Sen. James F. Clayborne, Jr.

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2362

2    AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Herptiles-Herps Act of 2013.
 
7    Section 1-5. Purpose. For purposes of this Act, reptiles
8and amphibians shall be exempt from the definition of "aquatic
9life" under Section 1-20 of the Fish and Aquatic Life Code. All
10rules and enforcement actions under the Illinois Conservation
11Law and the dangerous animals provisions in Section 48-10 of
12the Criminal Code of 2012 related to reptiles and amphibians
13shall be covered exclusively by this Act.
 
14    Section 1-10. Administrative agency. This Act shall be

 

 

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1administered and under the direction of the Department of
2Natural Resources.
 
3    Section 1-15. Home rule. A municipality or county may adopt
4an ordinance governing amphibian and reptile species that is
5more restrictive than this Act.
 
6    Section 1-20. Definitions. For the purposes of this Act,
7unless the context clearly requires otherwise the following
8terms are defined as:
9    "Administrative rule" means a regulatory measure issued by
10the Director under this Act.
11    "Authorized law enforcement officer" means all sworn
12members of the Law Enforcement Division of the Department and
13those persons specifically granted law enforcement
14authorization by the Director.
15    "Bonafide scientific or educational institution" means
16confirming educational or scientific tax-exemption, from the
17federal Internal Revenue Service or the applicant's national,
18state, or local tax authority; or a statement of accreditation
19or recognition as an educational institution.
20    "Contraband" means all reptile or amphibian life or any
21part of reptile or amphibian life taken, bought, sold or
22bartered, shipped, or held in possession or any conveyance,
23vehicle, watercraft, or other means of transportation
24whatsoever, except sealed railroad cars or other sealed common

 

 

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1carriers, used to transport or ship any reptile or amphibian
2life or any part of reptile or amphibian life taken, contrary
3to this Act, including administrative rules, or used to
4transport, contrary to this Act, including administrative
5rules, any of the specified species when taken illegally.
6    "Culling" means rejecting or discarding.
7    "Department" means the Illinois Department of Natural
8Resources.
9    "Director" means the Director of the Illinois Department of
10Natural Resources.
11    "Educational program" means a program of organized
12instruction or study for providing education, intended to meet
13a public need.
14    "Endangered or threatened species" means any species
15listed as endangered or threatened to the species level on
16either the Illinois List of Endangered and Threatened Fauna or
17the federal U.S. Fish and Wildlife Service List of Threatened
18and Endangered Species.
19    "Herptile" means collectively any amphibian or reptile
20taxa, whether indigenous to this State or not.
21    "Indigenous or native taxa" means those amphibians and
22reptiles to the subspecies level that can be found naturally in
23this State.
24    "Individual" means a natural person.
25    "Medically significant" means a venomous or poisonous
26species whose venom or toxin can cause death or serious illness

 

 

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1or injury in humans that may require emergency room care or the
2immediate care of a physician. These species are categorized as
3being "medically significant" or "medically important".
4    "Owner" means an individual who has a legal right to the
5possession of a herptile.
6    "Person" means any individual, partnership, corporation,
7organization, trade or professional association, firm, limited
8liability company, joint venture, or group.
9    "Possession limit" means the maximum number or amount of
10herptiles that can be lawfully held or possessed by one person
11at any time.
12    "Possessor" means any person who possesses, keeps,
13harbors, brings into the State, cares for, acts as a custodian
14for, has in his or her custody or control, or holds a property
15right to a herptile.
16    "Reptile show" means any event open to the public, for a
17fee or without a fee, that is not a licensed pet store, where
18herptiles or herptiles together with other animals are
19exhibited, displayed, sold, bought, traded, or otherwise made
20available for public display.
21    "Resident" means a person who in good faith makes
22application for any license or permit and verifies by statement
23that he or she has maintained his or her permanent abode in
24this State for period of at least 30 consecutive days
25immediately preceding the person's application, and who does
26not maintain permanent abode or claim residency in another

 

 

