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Public Act 103-0990


 

Public Act 0990 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0990
 
SB3407 EnrolledLRB103 39364 JAG 69527 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Wildlife Code is amended by changing
Section 2.36 as follows:
 
    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
    Sec. 2.36. It shall be unlawful to buy, sell, or barter, or
offer to buy, sell, or barter, and for a commercial
institution, other than a regularly operated refrigerated
storage establishment, to have in its possession any of the
wild birds, or any part thereof (and their eggs), or wild
mammals or any parts thereof, protected by this Act unless
done as hereinafter provided:
    Game birds or any parts thereof (and their eggs), may be
held, possessed, raised and sold, or otherwise dealt with, as
provided in Section 3.23 of this Act or when legally produced
under similar special permit in another state or country and
legally transported into the State of Illinois; provided that
such imported game birds or any parts thereof, shall be marked
with permanent irremovable tags, or similar devices, to
establish and retain their origin and identity;
    Rabbits may be legally taken and possessed as provided in
Sections 3.23, 3.24, and 3.26 of this Act;
    Deer, or any parts thereof, may be held, possessed, sold
or otherwise dealt with as provided in this Section and
Sections 3.23 and 3.24 of this Act;
    If a properly tagged deer is processed at a licensed meat
processing facility, the meat processor at the facility is an
active member of the Illinois Sportsmen Against Hunger
program, and if the owner of the deer (i) fails to claim the
processed deer within a reasonable time or (ii) notifies the
licensed meat processing facility that the owner no longer
wants the processed deer or wishes to donate the deer, then the
deer meat may be given away by the licensed meat processor to
another person or donated to a any other charitable
organization or community food bank that receives wild game
meat. The licensed meat processing facility may charge the
person receiving the deer meat a reasonable and customary
processing fee;
    Meat processors who donate deer meat to a charitable
organization or community food bank that receives wild game
meat are active members of the Illinois Sportsmen Against
Hunger program shall keep written records of all deer
received. Records shall include the following information:
        (1) the date the deer was received;
        (2) the name, address, and telephone number of the
    person from whom the deer was received;
        (3) whether the deer was received as a whole carcass
    or as deboned meat; if the deer was brought to the meat
    processor as deboned meat, the processor shall include the
    weight of the meat;
        (4) the number and state of issuance of the permit of
    the person from whom the deer was received; in the absence
    of a permit number, the meat processor may rely on the
    written certification of the person from whom the deer was
    received that the deer was legally taken or obtained; and
        (5) if the person who originally delivered the deer to
    the meat processor fails to collect or make arrangements
    for the packaged deer meat to be collected or wishes to
    donate the meat and if the meat processor gives all or part
    of the unclaimed deer meat to another person or charitable
    organization or community food bank that receives wild
    game meat, the meat processor shall maintain a record of
    the exchange; the meat processor's records shall include
    the customer's name, physical address, telephone number,
    as well as the quantity and type of deer meat given to the
    customer. The meat processor shall also include the amount
    of compensation received for the deer meat in his or her
    records.
    Meat processor records for unclaimed and donated deer meat
shall be open for inspection by any peace officer at any
reasonable hour. Meat processors shall maintain records for a
period of 2 years after the date of receipt of the wild game or
for as long as the specimen or meat remains in the meat
processors possession, whichever is longer;
    No meat processor shall have in his or her possession any
deer that is not listed in his or her written records and
properly tagged or labeled;
    All licensed meat processors who ship any deer or parts of
deer that have been held, possessed, or otherwise dealt with
shall tag or label the shipment, and the tag or label shall
state the name of the meat processor;
    Nothing in this Section removes meat processors from
responsibility for the observance of any State or federal
laws, rules, or regulations that may apply to the meat
processing business;
    Fur-bearing mammals, or any parts thereof, may be held,
possessed, sold or otherwise dealt with as provided in
Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
and possessed in Illinois or legally taken and possessed in
and transported from other states or countries;
    It is unlawful for any person to act as a nuisance wildlife
control operator for fee or compensation without a permit as
provided in subsection subsection (b) of Section 2.37 of this
Act unless such trapping is in compliance with Section 2.30.
    The inedible parts of game mammals may be held, possessed,
sold, or otherwise dealt with when legally taken, in Illinois
or legally taken and possessed in and transported from other
states or countries.
    Failure to establish proof of the legality of possession
in another state or country and importation into the State of
Illinois, shall be prima facie evidence that such game birds
or any parts thereof, and their eggs, game mammals and
fur-bearing mammals, or any parts thereof, were taken within
the State of Illinois.
(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)

Effective Date: 1/1/2025