogs may only be taken by hook | 20 | | and line, gig, pitchfork, spear, bow and arrow, hand, or | 21 | | landing net.
| 22 | | (2) The daily catch limit and total possession limit | 23 | | for all properly licensed persons shall be specified by | 24 | | administrative rule.
| 25 | | (3) All persons taking common snapping turtles shall |
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| 1 | | possess a valid sport fishing license issued under Article | 2 | | 20 of the Fish and Aquatic Life Code and may take common | 3 | | snapping turtles only during the open season to be | 4 | | specified by administrative rule. Common snapping turtles | 5 | | (Chelydra serpentina) may be taken only by methods set | 6 | | forth in administrative rule hand, hook and line, or bow | 7 | | and arrow , except in the counties listed in administrative | 8 | | rule Section 5-35 where bowfishing for common snapping | 9 | | turtles is not allowed.
| 10 | | (4) The daily catch limit and total possession limit | 11 | | for all properly licensed persons shall be specified by | 12 | | administrative rule. | 13 | | (c) (Blank). The alligator snapping turtle (Macrochelys | 14 | | temminckii) is protected and may not be taken by any method | 15 | | including, but not limited to, any sport fishing method.
| 16 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 17 | | (510 ILCS 68/5-35)
| 18 | | Sec. 5-35. Areas closed to the taking of reptiles and | 19 | | amphibians. | 20 | | (a) Unless otherwise allowed under the provisions of this | 21 | | Act by law or administrative rule, the taking of herptiles | 22 | | reptiles and amphibians at any time and by any method is | 23 | | prohibited in the following areas:
| 24 | | The LaRue-Pine Hills or Otter Pond Research Natural Area | 25 | | in Union County. The closed area shall include the |
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| 1 | | Research Natural Area as designated by the U.S. Forest | 2 | | Service and the right-of-way of Forest Road 345 with | 3 | | Forest Road 236 to the intersection of Forest Road 345 | 4 | | with the Missouri Pacific railroad tracks. Unless | 5 | | otherwise authorized, possession of any collecting | 6 | | equipment is prohibited within the closed area.
| 7 | | (b) For the protection and preservation of any herptile | 8 | | taxa, the Department may close any area to prevent the taking, | 9 | | collecting, or killing of herptiles. The Department may close | 10 | | an area for purposes that include the biological significance | 11 | | or importance of a species or location or for the prevention, | 12 | | containment, or treatment of disease. The Department shall | 13 | | adopt procedures for the closure of an area by administrative | 14 | | rule. In the following counties bowfishing for common snapping | 15 | | turtles is not permitted: Randolph, Perry, Franklin, Hamilton, | 16 | | White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, | 17 | | Pope, Hardin, Massac, Pulaski, and Alexander, or in any | 18 | | additional counties added through administrative rule.
| 19 | | (c) (Blank). Collection of wild turtles for races or other | 20 | | types of events involving congregating and gathering numbers | 21 | | of wild turtles is prohibited in counties where ranavirus has | 22 | | been documented. Inclusion on the county list shall be | 23 | | determined by rule.
| 24 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 25 | | (510 ILCS 68/10-40)
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| 1 | | Sec. 10-40. Additional regulations. Venomous reptiles | 2 | | shall not be bred, sold, or offered for sale within this State. | 3 | | The Department may approve limited transfers among existing | 4 | | permittees as set forth in administrative rule at the sole | 5 | | discretion of the Department . | 6 | | As determined by the Department, non-residents may apply | 7 | | for a permit not to exceed 15 consecutive days to use venomous | 8 | | reptiles in bona fide educational programs. The fee for the | 9 | | permit shall be set by administrative rule, and all fees shall | 10 | | be deposited into the Wildlife Preservation and Fish Fund.
| 11 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 12 | | (510 ILCS 68/15-5)
| 13 | | Sec. 15-5. Boas, pythons, and anacondas. Unless contrary | 14 | | to any other law or rule, nothing Nothing shall prohibit | 15 | | lawfully acquired possession of any of the Boidae family, such | 16 | | as boas, pythons, and anacondas, provided captive maintenance | 17 | | requirements from the Department as set forth in this Act are | 18 | | met. All boas, pythons, and anacondas referenced in this Act | 19 | | are exempt from the permit process, associated annual fee, and | 20 | | liability insurance coverage.
| 21 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 22 | | (510 ILCS 68/20-30)
| 23 | | Sec. 20-30. Additional regulations. Crocodilians shall not | 24 | | be bred, sold, or offered for sale within this State. However, |
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| 1 | | the Department may approve, by rule, limited
transfers among | 2 | | existing permittees. | 3 | | As determined by the Department through administrative | 4 | | rule , non-residents may apply for a permit not to exceed 15 | 5 | | consecutive days to use crocodilians in bona fide educational | 6 | | programs. The fee for this permit shall be set by | 7 | | administrative rule, and all fees shall be deposited into the | 8 | | Wildlife Preservation and Fish Fund.
| 9 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 10 | | (510 ILCS 68/25-5)
| 11 | | Sec. 25-5. Monitor lizards. "Monitor lizards" means the | 12 | | following members of the Varanidae family, specifically | 13 | | crocodile monitors and as well as Komodo dragons.
| 14 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 15 | | (510 ILCS 68/25-30)
| 16 | | Sec. 25-30. Additional regulations. Monitor lizards shall | 17 | | not be bred, sold, or offered for sale within this State.
| 18 | | However, the Department may approve, by rule, limited | 19 | | transfers among existing permittees. | 20 | | As determined by the Department, non-residents may apply | 21 | | for a permit not to exceed 15 consecutive days to use monitor | 22 | | lizards in bona fide educational programs. The fee for the | 23 | | permit shall be set by administrative rule, and all fees shall | 24 | | be deposited into the Wildlife Preservation and Fish Fund.
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| 1 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 2 | | (510 ILCS 68/30-10)
| 3 | | Sec. 30-10. Turtle collection. Collection of wild turtles | 4 | | for races or other types of events involving congregating and | 5 | | gathering numbers of wild turtles is prohibited in counties | 6 | | where ranavirus has been documented. Inclusion on the county | 7 | | list shall be determined by administrative rule.
| 8 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 9 | | (510 ILCS 68/35-5)
| 10 | | Sec. 35-5. Amphibians. For the purposes of this Section, | 11 | | "amphibians" means those medically significant poisonous | 12 | | amphibians capable of causing bodily harm to humans or | 13 | | animals, including, but not limited to, cane or marine toads | 14 | | (Bufo marinus) and Colorado river toads (Bufo alvarius), or | 15 | | any other amphibian found to be medically significant and | 16 | | listed in administrative rule. Amphibians defined in this | 17 | | Section shall only be allowed for bona fide educational | 18 | | purposes or research purposes by bona fide scientific or | 19 | | educational exempted institutions. | 20 | | Poison dart frogs bred and raised in captivity shall be | 21 | | exempt from the permit process.