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1state for the purposes of obtaining any of the same or similar
2licenses or permits under this Act. A person's permanent abode
3is his or her fixed and permanent dwelling place, as
4distinguished from a temporary or transient place of residence.
5Domiciliary intent is required to establish that the person is
6maintaining his or her permanent abode in this State. Evidence
7of domiciliary intent includes, but is not limited to, the
8location where the person votes, pays personal income tax, or
9obtains a drivers license. Any person on active duty in the
10Armed Forces shall be considered a resident of Illinois during
11his or her period of military duty.
12    "Special use herptile" means any taxa of amphibian or
13reptile for which a Herptile Special Use permit is required.
14    "Take" means possess, collect, catch, detain, hunt, shoot,
15pursue, lure, kill, destroy, capture, gig or spear, trap or
16ensnare, harass, or an attempt to do so.
17    "Transport" or "ship" means to convey by parcel post,
18express, freight, baggage, or shipment by common carrier or any
19description; by automobile, motorcycle, or other vehicle of any
20kind; by water or aircraft of any kind; or by any other means
21of transportation.
22    "Turtle farming" means the act of breeding, hatching,
23raising, selling turtles, or any combination commercially for
24the purpose of providing turtles, turtle eggs, or turtle parts
25to pet suppliers, exporters, and food industries.
26    "Wildlife sanctuary" means any non-profit organization

 

 

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1that: (1) is exempt from taxation under the federal Internal
2Revenue Code and is currently confirmed as tax exempt by the
3federal Internal Revenue Service; (2) operates a place of
4refuge where wild animals are provided care for their lifetime
5or released back to their natural range; (3) does not conduct
6activities on animals in its possession that are not inherent
7to the animal's nature; (4) does not use animals in its
8possession for entertainment; (5) does not sell, trade, or
9barter animals in its possession or parts of those animals; and
10(6) does not breed animals in its possession.
 
11    Section 1-25. Administrative rules. The Department is
12authorized to adopt administrative rules for carrying out,
13administering, and enforcing the provisions of this Act. The
14administrative rules shall be adopted in accordance with the
15Illinois Administrative Procedure Act.
16    Rules, after becoming effective, shall be enforced in the
17same manner as other provisions of this Act. It is unlawful for
18any person to violate any provision of any administrative rule
19adopted by the Department. Violators of administrative rules
20are subject to the penalties in this Act.
 
21    Section 1-30. Conservation of reptiles and amphibians. The
22Department shall take all measures necessary for the
23conservation, distribution, introduction, and restoration of
24reptiles and amphibians. The Department shall also bring or

 

 

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1cause to be brought actions and proceedings, in the name and by
2the authority of the People of the State of Illinois, to
3enforce this Act, including administrative rules, and to
4recover any and all fines and penalties provided for in this
5Act. Nothing in this Act shall be construed to authorize the
6Department to change any penalty prescribed by law or to change
7the amount of license fees or the authority conferred by
8licenses prescribed by law. The Department is authorized to
9cooperate with the appropriate Departments of the federal
10government and other Departments or agencies of State
11government and educational institutions in conducting surveys,
12experiments, or work of joint interest or benefit.
 
13    Section 1-35. Peace officers. All employees of the
14Department authorized by the Director shall have the power of,
15and shall be, peace officers in the enforcement of this Act,
16including administrative rules, and may carry weapons as may be
17necessary in the performance of his or her duties.
 
18    Section 1-40. Arrests; warrants. All authorized employees
19of the Department and all sheriffs, deputy sheriffs, and other
20police officers shall arrest any person detected in violation
21of any of the provisions of this Act, including administrative
22rules. Any duly accredited officer of the federal Fish and
23Wildlife Service and U.S. Forest Service may arrest any person
24detected in violation of any of the provisions of this Act,

 

 

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1including administrative rules.
2    All officers shall make prompt investigation of any
3violation of this Act, including administrative rules,
4reported by any other persons and shall cause a complaint to be
5filed when there seems just ground for a complaint and evidence
6procurable to support the complaint.
7    Upon the filing of a complaint, the officers shall render
8assistance in the prosecution of the party against whom the
9complaint is made.
10    Peace officers, other than employees of the Department,
11making arrests and serving warrants provided for by this Act
12shall receive the fees and mileage as provided for by law for
13sheriffs.
14    Each duly accredited officer and authorized employee of the
15Department is empowered to execute and serve all warrants and
16processes issued by the circuit court.
 
17    Section 1-45. Prosecutions; State's Attorneys. All
18prosecutions shall be brought in the name and by the authority
19of the People of the State of Illinois before the circuit court
20for the county where the offense was committed.
21    All State's Attorneys shall enforce the provisions of this
22Act, including administrative rules, in his or her respective
23county and shall prosecute all persons charged with violating
24its provisions when requested by the Department.
 

 

 

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1    Section 1-50. Statute of limitations. All prosecutions
2under this Act shall be commenced within 2 years after the time
3the offense charged was committed.
 