| 22 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 23 | | (510 ILCS 68/40-5)
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| 1 | | Sec. 40-5. Permit issuance. Herptile Scientific Collection | 2 | | permits may be granted by the Department under administrative | 3 | | rule , in its sole discretion, to any properly accredited | 4 | | person at least 18 years of age, permitting the capture, | 5 | | marking, handling, banding, or collecting (including hide, | 6 | | skin, bones, teeth, claws, nests, eggs, or young), for | 7 | | strictly scientific purposes, of any of the herptiles not | 8 | | listed as endangered or threatened but now protected under | 9 | | this Act. A Herptile Scientific Collection permit may be | 10 | | granted under administrative rule to qualified individuals for | 11 | | purpose of salvaging dead, sick, or injured herptiles not | 12 | | listed as endangered or threatened but protected by this Act | 13 | | for permanent donation to bona fide public or state | 14 | | scientific, educational, or zoological institutions. | 15 | | Collecting herptiles on public lands shall require additional | 16 | | permits.
| 17 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 18 | | (510 ILCS 68/40-10)
| 19 | | Sec. 40-10. Permit requirements. The criteria and | 20 | | standards for a Herptile Scientific Collection permit shall be | 21 | | provided by administrative rule. The Department shall set | 22 | | forth applicable rules covering qualifications and facilities | 23 | | needed to obtain a permit. Disposition of herptiles taken | 24 | | under the authority of this Article shall be specified by the | 25 | | Department. The holder of each permit shall make to the |
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| 1 | | Department a report in writing upon forms furnished by the | 2 | | Department as provided by administrative rule . These reports | 3 | | shall be made (i) annually if the permit is granted for a | 4 | | period of one year or (ii) within 30 days after the expiration | 5 | | of the permit if the permit is granted for a period of less | 6 | | than one year. These reports shall include all information | 7 | | that is required by the Department considers necessary .
| 8 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 9 | | (510 ILCS 68/45-5)
| 10 | | Sec. 45-5. Permit application and fees. An applicant for a | 11 | | Herptile Scientific Collection permit must file an application | 12 | | with the Department on a form provided by the Department. The | 13 | | application must include all information and requirements as | 14 | | set by administrative rule. The application for these permits | 15 | | shall be reviewed by the Department to determine if a permit | 16 | | should be issued.
| 17 | | Unless addressed or exempted by administrative rule, | 18 | | annual permit renewal must be accompanied by non-refundable | 19 | | fee as set by the Department. The annual fee for a Herptile | 20 | | Scientific Collection permit shall be set by administrative | 21 | | rule. The Department shall adopt, by administrative rule, any | 22 | | additional procedures for the renewal of a Herptile Scientific | 23 | | Collection permit. All fees shall be deposited into the Fish | 24 | | and Preservation Wildlife Fund.
| 25 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | (510 ILCS 68/50-5)
| 2 | | Sec. 50-5. Permit issuance. Any person or business who | 3 | | engages in herpetoculture, the the breeding, hatching, | 4 | | propagation, sale, or the offer for sale of any indigenous | 5 | | herptile, regardless of origin, shall procure a Herpetoculture | 6 | | permit from the Department. Herptiles for which a | 7 | | Herpetoculture permit is issued or that specified, which are | 8 | | bred, hatched, propagated, or legally obtained by a person or | 9 | | business holding a Herpetoculture permit as provided for in | 10 | | this Article, may be transported and sold or offered for sale | 11 | | within this State. Indigenous herptile herp taxa collected | 12 | | from the wild in this State shall not be bred unless otherwise | 13 | | authorized by this Act or administrative rule the Department | 14 | | for research or recovery purposes .
| 15 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 16 | | (510 ILCS 68/50-10)
| 17 | | Sec. 50-10. Permit requirements. Herpetoculture permit | 18 | | holders shall maintain written records of all herptiles | 19 | | possessed, indigenous to this State bought, sold, hatched, | 20 | | propagated, sold, or shipped and that are indigenous to this | 21 | | State for a minimum of 2 years after the date of the | 22 | | transaction and shall be made immediately available to | 23 | | authorized employees of the Department upon request. These | 24 | | records shall include the name and address of the buyer and |
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| 1 | | seller, the appropriate permit number of the buyer and seller, | 2 | | the date of the transaction, the species name (both common and | 3 | | scientific), and the origin of herptile involved. Records of | 4 | | the annual operations, as may be required by the Department, | 5 | | shall be forwarded to the Department upon request.
| 6 | | The criteria and standards for a Herpetoculture permit | 7 | | shall be provided by administrative rule. The Department shall | 8 | | set forth applicable rules, including a list of herptiles | 9 | | indigenous to this State.
| 10 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 11 | | (510 ILCS 68/55-5)
| 12 | | Sec. 55-5. Permit application and fees. An applicant for | 13 | | a Herpetoculture permit must file an application with the | 14 | | Department on a form provided by the Department. The | 15 | | application must include all information and requirements as | 16 | | set forth by administrative rule. The application for these | 17 | | permits shall be reviewed by the Department to determine if a | 18 | | permit will should be issued.
| 19 | | An Unless addressed or exempted by administrative rule, | 20 | | annual permit renewal must be accompanied by a non-refundable | 21 | | fee as set by the Department. The annual fee for a residential | 22 | | Herpetoculture permit shall be set by administrative rule. The | 23 | | Department shall adopt, by administrative rule, any additional | 24 | | procedures for the renewal of a Herpetoculture permit. All | 25 | | fees shall be deposited into the Wildlife Preservation Fund |
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| 1 | | and Fish Fund .
| 2 | | As determined by administrative rule the Department , | 3 | | non-residents may apply for a permit not to exceed 15 | 4 | | consecutive days to commercialize herptiles indigenous to this | 5 | | State as outlined in this Article. The application, | 6 | | procedures, and The fee for the permit and permit renewal | 7 | | shall be set by administrative rule, and all fees shall be | 8 | | deposited into the Wildlife Preservation and Fish Fund.
| 9 | | The Department shall adopt, by administrative rule, | 10 | | additional procedures for the renewal of annual Herpetoculture | 11 | | permits.
| 12 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 13 | | (510 ILCS 68/55-10)
| 14 | | Sec. 55-10. Additional regulations. Nothing in Articles | 15 | | 50 and 55 shall be construed to give permittees authority to | 16 | | breed, hatch, propagate, sell, offer for sale, or otherwise | 17 | | commercialize any herptile or parts thereof from herptiles | 18 | | indigenous to this State, either partially or in whole, that | 19 | | originate from the wild in this State.
| 20 | | Any offspring resulting from the breeding of herptiles | 21 | | where one parent has been taken from the wild in this State and | 22 | | the other parent from non-Illinois stock or captive bred stock | 23 | | may not be legally sold or otherwise commercialized and shall | 24 | | be treated as indigenous or native Illinois herptile herp taxa | 25 | | subject to Article 5 of this Act.
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| 1 | | Color or pattern variations (morphs) of any herptile | 2 | | indigenous to this State are not exempt from this Article.
| 3 | | Due to the similarity of appearance (S/A) of certain | 4 | | intergrade or hybrid specimens, the Department retains the | 5 | | authority to enforce any and all provisions under this Act. | 6 | | Specimens determined by the Department, or its agents, to fit | 7 | | into this S/A category shall receive all benefits of this Act, | 8 | | as well as the Illinois Endangered Species Protection Act if | 9 | | applicable.
| 10 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 11 | | (510 ILCS 68/55-15 new) | 12 | | Sec. 55-15. Intergrade, hybrid,
or
morphological
| 13 | | variation. The Department shall have the authority to enforce | 14 | | any and all provisions under this Act with respect to an | 15 | | intergrade, hybrid, or morphological variation of a species | 16 | | protected under this Act or administrative rule. Any | 17 | | intergrade or hybrid specimen of a species protected under | 18 | | this Act shall have the same protections that any herptile | 19 | | parent of the intergrade or hybrid specimen has under this Act | 20 | | or administrative rule. The Department may adopt | 21 | | administrative rules for the regulation and administration of | 22 | | intergrade, hybrid, or morphological variations of herptiles. | 23 | | Any offspring resulting from the breeding of herptiles in | 24 | | which one herptile parent has been taken from the wild in this | 25 | | State and the other parent is from non-Illinois stock or
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| 1 | | captive bred stock may not be legally sold or otherwise | 2 | | commercialized and shall be treated as indigenous or native | 3 | | Illinois herptile taxa subject to Article 5 of this Act. | 4 | | Morphological variety relating to color or pattern | 5 | | variations that are different from the normal, wild-type | 6 | | coloration or pattern of any herptile indigenous to this State | 7 | | or listed as a threatened or endangered species in the | 8 | | Illinois Endangered Species Protection Act shall be treated as | 9 | | indigenous or native Illinois herptile taxa subject to this | 10 | | Act. | 11 | | (510 ILCS 68/60-5)
| 12 | | Sec. 60-5. Permit requirements. Prior to any person | 13 | | obtaining a Herptile Special Use permit, the following | 14 | | criteria must be met:
| 15 | | (1) the person was in legal possession and is the | 16 | | legal possessor of the herptile prior to the effective | 17 | | date of this Act and the person applies for and is granted | 18 | | a Personal Possession permit for each special use herptile | 19 | | in the person's possession within 30 days after the | 20 | | enactment of this Act; or
| 21 | | (2) prior to acquiring a Herptile Special Use permit, | 22 | | the person must provide the name, address, date of birth, | 23 | | permit number, telephone number of the possessor, type or | 24 | | species, and the date the herptile is to be acquired.
| 25 | | The applicant must comply with all requirements of this |
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| 1 | | Act and the rules adopted by the Department to obtain a | 2 | | Herptile Special Use permit. Prior to the issuance of the | 3 | | Herptile Special Use permit, the applicant must provide proof | 4 | | of liability insurance or surety bond, either individually, or | 5 | | in the name of the entity engaged in giving the bona fide | 6 | | educational programs, in the amount of $100,000 for each | 7 | | special use herptile up to a maximum of $1,000,000 and the | 8 | | insurance or surety bond is to be maintained during the term of | 9 | | the permit for liability for any incident arising out of or | 10 | | relating to the special use herptile.
| 11 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 12 | | (510 ILCS 68/65-5)
| 13 | | Sec. 65-5. Permit application and fees. An applicant for a | 14 | | Herptile Special Use permit must file an application with the | 15 | | Department on a form provided by the Department. The | 16 | | application must include all information and requirements as | 17 | | set forth by administrative rule.
| 18 | | The annual fee for a residential Herptile Special Use | 19 | | permit shall be set by administrative rule on a per person | 20 | | basis . The Herptile Special Use permit shall not be based on | 21 | | the number of special use herptile kept by an owner or | 22 | | possessor. All fees shall be deposited into the Wildlife | 23 | | Preservation and Fish Fund.
| 24 | | The Department shall adopt, by administrative rule, | 25 | | procedures for the renewal of annual Herptile Special Use |
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| 1 | | permits. | 2 | | Any person possessing and in legal possession of a special | 3 | | use herptile as stipulated in this Article that no longer | 4 | | wishes to keep the herptile may be assisted by the Department, | 5 | | at no charge to them and without prosecution, to place the | 6 | | special use herptile in a new home, within 30 days after the | 7 | | effective date of this Act. | 8 | | The Department may issue a Limited Entry permit to an | 9 | | applicant who: (i) is not a resident of this State; (ii) | 10 | | complies with the requirements of this Act and all rules | 11 | | adopted by the Department under the authority of this Act; | 12 | | (iii) provides proof to the Department that he or she shall, | 13 | | during the permit term, maintain sufficient liability | 14 | | insurance coverage; (iv) pays to the Department, along with | 15 | | each application for a Limited Entry permit, a non-refundable | 16 | | fee as set by administrative rule, which the Department shall | 17 | | deposit into the Wildlife Preservation and Fish Fund; and (v) | 18 | | uses the herptile for an activity authorized in the Limited | 19 | | Entry permit. A Limited Entry permit shall be valid for not | 20 | | more than 15 30 consecutive days unless extended by the | 21 | | Department, however, no extension shall be longer than 15 | 22 | | days .
The application, review, and procedures to obtain or | 23 | | renew a Limited Entry permit shall be set by administrative | 24 | | rule.
| 25 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | (510 ILCS 68/70-5)
| 2 | | Sec. 70-5. Suspension of privileges and revocation of | 3 | | permits. A person who does not hold a Herptile Special Use | 4 | | permit or Limited Entry permit and who violates a provision of | 5 | | this Act or an administrative rule authorized under this Act | 6 | | shall have his or her privileges under this Act suspended for a | 7 | | period to be set by administrative rule. up to 5 years after | 8 | | the date that he or she is in violation of an initial offense, | 9 | | for up to 10 years after the date that he or she is in | 10 | | violation of a second offense, and for life for a third or | 11 | | subsequent offense.
Department suspensions and revocations | 12 | | shall be addressed by administrative rule. | 13 | | A person who holds a Herptile Special Use permit or | 14 | | Limited Entry permit and who violates the provisions of this | 15 | | Act shall have his or her permit revoked and permit privileges | 16 | | under this Act suspended for a period to be set by | 17 | | administrative rule. of up to 2 years after the date that he or | 18 | | she is found guilty of an initial offense, for up to 10 years | 19 | | after the date that he or she is found guilty of a second | 20 | | offense, and for life for a third offense.
Department | 21 | | suspensions and revocations shall be addressed by | 22 | | administrative rule. | 23 | | A person whose privileges or permit to possess a special | 24 | | use herptile have been suspended or permit revoked may appeal | 25 | | that decision in accordance with the provisions set forth in | 26 | | administrative rule.