4    Section 1-55. Collection of fines. All fines provided for
5by this Act shall be collected and remitted to the Department's
6Wildlife and Fish Fund, within 30 days after the collection of
7the fine, by the clerk of the circuit court collecting the
8fines who shall submit at the same time to the Department a
9statement of the names of the persons so fined and the name of
10the arresting officer, the offense committed, the amount of the
11fine, and the date of the conviction.
 
12    Section 1-60. Power of entry and examination; access to
13lands and waters. Authorized employees of the Department are
14empowered, under law, to enter all lands and waters to enforce
15this Act. Authorized employees are further empowered to examine
16all buildings, private or public clubs (except dwellings), fish
17markets, reptile shows, pet stores, camps, vessels, cars
18(except sealed railroad cars or other sealed common carriers),
19conveyances, vehicles, water craft, or any other means of
20transportation or shipping, tents, bags, pillow cases, coats,
21jackets, or other receptacles and to open any box, barrel,
22package, or other receptacle in the possession of a common
23carrier, that they have reason to believe contains reptile or
24amphibian life or any part of reptile or amphibian life taken,

 

 

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1bought, sold or bartered, shipped, or had in possession
2contrary to this Act, including administrative rules, or that
3the receptacle containing the reptile or amphibian is falsely
4labeled.
5    Authorized employees of the Department shall be given free
6access to and shall not be hindered or interfered with in
7making an entry and examination. Any permit or license held by
8a person preventing free access or interfering with or
9hindering an employee shall not be issued to that person for
10the period of one year after his or her action.
11    Employees of the Department as specifically authorized by
12the Director are empowered to enter all lands and waters for
13the purpose of reptile or amphibian investigations, State and
14federal permit inspections, as well as reptile or amphibian
15censuses or inventories, and are further empowered to conduct
16examination of equipment and devices in the field, under law,
17to ensure compliance with this Act.
 
18    Section 1-65. Prima facie evidence; confiscation. The
19possession of any reptile or amphibian life or any part of
20reptile or amphibian life protected under this Act is prima
21facie evidence that the reptile or amphibian life or any part
22of reptile or amphibian life is subject to the provisions of
23this Act, including administrative rules.
24    Whenever the contents of any box, barrel, package, or
25receptacle consists partly of contraband and partly of legal

 

 

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1reptile or amphibian life or any part of reptile or amphibian
2life, the entire contents of the box, barrel, or package, or
3other receptacle are subject to confiscation.
4    Whenever a person has in his or her possession in excess of
5the number of reptile or amphibian life or any parts of reptile
6or amphibian life permitted under this Act, including
7administrative rules, the entire number of reptile or amphibian
8life or any parts of reptile or amphibian life in his or her
9possession is subject to confiscation.
 
10    Section 1-70. Search and seizure. Whenever any authorized
11employee of the Department, sheriff, deputy sheriff, or other
12peace office of the State has reason to believe that any
13person, owner, possessor, commercial institution, pet store,
14or reptile show vendor or attendee possesses any reptile or
15amphibian life or any part of reptile or amphibian life
16contrary to the provisions of this Act, including
17administrative rules, he or she may file, or cause to be filed,
18a sworn complaint to that effect before the circuit court and
19procure and execute a search warrant. Upon execution of the
20search warrant, the officer executing the search warrant shall
21make due return of the search warrant to the court issuing the
22search warrant, together with an inventory of all the reptile
23or amphibian life or any part of reptile or amphibian life
24taken under the search warrant. The court shall then issue
25process against the party owning, controlling, or transporting

 

 

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1the reptile or amphibian life or any part of reptile or
2amphibian life seized, and upon its return shall proceed to
3determine whether or not the reptile or amphibian life or any
4part of reptile or amphibian life was held, possessed, or
5transported in violation of this Act, including administrative
6rules. In case of a finding that the reptile or amphibian life
7was illegally held, possessed, transported, or sold, a judgment
8shall be entered against the owner or party found in possession
9of the reptile or amphibian life or any part of reptile or
10amphibian life for the costs of the proceeding and providing
11for the disposition of the property seized, as provided for by
12this Act.
 
13    Section 1-75. Obstructing an officer. It shall be unlawful
14for any person to resist or obstruct any officer or employee of
15the Department in the discharge of his or her duties under this
16Act. Any person who violates this provision is guilty of a
17Class A misdemeanor.
 
18    Section 1-80. Posing as an officer or employee. It shall be
19unlawful for any person to represent himself or herself falsely
20to be an officer or employee of the Department or to assume to
21act as an officer or employee of the Department without having
22been duly appointed and employed. Any person who violates this
23provision is guilty of a Class A misdemeanor.
 