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| 1 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 2 | | (510 ILCS 68/80-5)
| 3 | | Sec. 80-5. Injury to a member of public by special use | 4 | | herptiles. A person who possesses a special use herptile | 5 | | without complying with the requirements of this Act and the | 6 | | rules adopted under the authority of this Act and whose | 7 | | special use herptile causes bodily harm to harms a person when | 8 | | the possessor knew or should have known that the herptile had a | 9 | | propensity, when provoked or unprovoked, to harm, cause injury | 10 | | to, or otherwise substantially endanger a member of the public | 11 | | is guilty of a Class A misdemeanor. A person who possesses a | 12 | | special use herptile without complying with the requirements | 13 | | of this Act and the rules adopted under the authority of this | 14 | | Act and whose special use herptile causes great bodily harm or | 15 | | death to a person when the possessor knew or should have known | 16 | | that the herptile had a propensity, when provoked or | 17 | | unprovoked, to harm, cause injury to, or otherwise | 18 | | substantially endanger a member of the public A person who | 19 | | fails to comply with the provisions of this Act and the rules | 20 | | adopted under the authority of this Act and who intentionally | 21 | | or knowingly allows a special use herptile to cause great | 22 | | bodily harm to, or the death of, a human is guilty of a Class 4 | 23 | | felony.
| 24 | | (Source: P.A. 98-752, eff. 1-1-15; 99-642, eff. 7-28-16.) |
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| 1 | | (510 ILCS 68/Art. 87 heading new) | 2 | | ARTICLE 87. HERPTILE DISEASES | 3 | | (510 ILCS 68/87-5 new) | 4 | | Sec. 87-5. Herptile diseases. The Department may | 5 | | investigate, in conjunction with a licensed veterinarian, the | 6 | | transmission or potential transmission of any disease in a | 7 | | natural or captive population of an amphibian or reptile | 8 | | species. The Department may promulgate administrative rules to | 9 | | identify specific herptile diseases, pathogens, or fungi, as | 10 | | well as treatment and caretaking requirements. Any herptile | 11 | | harboring a disease, pathogen, or fungus specified in | 12 | | administrative rule may be subject to confiscation and | 13 | | forfeiture. A licensed veterinarian shall notify the | 14 | | Department under administrative rule after the discovery of a | 15 | | herptile that is harboring a disease, pathogen, or fungus | 16 | | specified in administrative rule. | 17 | | (510 ILCS 68/87-10 new) | 18 | | Sec. 87-10. Possession of a disease carrying herptile. | 19 | | (a) Upon discovery that a herptile is harboring a disease,
| 20 | | pathogen, or fungus specified in administrative rule, the | 21 | | owner or person in possession of the herptile shall notify the | 22 | | Department under administrative rule. | 23 | | (b) An owner or person in possession of a herptile that he | 24 | | or she knows or reasonably should know is harboring a disease, |
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| 1 | | pathogen, or fungus specified in administrative rule shall | 2 | | comply with all administrative rules
regarding the treatment | 3 | | and caretaking requirements. | 4 | | (c) A violation of this Section is a Class C misdemeanor. | 5 | | (510 ILCS 68/90-5)
| 6 | | Sec. 90-5. Penalties. | 7 | | (a) Unless otherwise stated in this Act, a violation of | 8 | | this Act is a Class A misdemeanor. | 9 | | (b) A person who violates Article 85 of this Act is guilty | 10 | | of a Class A misdemeanor for a first offense and a Class 4 | 11 | | felony for a second or subsequent offense occurring within one | 12 | | year after a finding of guilt on a first offense . | 13 | | (c) A person who violates Article 75 of this Act is guilty | 14 | | of a Class B misdemeanor. A violation of the record keeping | 15 | | requirement for each individual special use herptile Each day | 16 | | of a violation constitutes a separate offense. Any other | 17 | | violation of this Act is a Class A misdemeanor unless | 18 | | otherwise stated. | 19 | | (d) Any person who takes, possesses, captures, kills, or | 20 | | disposes of any herptile protected under this Act in violation | 21 | | of this Act is guilty of a Class B misdemeanor unless otherwise | 22 | | stated in this Act. | 23 | | (e) All fines and penalties collected under the authority | 24 | | of this Act or its administrative rules shall be deposited | 25 | | into the Wildlife Preservation and Fish Fund.
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| 1 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 2 | | (510 ILCS 68/90-10 new) | 3 | | Sec. 90-10. Commercial purposes; offenses. | 4 | | (a) Unless otherwise provided in this Act, any person who | 5 | | for profit or commercial purposes knowingly captures, kills, | 6 | | possesses, offers for sale, sells, offers to barter, barters, | 7 | | offers to purchase, purchases, delivers for shipment, ships, | 8 | | exports, imports, causes to be shipped, exported, or imported, | 9 | | delivers for transportation, transports, or causes to be | 10 | | transported, carries or causes to be carried, or receives for | 11 | | shipment, transportation, carriage, or export any herptile | 12 | | taxa, in whole or in part, protected under this Act and the | 13 | | financial value of that herptile, in whole or in part, is | 14 | | valued: | 15 | | (1) at or in excess of a total of $300 as calculated | 16 | | according to the applicable provisions under paragraphs | 17 | | (1), (2), (3), and (4) of subsection (a) in Section 105-95 | 18 | | of this Act is guilty of a Class 3 felony; or | 19 | | (2) less than the total of $300 as calculated | 20 | | according to the applicable provisions under paragraphs | 21 | | (1), (2), (3), and (4) of subsection (a) in Section 105-95 | 22 | | of this Act is guilty of a Class A misdemeanor. A second or | 23 | | subsequent violation is a Class 4 felony. | 24 | | (b) The possession of any herptile, in whole or in part, | 25 | | captured or killed in violation of this Act that is valued at |
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| 1 | | or in excess of $600 under the provisions in subsection (b) of | 2 | | Section 105-95 of this Act shall be considered prima facie | 3 | | evidence of possession for profit or commercial purposes. | 4 | | (510 ILCS 68/95-5)
| 5 | | Sec. 95-5. Assumption of risk. Each person who owns, | 6 | | possesses, or keeps a herptile expressly assumes the risk of | 7 | | and legal responsibility for injury, loss, or damage to the | 8 | | person or the person's property that results from the | 9 | | ownership, possession, or keeping, of the herptile. Each | 10 | | owner, keeper, or possessor of a herptile shall be solely | 11 | | liable to manage, care for, and control a particular herptile | 12 | | species, and it shall be the duty of each owner, keeper, or | 13 | | possessor, to maintain reasonable control of the particular | 14 | | herptile at all times, and to refrain from acting in a manner | 15 | | that may cause or contribute to the injury of person, whether | 16 | | in public or on private property.
| 17 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 18 | | (510 ILCS 68/95-10)
| 19 | | Sec. 95-10. Civil liability and immunity. If any herptile | 20 | | escapes or is released, the owner and possessor of the | 21 | | herptile shall be strictly liable for all costs incurred in | 22 | | apprehending and confining the herptile, including any | 23 | | injuries incurred to humans or damage to property, both real | 24 | | and personal, including pets and livestock, and the owner |
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| 1 | | shall indemnify any animal control officer, police officer, or | 2 | | Department employee acting in his or her official capacity to | 3 | | capture or control an escaped herptile.
| 4 | | The owner, keeper, or possessor of a herptile that escapes | 5 | | captivity or is released an escaped herptile shall be liable | 6 | | solely responsible for any and all damages and costs to any | 7 | | person or property liabilities arising out of or in connection | 8 | | with the escape or release of any herptile . Liability | 9 | | includes, but is not limited to, including liability for any | 10 | | damage, injury, or death caused by or to the herptile during or | 11 | | after the herptile's escape or release or as a result of the | 12 | | apprehension or confinement of the herptile after its escape | 13 | | or release. In addition, the owner, keeper, or possessor of an | 14 | | escaped herptile shall be solely responsible and shall | 15 | | indemnify for any and all costs , damages, or medical expenses | 16 | | incurred by an animal control officer, police officer, or | 17 | | Department employee acting in his or her official capacity to | 18 | | capture or control an escaped herptile. | 19 | | A licensed veterinarian who may have cause to treat a | 20 | | special use herptile that is in violation of this Act shall not | 21 | | be held liable, except for willful and wanton misconduct, | 22 | | under this Act provided that the veterinarian (i) promptly | 23 | | reports violations of this Act of which he or she has knowledge | 24 | | to a law enforcement agency within 24 hours after becoming | 25 | | aware of the incident; (ii) provides the name, address, and | 26 | | phone number of the person possessing the special use herptile |
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| 1 | | at time of incident or treatment; (iii) provides the name and | 2 | | address of the owner of the special use herptile if known; (iv) | 3 | | identifies the kind and number of special use herptiles being | 4 | | treated; and (v) describes the reason for the treatment of the | 5 | | special use herptile.
| 6 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 7 | | (510 ILCS 68/100-5)
| 8 | | Sec. 100-5. Prima facie evidence; confiscation. The | 9 | | possession of any reptile or amphibian life or any herptile, | 10 | | special use herptile, or part of any herptile or special use | 11 | | herptile reptile or amphibian life protected under this Act is | 12 | | prima facie evidence that the herptile or special use herptile | 13 | | reptile or amphibian life or any part of reptile or amphibian | 14 | | life is subject to the provisions of this Act, including | 15 | | administrative rules. | 16 | | Whenever the contents of any box, barrel, package, or | 17 | | receptacle consists partly of contraband and partly of a | 18 | | legally possessed or shipped herptile or special use herptile | 19 | | legal reptile or amphibian life or any part of a legally | 20 | | possessed or shipped herptile or special use herptile reptile | 21 | | or amphibian life , the entire contents of the box, barrel, or | 22 | | package, or other receptacle are subject to confiscation. | 23 | | Whenever a person has in his or her possession in excess of | 24 | | the number of herptiles or special use herptiles reptile or | 25 | | amphibian life or any parts of herptiles or special use |
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| 1 | | herptiles reptile or amphibian life permitted under this Act, | 2 | | including administrative rules, the entire number of herptiles | 3 | | or special use herptiles reptile or amphibian life or any | 4 | | parts of herptiles or special use herptiles reptile or | 5 | | amphibian life in his or her possession is subject to | 6 | | confiscation , seizure, or forfeiture .
| 7 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 8 | | (510 ILCS 68/100-10)
| 9 | | Sec. 100-10. Search and seizure. Whenever any authorized | 10 | | employee of the Department, sheriff, deputy sheriff, or other | 11 | | peace office of the State has reason to believe that any | 12 | | person, owner, possessor, commercial institution, pet store, | 13 | | or reptile show vendor or attendee possesses any herptile | 14 | | reptile or amphibian life or any part or parts of a herptile | 15 | | reptile or amphibian life contrary to the provisions of this | 16 | | Act, including administrative rules, he or she may file, or | 17 | | cause to be filed, a sworn complaint to that effect before the | 18 | | circuit court and procure and execute a search warrant. Upon | 19 | | execution of the search warrant, the officer executing the | 20 | | search warrant shall make due return of the search warrant to | 21 | | the court issuing the search warrant, together with an | 22 | | inventory of all the herptiles reptile or amphibian life or | 23 | | any part or parts of a herptile reptile or amphibian life taken | 24 | | under the search warrant. The court shall then issue process | 25 | | against the party owning, controlling, or transporting the |
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| 1 | | herptile reptile or amphibian life or any part of a herptile | 2 | | reptile or amphibian life seized, and upon its return shall | 3 | | proceed to determine whether or not the herptile reptile or | 4 | | amphibian life or any part or parts of a herptile were reptile | 5 | | or amphibian life was held, possessed, or transported in | 6 | | violation of this Act, including administrative rules. In case | 7 | | of a finding that a herptile the reptile or amphibian life was | 8 | | illegally held, possessed, transported, or sold, a judgment | 9 | | shall be entered against the owner or party found in | 10 | | possession of the herptile reptile or amphibian life or any | 11 | | part or parts of a herptile reptile or amphibian life for the | 12 | | costs of the proceeding and providing for the disposition of | 13 | | the property seized, as provided for by this Act.
| 14 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 15 | | (510 ILCS 68/100-15)
| 16 | | Sec. 100-15. Seizure and forfeiture. If any person is | 17 | | found to possess a special use herptile that is in violation of | 18 | | this Act, including any administrative rules, then the special | 19 | | use herptile and any equipment or items used contrary to this | 20 | | Act shall be subject to seizure and forfeiture by the | 21 | | Department under Section 100-10 . Any special use herptile | 22 | | seized in violation of this Act may immediately be placed in a | 23 | | facility approved by the Department. | 24 | | If a person's special use herptile has been seized by the | 25 | | Department, then the owner and possessor of the special use |
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| 1 | | herptile is liable for the reasonable costs associated with | 2 | | the seizure, placement, testing, and care for the special use | 3 | | herptile from the time of confiscation until the time the | 4 | | special use herptile is relocated to an approved facility or | 5 | | person holding a valid Herptile Special Use permit or is | 6 | | otherwise disposed of by the Department. | 7 | | Any special use herptile and related items found abandoned | 8 | | shall become the property of the Department and disposed of | 9 | | according to Department rule. | 10 | | The circuit court, in addition to any other penalty, may | 11 | | award any seized or confiscated special use herptiles or items | 12 | | to the Department as provided for in Section 1-215 of the Fish | 13 | | and Aquatic Life Code and Section 1.25 of the Wildlife Code . | 14 | | The circuit Further, the court, in addition to any other | 15 | | penalty, may assess a fee upon a person who pleads guilty to | 16 | | the provisions of this Act equal to the amount established or | 17 | | determined to maintain the special use herptile until it is | 18 | | permanently placed in a facility approved by the Department or | 19 | | otherwise disposed of.