 

 

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1    Section 1-85. Confiscation of contraband. All reptile or
2amphibian life or any part of reptile or amphibian life taken,
3bought, sold or bartered, shipped, or had in possession
4contrary to any of the provisions of this Act, including
5administrative rules, is contraband and subject to seizure and
6confiscation by any authorized employee of the Department.
7    Contraband reptile or amphibian life or any part of reptile
8or amphibian life seized and confiscated shall be disposed of
9as directed by the Department.
 
10    Section 1-90. Illegal collecting devices; public nuisance.
11Every collecting device, including seines, nets, traps, pillow
12cases, bags, snakes hooks or tongs, or any electrical device or
13any other devices including vehicles or conveyance,
14watercraft, or aircraft used or operated illegally or attempted
15to be used or operated illegally by any person in taking,
16transporting, holding, or conveying any reptile or amphibian
17life, or any part of reptile or amphibian life contrary to this
18Act, including administrative rules, shall be deemed a public
19nuisance and therefore illegal and subject to seizure and
20confiscation by any authorized employee of the Department. Upon
21the seizure of this item the Department shall take and hold the
22item until disposed of as provided in this Act.
23    Upon the seizure of any device because of its illegal use,
24the officer or authorized employee of the Department making the
25seizure shall, as soon as reasonably possible, cause a

 

 

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1complaint to be filed before the circuit court and a summons to
2be issued requiring the owner or person in possession of the
3property to appear in court and show cause why the device
4seized should not be forfeited to the State. Upon the return of
5the summons duly served or upon posting or publication of
6notice as provided in this Act, the court shall proceed to
7determine the question of the illegality of the use of the
8seized property. Upon judgment being entered that the property
9was illegally used, an order shall be entered providing for the
10forfeiture of the seized property to the State. The owner of
11the property may have a jury determine the illegality of its
12use and shall have the right of an appeal as in other civil
13cases. Confiscation or forfeiture shall not preclude or
14mitigate against prosecution and assessment of penalties
15provided in Article 90 of this Act.
16    Upon seizure of any property under circumstances
17supporting a reasonable belief that the property was abandoned,
18lost, stolen, or otherwise illegally possessed or used contrary
19to this Act, except property seized during a search or arrest,
20and ultimately returned, destroyed, or otherwise disposed of
21under order of a court in accordance with this Act, the
22authorized employee of the Department shall make reasonable
23inquiry and efforts to identify and notify the owner or other
24person entitled to possession of the property and shall return
25the property after the person provides reasonable and
26satisfactory proof of his or her ownership or right to

 

 

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1possession and reimburses the Department for all reasonable
2expenses of custody. If the identity or location of the owner
3or other person entitled to possession of the property has not
4been ascertained within 6 months after the Department obtains
5possession, the Department shall effectuate the sale of the
6property for cash to the highest bidder at a public auction.
7The owner or other person entitled to possession of the
8property may claim and recover possession of the property at
9any time before its sale at public auction upon providing
10reasonable and satisfactory proof of ownership or right of
11possession and reimbursing the Department for all reasonable
12expenses of custody.
13    Any property forfeited to the State by court order under
14this Section may be disposed of by public auction, except that
15any property that is the subject of a court order shall not be
16disposed of pending appeal of the order. The proceeds of the
17sales at auction shall be deposited in the Wildlife and Fish
18Fund.
19    The Department shall pay all costs of posting or
20publication of notices required by this Section.
 
21    Section 1-95. Violations; separate offenses. Each act of
22pursuing, taking, shipping, offered or received for shipping,
23offering or receiving for shipment, transporting, buying,
24selling or bartering, or having in one's possession any
25protected reptile or amphibian life or any part of reptile or

 

 

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1amphibian life, seines, nets, bags, snake hooks or tongs, or
2other devices used or to be used in violation of this Act,
3including administrative rules, constitutes a separate
4offense.
 
5    Section 1-100. Accessory to violation. Any person who aids
6in or contributes in any way to a violation of this Act,
7including administrative rules, is individually liable, as a
8separate offense under this Act, for the penalties imposed
9against the person who committed the violation.
 