| 20 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 21 | | (510 ILCS 68/105-10)
| 22 | | Sec. 105-10. Conservation of herptiles reptiles and | 23 | | amphibians . The Department shall take all measures necessary | 24 | | for the conservation, distribution, introduction, and | 25 | | restoration of herptiles reptiles and amphibians . The |
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| 1 | | Department shall also bring or cause to be brought actions and | 2 | | proceedings, in the name and by the authority of the People of | 3 | | the State of Illinois, to enforce this Act, including | 4 | | administrative rules, and to recover any and all fines and | 5 | | penalties provided for in this Act. Nothing in this Act shall | 6 | | be construed to authorize the Department to change any penalty | 7 | | prescribed by law or to change the amount of license fees or | 8 | | the authority conferred by licenses prescribed by law. The | 9 | | Department is authorized to cooperate with the appropriate | 10 | | Departments of the federal government and other Departments or | 11 | | agencies of State government and educational institutions in | 12 | | conducting surveys, experiments, or work of joint interest or | 13 | | benefit.
| 14 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 15 | | (510 ILCS 68/105-30)
| 16 | | Sec. 105-30. Statute of limitations. All prosecutions | 17 | | under this Act shall be commenced within 3 years after the | 18 | | commission of the offense if it is a felony, or within one year | 19 | | and 6 months after its commission if it is a misdemeanor 2 | 20 | | years after the time the offense charged was committed .
| 21 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 22 | | (510 ILCS 68/105-35)
| 23 | | Sec. 105-35. Collection of fines. All fines provided for | 24 | | by this Act shall be collected and remitted to the |
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| 1 | | Department's Wildlife Preservation and Fish Fund, within 30 | 2 | | days after the collection of the fine, by the clerk of the | 3 | | circuit court collecting the fines who shall submit at the | 4 | | same time to the Department a statement of the names of the | 5 | | persons so fined and the name of the arresting officer, the | 6 | | offense committed, the amount of the fine, and the date of the | 7 | | conviction.
| 8 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 9 | | (510 ILCS 68/105-40)
| 10 | | Sec. 105-40. Power of entry and examination; access to | 11 | | lands and waters. Authorized employees of the Department are | 12 | | empowered, under law, to enter all lands and waters to enforce | 13 | | the provisions of this Act. Authorized employees are further | 14 | | empowered to examine all buildings, private or public clubs | 15 | | (except dwellings), fish markets, cold storage houses, locker | 16 | | plants, reptile shows, pet stores, camps, vessels, cars | 17 | | (except sealed railroad cars or other sealed common carriers), | 18 | | conveyances, vehicles, watercraft, or any other means of | 19 | | transportation or shipping, tents, bags, game bags | 20 | | pillowcases, coats, jackets , or other receptacles and to open | 21 | | any box, barrel, package, or other receptacle in the | 22 | | possession of a common carrier, that they have reason to | 23 | | believe contains a herptile reptile or amphibian life or any | 24 | | part of a herptile reptile or amphibian life taken, bought, | 25 | | sold or bartered, shipped, or had in possession contrary to |
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| 1 | | this Act, including administrative rules, or that the | 2 | | receptacle containing the herptile reptile or amphibian is | 3 | | falsely labeled. | 4 | | Authorized employees of the Department shall be given free | 5 | | access to and shall not be hindered or interfered with in | 6 | | making an entry and examination and any permit issued by the | 7 | | Department that is held by the person preventing such free | 8 | | access or interfering with or hindering such authorized | 9 | | employee shall be subject to confiscation by the Department. | 10 | | The Department shall not issue any permit to a person who | 11 | | prevented free access or interfered with or hindered an | 12 | | employee . Any permit or license held by a person preventing | 13 | | free access or interfering with or hindering an employee shall | 14 | | not be issued to that person for the period of one year after | 15 | | his or her action. | 16 | | Employees of the Department, as specifically authorized by | 17 | | the Director, are empowered to enter all lands and waters for | 18 | | the purpose of herptile reptile or amphibian investigations, | 19 | | State and federal permit inspections, as well as herptile | 20 | | reptile or amphibian censuses or inventories, and are further | 21 | | empowered to conduct examination of equipment and devices in | 22 | | the field, under law, to ensure compliance with this Act.
| 23 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 24 | | (510 ILCS 68/105-55) | 25 | | Sec. 105-55. Illegal collecting devices; public nuisance. |
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| 1 | | Every collecting device, including seines, nets, traps, | 2 | | pillowcases, bags, snake hooks or tongs, or any electrical | 3 | | device or any other devices including vehicles or conveyance, | 4 | | watercraft, or aircraft used or operated illegally or | 5 | | attempted to be used or operated illegally by any person in | 6 | | taking, transporting, holding, or conveying any herptile | 7 | | reptile or amphibian life or any part or parts of a herptile of | 8 | | reptile or amphibian life , contrary to this Act, including | 9 | | administrative rules, shall be deemed a public nuisance and | 10 | | therefore illegal and subject to seizure and confiscation by | 11 | | any authorized employee of the Department. Upon the seizure of | 12 | | this item, the Department shall take and hold the item until | 13 | | disposed of as provided in this Act. | 14 | | Upon the seizure of any device because of its illegal use, | 15 | | the officer or authorized employee of the Department making | 16 | | the seizure shall, as soon as reasonably possible, cause a | 17 | | complaint to be filed before the circuit court and a summons to | 18 | | be issued requiring the owner or person in possession of the | 19 | | property to appear in court and show cause why the device | 20 | | seized should not be forfeited to the State. Upon the return of | 21 | | the summons duly served or upon posting or publication of | 22 | | notice as provided in this Act, the court shall proceed to | 23 | | determine the question of the illegality of the use of the | 24 | | seized property. Upon judgment being entered that the property | 25 | | was illegally used, an order shall be entered providing for | 26 | | the forfeiture of the seized property to the State. The owner |
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| 1 | | of the property may have a jury determine the illegality of its | 2 | | use and shall have the right of an appeal as in other civil | 3 | | cases. Confiscation or forfeiture shall not preclude or | 4 | | mitigate against prosecution and assessment of penalties | 5 | | provided in Article 90 of this Act. | 6 | | Upon seizure of any property under circumstances | 7 | | supporting a reasonable belief that the property was | 8 | | abandoned, lost, stolen, or otherwise illegally possessed or | 9 | | used contrary to this Act, except property seized during a | 10 | | search or arrest, and ultimately returned, destroyed, or | 11 | | otherwise disposed of under order of a court in accordance | 12 | | with this Act, the authorized employee of the Department shall | 13 | | make reasonable inquiry and efforts to identify and notify the | 14 | | owner or other person entitled to possession of the property | 15 | | and shall return the property after the person provides | 16 | | reasonable and satisfactory proof of his or her ownership or | 17 | | right to possession and reimburses the Department for all | 18 | | reasonable expenses of custody. If the identity or location of | 19 | | the owner or other person entitled to possession of the | 20 | | property has not been ascertained within 6 months after the | 21 | | Department obtains possession, the Department shall effectuate | 22 | | the sale of the property for cash to the highest bidder at a | 23 | | public auction. The owner or other person entitled to | 24 | | possession of the property may claim and recover possession of | 25 | | the property at any time before its sale at public auction upon | 26 | | providing reasonable and satisfactory proof of ownership or |
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| 1 | | right of possession and reimbursing the Department for all | 2 | | reasonable expenses of custody. | 3 | | Any property forfeited to the State by court order under | 4 | | this Section may be disposed of by public auction, except that | 5 | | any property that is the subject of a court order shall not be | 6 | | disposed of pending appeal of the order. The proceeds of the | 7 | | sales at auction shall be deposited in the Wildlife | 8 | | Preservation and Fish Fund. | 9 | | The Department shall pay all costs of posting or | 10 | | publication of notices required by this Section. | 11 | | Property seized or forfeited under this Section is subject | 12 | | to reporting under the Seizure and Forfeiture Reporting Act.