10    Section 1-105. Permit fraudulently obtained. No person
11shall at any time:
12    (1) falsify, alter, or change in any manner, or provide
13deceptive or false information required for any permit issued
14under the provisions of this Act;
15    (2) falsify any record required by this Act;
16    (3) counterfeit any form of permit provided for by this
17Act;
18    (4) loan or transfer to another person any permit issued
19under this Act; or
20    (5) use any permit issued to another person under this Act.
21    It is unlawful to possess any permit issued under the
22provisions of this Act that was fraudulently obtained or which
23the person or permittee knew, or should have known, was
24falsified, altered, changed in any manner, or fraudulently

 

 

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1obtained.
2    The Department shall revoke all permits and suspend all
3privileges under this Act of any person violating this Section
4for a period of not less than 3 years. The procedures for
5suspension under this Section shall be as provided for in
6administrative rule. Anyone who violates a provision of this
7Section shall be guilty of a Class A misdemeanor.
 
8    Section 1-110. Wildlife and Fish Fund; disposition of money
9received. All fees, fines, income of whatever kind or nature
10derived from reptile and amphibian activities regulated by this
11Act on lands, waters, or both under the jurisdiction or control
12of the Department and all penalties collected under this Act
13shall be deposited into the State Treasury and shall be set
14apart in a special fund known as the Wildlife and Fish Fund.
 
15    Section 1-115. Ownership and title of wild indigenous
16reptiles and amphibians. The ownership of and title to all wild
17indigenous reptile and amphibian life within the boundaries of
18the State, are hereby declared to be in the State, and no wild
19indigenous reptile and amphibian life shall be taken or killed,
20in any manner or at any time, unless the person or persons
21taking or killing the wild indigenous reptile and amphibian
22life shall consent that the title to the wild indigenous
23reptile and amphibian life shall be and remain in the State for
24the purpose of regulating the taking, killing, possession, use,

 

 

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1sale, and transportation of wild indigenous reptile and
2amphibian life after taking or killing, as set forth in this
3Act.
4    The regulation and licensing of the taking of wild
5indigenous reptile and amphibian life in the State are
6exclusive powers and functions of the State. A home rule unit
7may not regulate or license the taking of wild indigenous
8reptile and amphibian life. This Section is a denial and
9limitation of home rule powers and functions under subsection
10(h) of Section 6 of Article VII of the Illinois Constitution.
 
11    Section 1-120. Application. This Act shall apply to reptile
12and amphibian life or any part of reptile and amphibian life
13(i) in or from any of the waters or lands wholly within the
14boundaries of the State or over which the State has concurrent
15jurisdiction with any other state or (ii) which may be
16possessed in or brought into the State.
 
17    Section 1-125. Taking on private property. It is unlawful
18for any person to take, or attempt to take any species of
19reptile or amphibian, or parts thereof, within or upon the land
20of another, or upon waters flowing over or standing on the land
21of another, without first obtaining permission from the owner
22or the owner's designee. For the purposes of this Section, the
23owner's designee means anyone who the owner designates in a
24written authorization and the authorization must contain (i)

 

 

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1the legal or common description of property for which the
2authority is given, (ii) the extent that the owner's designee
3is authorized to make decisions regarding who is allowed to
4take or attempt to take any species of reptiles or amphibians,
5or parts thereof, and (iii) the owner's notarized signature.
6Before enforcing this Section the law enforcement officer must
7have received notice from the owner or the owner's designee of
8a violation of this Section. Statements made to a law
9enforcement officer regarding this notice shall not be rendered
10inadmissible by the hearsay rule when offered for the purpose
11of showing the required notice. Any person who violates this
12Section shall be guilty of a Class B misdemeanor.
 
13    Section 1-130. Financial value of herptiles.
14    (a) For purposes of this Section, the financial value of
15all reptiles and amphibians described under this Act taken,
16possessed, or used in violation of this Act, whether in whole
17or in part, is as follows:
18        (1) for processed turtle parts, $8 for each pound or
19    fraction of a pound; for each non-processed turtle, $15 per
20    whole turtle or fair market value, whichever is greater;
21        (2) for frogs, toads, salamanders, lizards, and
22    snakes, $5 per herptile or fair market value, whichever is
23    greater in whole or in part unless specified as a special
24    use herptile;
25        (3) for any special use herptile, the value shall be no

 

 

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1    less than $250 per special use herptile or fair market
2    value, whichever is greater; and
3        (4) any person who, for profit or commercial purposes,
4    knowingly captures or kills, possesses, offers for sale,
5    sells, offers to barter, barters, offers to purchase,
6    purchases, delivers for shipment, ships, exports, imports,
7    causes to be shipped, exported, or imported, delivers for
8    transportation, transports, or causes to be transported,
9    carriers or causes to be carried, or receives for shipment,
10    transportation, carriage, or export any reptile or
11    amphibian life, in part or in whole of any of the reptiles
12    and amphibians protected by this Act, and that reptile or
13    amphibian life, in whole or in part, is valued at or in
14    excess of a total of $300 or fair market value, whichever
15    is greater, as per value specified in paragraphs (1), (2),
16    and (3) of this subsection commits a Class 3 felony.
17    (b) The trier of fact may infer that a person "knowingly
18possesses" a reptile or amphibian, in whole or in part,
19captured or killed in violation of this Act, valued at or in
20excess of $600, as per value specified in paragraphs (1), (2),
21and (3) of subsection (a) of this Section.
 