| 13 | | (Source: P.A. 100-512, eff. 7-1-18 .) | 14 | | (510 ILCS 68/105-60)
| 15 | | Sec. 105-60. Violations; separate offenses. Each act of | 16 | | pursuing, taking, shipping, offered or received for shipping, | 17 | | offering or receiving for shipment, transporting, buying, | 18 | | selling or bartering, or having in one's possession any | 19 | | protected herptile reptile or amphibian life or any part or | 20 | | parts of a herptile of reptile or amphibian life , seines, | 21 | | nets, bags, snake hooks or tongs, or other devices used or to | 22 | | be used in violation of this Act, including administrative | 23 | | rules, constitutes a separate offense.
| 24 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | (510 ILCS 68/105-65)
| 2 | | Sec. 105-65. Accessory to violation ; accountability . | 3 | | (a) Any person who aids in or contributes in any way to a | 4 | | violation of this Act, including administrative rules, is | 5 | | individually liable, as a separate offense under this Act, for | 6 | | the penalties imposed against the person who committed the | 7 | | violation.
| 8 | | (b) Accountability for any person who aids or contributes | 9 | | in any way to a misdemeanor or felony violation of this Act | 10 | | shall be determined according to the provisions under Section | 11 | | 5-2 of the Criminal Code of 2012. | 12 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 13 | | (510 ILCS 68/105-75)
| 14 | | Sec. 105-75. Wildlife Preservation and Fish Fund; | 15 | | disposition of money received. All fees, fines, income of | 16 | | whatever kind or nature derived from herptile reptile and | 17 | | amphibian activities regulated by this Act on lands, waters, | 18 | | or both under the jurisdiction or control of the Department | 19 | | and all penalties collected under this Act shall be deposited | 20 | | into the State treasury and shall be set apart in a special | 21 | | fund known as the Wildlife Preservation and Fish Fund.
| 22 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 23 | | (510 ILCS 68/105-80)
| 24 | | Sec. 105-80. Ownership and title of wild indigenous |
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| 1 | | reptiles and amphibians. The ownership of and title to all | 2 | | wild indigenous herptile reptile and amphibian life within the | 3 | | boundaries of the State are hereby declared to be in the State | 4 | | and no wild indigenous herptile reptile and amphibian life | 5 | | shall be taken or killed, in any manner or at any time, unless | 6 | | the person or persons taking or killing the wild indigenous | 7 | | reptile and amphibian life shall consent that the title to the | 8 | | wild indigenous herptile reptile and amphibian life shall be | 9 | | and remain in the State for the purpose of regulating the | 10 | | taking, killing, possession, use, sale, and transportation of | 11 | | wild indigenous herptile reptile and amphibian life after | 12 | | taking or killing, as set forth in this Act.
| 13 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 14 | | (510 ILCS 68/105-90)
| 15 | | Sec. 105-90. Taking on private property. It is unlawful | 16 | | for any person to take or attempt to take any species of | 17 | | reptile or amphibian, or parts thereof, within or upon the | 18 | | land of another, or upon waters flowing over or standing on the | 19 | | land of another, without first obtaining permission from the | 20 | | owner or the owner's designee. For the purposes of this | 21 | | Section, the owner's designee means anyone who the owner | 22 | | designates in a written authorization and the authorization | 23 | | must contain (i) the legal or common description of property | 24 | | for which the authority is given, (ii) the extent that the | 25 | | owner's designee is authorized to make decisions regarding who |
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| 1 | | is allowed to take or attempt to take any species of reptiles | 2 | | or amphibians, or parts thereof, and (iii) the owner's | 3 | | notarized signature. Before enforcing this Section, the law | 4 | | enforcement officer must have received notice from the owner | 5 | | or the owner's designee of a violation of this Section. | 6 | | Statements made to a law enforcement officer regarding this | 7 | | notice shall not be rendered inadmissible by the hearsay rule | 8 | | when offered for the purpose of showing the required notice. | 9 | | Any person who violates this Section shall be guilty of a Class | 10 | | B misdemeanor.
| 11 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 12 | | (510 ILCS 68/105-95)
| 13 | | Sec. 105-95. Financial value of herptiles. | 14 | | (a) For purposes of this Act, replacement cost shall be | 15 | | used to determine the financial value of the herptile species | 16 | | protected by this Act, but in no case shall the minimum value | 17 | | of any species protected under this Act be less than the | 18 | | following: For purposes of this Section, the financial value | 19 | | of all reptiles and amphibians described under this Act taken, | 20 | | possessed, or used in violation of this Act, whether in whole | 21 | | or in part, is as follows: | 22 | | (1) for processed turtle parts, $8 for each pound or | 23 | | fraction of a pound; for each non-processed turtle, $15 | 24 | | per whole turtle or fair market value, whichever is | 25 | | greater ;
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| 1 | | (2) for frogs, toads, salamanders, lizards, and | 2 | | snakes, $5 per herptile or fair market value, whichever is | 3 | | greater , in whole or in part, unless specified as a | 4 | | special use herptile; | 5 | | (3) for any special use herptile, the value shall be | 6 | | no less than $250 per special use herptile or fair market | 7 | | value, whichever is greater ; | 8 | | (4) for any endangered or threatened herptile, the | 9 | | value shall be no less than $150 per endangered or | 10 | | threatened . herptile or fair market value, whichever is | 11 | | greater; and | 12 | | (5) (Blank). any person who, for profit or commercial | 13 | | purposes, knowingly captures or kills, possesses, offers | 14 | | for sale, sells, offers to barter, barters, offers to | 15 | | purchase, purchases, delivers for shipment, ships, | 16 | | exports, imports, causes to be shipped, exported, or | 17 | | imported, delivers for transportation, transports, or | 18 | | causes to be transported, carries or causes to be carried, | 19 | | or receives for shipment, transportation, carriage, or | 20 | | export any reptile or amphibian life, in part or in whole, | 21 | | of any of the reptiles and amphibians protected by this | 22 | | Act, and that reptile or amphibian life, in whole or in | 23 | | part, is valued at or in excess of a total of $300 or fair | 24 | | market value, whichever is greater, as per value specified | 25 | | in paragraphs (1), (2), (3), and (4) of this subsection | 26 | | commits a Class 3 felony.