22
ARTICLE 5. INDIGENOUS OR
23
NATIVE HERPTILE TAXA

 
24    Section 5-5. Possession limits.

 

 

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1    (a) The possession limit for indigenous amphibian and
2reptile taxa (excluding common snapping turtles and bullfrogs)
3is 8 total collectively with no more than 4 per taxa. Captive
4born offspring of a legally held reptile or amphibian, not
5intended for commercial purposes, is exempt from the possession
6limits for a period of 30 days. Young of gravid wild-collected
7amphibians and reptiles shall be released at site of adult
8capture after birth.
9    (b) Only residents may possess herptiles collected from the
10wild within this State under a valid sport fishing license;
11non-residents may not possess herptiles collected from the wild
12within this State except for scientific purposes, with a
13Herptile Scientific Collection permit.
14    (c) All herptile species (other than bullfrogs and common
15snapping turtles) may be captured by hand. This shall not
16restrict the use of legally taken herptiles as bait by anglers.
17Any captured herptiles that are not to be retained in the
18possession of the captor shall be immediately released at the
19site of capture, unless taken with a lethal method such as bow
20and arrow, gig, spear, or pitchfork which does not permit
21release without harm. All common snapping turtles and bullfrogs
22taken for personal consumption must be kept and counted in the
23daily catch creel or bag. No culling of these 2 species for
24personal consumption is permitted.
25    (d) The trier of fact may infer that a person is collecting
26from the wild within this State if he or she possesses

 

 

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

 

 

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1    Section 5-10. Commercialization; herpetoculture.
2    (a) It is unlawful to take, possess, buy, sell, offer to
3buy or sell or barter any reptile, amphibian, or their eggs,
4any resulting offspring, or parts taken from the wild in this
5State for commercial purposes unless otherwise authorized by
6law.
7    (b) The trier of fact may infer that a person is collecting
8from the wild within this State for commercial purposes if he
9or she possesses indigenous reptiles or amphibians, in whole or
10in part, for which no documentation exists stating that the
11animals were legally collected from the wild outside this
12State.
13    (c) Due to the similarity of appearance (S/A) of certain
14intergrade or hybrid specimens, the Department retains the
15authority to enforce any and all provisions under this Act.
16Specimens determined by the Department, or its agents, to fit
17into this S/A category shall receive all benefits of this Act,
18as well as the Illinois Endangered Species Protection Act if
19applicable, and shall be included in an individual's overall
20possession limit.
21    (d) A valid, Department issued Herpetoculture permit shall
22apply only to indigenous herp taxa. A Herpetoculture permit
23shall not be required in order to commercialize non-indigenous
24herp 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
2are disturbed in the course of searching for reptiles and
3amphibians shall be returned to as near its original position
4and condition as possible, for example overturned stones and
5logs 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
8listed in the Illinois Endangered Species Protection Act or
9subsequent administrative rules, except as provided by that
10Act.
11    (b) Any Department permitted threatened or endangered
12(T/E) herptile species shall be exempt from an individual's
13overall possession under the permitting system set forth in
14this Act. However, any and all T/E specimens shall be
15officially recorded with the Department's Endangered Species
16Conservation Program. Any species occurring on the federal T/E
17list also requires a Department permit for possession,
18propagation, sale, or offer for sale unless otherwise permitted
19through the Department.
20    (c) Due to the similarity of appearance (S/A) of certain
21intergrade or hybrid specimens, the Department retains the
22authority to enforce any and all provisions under this Act.
23Specimens determined by the Department, or agents, to fit into
24this S/A category shall receive all benefits of this Act, as
25well as the Illinois Endangered Species Protection Act if

 

 

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1applicable, and shall be included in an individual's overall
2possession limit.
3    (d) Federally licensed exhibits shall not be exempt from
4the Illinois Endangered Species Protection Act.
5    (e) Any changes in T/E permit numbers for herptiles by
6current, existing permit holders shall be reported to the
7Department in writing no later than the first business day
8after that change occurred. Requests for permits by any
9resident acquiring a T/E species who is not permitted shall not
10be issued after-the-fact.
11    (f) Annual reports are due by January 31 of each year for
12the preceding year's activities. Failure to submit the annual
13report by the due date shall result in a permit violation.
14    (g) An annual fee for herptile T/E species permits, per
15permittee, shall be set by administrative rule.
16    (h) Procedures for sales and acquisition of T/E herptile
17species shall be set forth in administrative rule.
18    (i) Record keeping requirements for T/E herptile species
19shall be set forth in administrative rule.
 
20    Section 5-25. Taking of snakes. Unless otherwise provided
21in this Act, any non-threatened or non-endangered snake may be
22taken by the owners or bonafide tenants of lands actually
23residing on the lands and their children, parents, brothers,
24and sisters permanently residing with them.
 

 

 

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1    Section 5-30. Taking of turtles or bullfrogs; illegal
2devices.
3    (a) No person shall take turtles or bullfrogs by commercial
4fishing devices, including dip nets, hoop nets, traps, or
5seines, or by the use of firearms, airguns, or gas guns.
6Turtles may be taken only by hand or means of hook and line.
7    (b) Bullfrog; common snapping turtle; open season.
8        (1) All individuals taking bullfrogs shall possess a
9    valid sport fishing license and may take bullfrogs only
10    during the open season to be specified by administrative
11    rule. Bullfrogs may only be taken by hook and line, gig,
12    pitchfork, spear, bow and arrow, hand, or landing net.
13        (2) The daily catch limit and total possession limit
14    for all properly licensed persons shall be specified by
15    administrative rule.
16        (3) All persons taking common snapping turtles shall
17    possess a valid sport fishing license and may take common
18    snapping turtles only during the open season to be
19    specified by administrative rule. Common snapping turtles
20    (Chelydra serpentina) may be taken only by hand, hook and
21    line, or bow and arrow, except in the counties listed in
22    Section 5-35 where bowfishing for common snapping turtles
23    is not allowed.
24        (4) The daily catch limit and total possession limit
25    for all properly licensed persons shall be specified by
26    administrative rule.

 

 

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1    (c) The alligator snapping turtle (Macrochelys temminckii)
2is protected and may not be taken by any method including, but
3not limited to, any sport fishing method.
 
4    Section 5-35. Areas closed to the taking of reptiles and
5amphibians. Unless otherwise allowed by law or administrative
6rule, the taking of reptiles and amphibians at any time and by
7any method is prohibited in the following areas:
8    The LaRue-Pine Hills or Otter Pond Research Natural Area in
9    Union County. The closed area shall include the Research
10    Natural Area as designated by the U.S. Forest Service and
11    the right-of-way of Forest Road 345 with Forest Road 236 to
12    the intersection of Forest Road 345 with the Missouri
13    Pacific railroad tracks.
14    In the following counties bowfishing for common snapping
15turtles is not permitted: Randolph, Perry, Franklin, Hamilton,
16White, Gallatin, Saline, Williamson, Jackson, Union, Johnson,
17Pope, Hardin, Massac, Pulaski, and Alexander, or in any
18additional counties added through administrative rule.
 
19    Section 5-40. Additional protective regulations.
20    (a) Except as otherwise allowed by law or administrative
21rule, taking of the following species of reptiles and
22amphibians is prohibited:
23    Copperbelly water snake (Nerodia erythrogaster neglecta)
24    in Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson,

 

 

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1    Lawrence, Massac, Pope, Pulaski, Richland, Rock Island,
2    Saline, Wabash, Wayne, and White counties.
3    (b) Under this Act, the copperbelly water snake shall be
4treated as a listed threatened or endangered species within
5this State. The copperbelly water snakes shall receive all
6protection benefits and incidental take regulations as
7described under the Illinois Endangered Species Protection
8Act.
9    (c) Because the range of the 2 subspecies of Nerodia
10erythrogaster overlap in southern Illinois, and the meristic
11characters that separate these 2 subspecies is often
12problematic, the Department retains the authority to classify
13water snake specimens as similar in appearance (S/A) to the
14subspecies: neglecta. Specimens determined by the Department,
15or its agents, to fit into this neglecta S/A category shall
16receive all benefits of this Act, as well as the Illinois
17Endangered Species Protection Act.
 