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| 1 | | (b) (Blank). The trier of fact may infer that a person | 2 | | "knowingly possesses" a reptile or amphibian, in whole or in | 3 | | part, captured or killed in violation of this Act, valued at or | 4 | | in excess of $600, as per value specified in paragraphs (1), | 5 | | (2), (3), and (4) of subsection (a) of this Section.
| 6 | | (Source: P.A. 98-752, eff. 1-1-15; 99-78, eff. 7-20-15.) | 7 | | (510 ILCS 68/110-5)
| 8 | | Sec. 110-5. Exemptions. When acting in their official | 9 | | capacity, the following entities and their agents are exempt | 10 | | from Section 75-5 Articles 75 and 85-5 85 of this Act:
| 11 | | (1) public zoos or aquaria accredited by the | 12 | | Association of Zoos and Aquariums or the Zoological | 13 | | Association of America;
| 14 | | (2) licensed veterinarians or anyone operating under | 15 | | the authority of a licensed veterinarian who is actively | 16 | | treating a special use herptile that is being maintained | 17 | | in the veterinarian facility in accordance with Sections | 18 | | 10-25, 20-15, and 25-15 of this Act in order to prevent the | 19 | | escape of the herptile and protect public health and | 20 | | safety ;
| 21 | | (3) (blank); wildlife sanctuaries;
| 22 | | (4) accredited research or medical institutions;
| 23 | | (5) licensed or accredited educational institutions;
| 24 | | (6) circuses licensed and in compliance with the | 25 | | Animal Welfare Act and all rules adopted by the Department |
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| 1 | | of Agriculture;
| 2 | | (7) federal, State, and local law enforcement | 3 | | officers, including animal control officers acting under | 4 | | the authority of this Act;
| 5 | | (8) members of federal, State, or local agencies | 6 | | approved by the Department; and | 7 | | (9) (blank); any bona fide wildlife rehabilitation | 8 | | facility licensed or otherwise authorized by the | 9 | | Department; and
| 10 | | (10) any motion picture or television production | 11 | | company that uses licensed dealers, exhibitors, and | 12 | | transporters under the federal Animal Welfare Act, 7 | 13 | | U.S.C. 2132.
| 14 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 15 | | Section 10. The Illinois Endangered Species Protection Act | 16 | | is amended by changing Sections 3, 4, and 5 as follows:
| 17 | | (520 ILCS 10/3) (from Ch. 8, par. 333)
| 18 | | Sec. 3. It is unlawful for any person:
| 19 | | (1) to possess, take, transport, sell, offer for
sale, | 20 | | give or otherwise dispose of any animal or the product | 21 | | thereof of any
animal species which occurs on the Illinois | 22 | | List , unless otherwise authorized by law ;
| 23 | | (2) to deliver, receive, carry, transport or ship in
| 24 | | interstate or foreign commerce plants listed as endangered |
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| 1 | | by the federal
government without a permit
therefor issued | 2 | | by the Department as provided in Section 4 of this Act;
| 3 | | (3) to take plants on the Illinois List without the
| 4 | | express written permission of the landowner; or
| 5 | | (4) to sell or offer for sale
plants or plant products | 6 | | of endangered species on the Illinois List.
| 7 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 8 | | (520 ILCS 10/4) (from Ch. 8, par. 334)
| 9 | | Sec. 4.
Upon receipt of proper application and approval of | 10 | | the
same, the Department may issue to any qualified
person a | 11 | | permit which allows the
taking, possession, transport, | 12 | | purchase, or
disposal of specimens or products of an | 13 | | endangered
or threatened species of animal or federal | 14 | | endangered plant after the
effective date of this Act for
| 15 | | justified purposes, that will enhance the survival of the | 16 | | affected
species by zoological, botanical or educational or
| 17 | | for scientific purposes only. Section 5-20 of the | 18 | | Herptiles-Herps Act has provisions for permits to acquire, | 19 | | breed, and sell captive, legally obtained endangered and | 20 | | threatened amphibians and reptiles. Rules for the issuance and | 21 | | maintenance
of permits shall be promulgated by the Department | 22 | | after consultation with
and written approval of the Board. The | 23 | | Department shall, upon
notice and hearing, revoke the permit | 24 | | of any holder thereof upon
finding that the person is not | 25 | | complying with the terms of the permit,
the person is |
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| 1 | | knowingly providing incorrect or inadequate information, the | 2 | | activity
covered by the permit is placing the species in undue | 3 | | jeopardy, or for
other cause.
| 4 | | (Source: P.A. 98-752, eff. 1-1-15 .)
| 5 | | (520 ILCS 10/5) (from Ch. 8, par. 335)
| 6 | | Sec. 5.
(a) Upon receipt of proper application and | 7 | | approval of
same, the Department may issue a limited
permit | 8 | | authorizing the possession, purchase or disposition of
animals | 9 | | or animal products of an
endangered or threatened species, or | 10 | | federal endangered plants to
any person which had in its | 11 | | possession prior to
the effective date of this Act such an item | 12 | | or which obtained such an
item legally out-of-state. Such | 13 | | permit shall specifically name and describe
each pertinent | 14 | | item possessed by the permit holder and shall be valid only
for | 15 | | possession, purchase or disposition of the items so named.
The | 16 | | Department may require proof that acquisition of such items | 17 | | was
made before the effective date of this Act. The Department
| 18 | | may also issue a limited permit authorizing the
possession, | 19 | | purchase or disposition of live animals or such item to
any | 20 | | person to whom a holder
of a valid permit issued pursuant to | 21 | | this section gives, sells, or
otherwise transfers the item | 22 | | named in the permit. Section 5-20 of the Herptiles-Herps Act | 23 | | has provisions for permits to acquire, breed, and sell | 24 | | captive, legally obtained endangered and threatened amphibians | 25 | | and reptiles. Limited permits
issued pursuant to this section |
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| 1 | | shall be valid only as long
as the item remains in the | 2 | | possession of the person to whom
the permit was issued.
| 3 | | (b) The limited permit shall be revoked by the
Department | 4 | | if it finds that the holder has received it on the basis of
| 5 | | false information, is not complying with its terms, or for | 6 | | other cause.
| 7 | | (Source: P.A. 98-752, eff. 1-1-15 .)
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