18    Section 5-45. Translocation and release of herptiles.
19    (a) No herptile indigenous species may be moved,
20translocated, or populations repatriated within this State
21without approval of the Department, after review of a proposal
22complete with long-term monitoring plan at least 5 years
23post-release.
24    (b) It shall be unlawful to intentionally or negligently
25release any non-indigenous herptile species into this State.
 

 

 

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1
ARTICLE 10. VENOMOUS REPTILES

 
2    Section 10-5. Venomous reptile defined. Venomous reptiles
3include, but are not limited to, any medically significant
4venomous species of the families or genera of the Order
5Squamata: Helodermatidae, such as gila monsters and beaded
6lizards; Elapidae, such as cobras and coral snakes;
7Hydrophiidae, such as sea snakes; Viperidae and Crotalinae,
8such as vipers and pit vipers; Atractaspididae, such as
9burrowing asps; Colubridae in the following genera that shall
10be determined by administrative rule: West Indian racers
11(Alsophis); boigas and mangrove snakes (Boiga); road guarders
12(Conophis); Boomslangs (Dispholidus); false water cobras
13(Hydrodynastes); varied or hooded keelbacks (Macropisthodon);
14Malagasy cat-eyed snakes (Madagascarophis); Montpellier snakes
15(Malpolon); kukri snakes (Oligodon); collared snakes
16(Phalotris); palm snakes or green racers (Philodryas); sand
17snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked
18snakes (Rhamphiophis); twig snakes (Thelotornis); black tree
19snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes
20(Waglerophis); false fer-de-lances (Xenodon); specimens or
21eggs of the brown tree snake (Boiga irregularis); and any other
22species added through legislative process designated.
 
23    Section 10-10. Surgically altered venomous reptiles. It is

 

 

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1not a defense to a violation of Article 65 that the person
2violating that Article has had the venomous reptile surgically
3altered to render it harmless.
 
4    Section 10-15. Venomous reptile permit requirements. In
5addition to those requirements listed in Articles 60 and 65 of
6this Act, Herptile Special Use permits may be issued to
7residents using approved venomous reptile species only for
8bonafide educational programs, following an inspection and
9approval of the proposed facilities. A minimum of 6 documented
10programs shall be required of each permittee per calendar year.
11Unless addressed or exempted by administrative rule, annual
12permit renewal must be accompanied by a non-refundable fee as
13set by the Department by administrative rule and documented
14proof of educational programs completed on the recipient's
15letterhead. Prospective permittees must have 250 documented
16hours of experience with venomous reptiles. The Department or
17the Department of Agriculture reserves the right to inspect
18permittees and facilities during reasonable hours. Additions
19to permits must be approved prior to acquisition of additional
20venomous reptiles, and any changes shall be reported to the
21Department in writing no later than the first business day
22after that change occurred.
 
23    Section 10-20. Approved venomous reptiles. Permittees may
24keep legally obtained venomous reptile specimens native to the

 

 

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1United States, except the following species: Eastern
2diamondback rattlesnakes (Crotalus adamanteus); Western
3diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes
4(Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus
5oreganus helleri); Eastern and Texas coral snakes (Micrurus
6fulvius); Sonoran coral snakes (Micruroides euryxanthus); and
7timber/canebrake rattlesnakes (Crotalus horridus) from the
8southern portions of their range (Oklahoma, southern Arkansas,
9Louisiana, and also southeastern South Carolina south through
10eastern Georgia to northern Florida), known as "Type A" and
11containing canebrake toxin.
12    Except for Boomslangs (Dispholidus), twig snakes
13(Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green
14racer (Philodryas olfersii), and brown tree snake (Boiga
15irregularis) and medically significant snakes in the family
16Colubridae defined in Section 10-5 of this Article may be
17possessed by permit.
 
18    Section 10-25. Maintenance of venomous reptiles.
19Permittees shall keep approved venomous reptiles in strong
20escape-proof enclosures that at a minimum are: impact
21resistant, locked at all times, prominently labeled with the
22permittee's full name, address, telephone number, list of cage
23contents by scientific and common names, and a sign labeled
24"venomous". The signage shall also include the type and
25location of antivenom and contact information of the person or

 

 

09800SB2362sam002- 32 -LRB098 10746 CEL 44265 a

1organization possessing the antivenom.
 
2    Section 10-30. Educational programs with approved venomous
3reptiles. Permittees shall keep approved venomous reptiles in
4strong escape-proof enclosures that at a minimum are: impact
5resistant, locked at all times, prominently labeled with the
6permittee's full name, address, telephone number, list of cage
7contents by scientific and common names, and a sign labeled
8"venomous". Labeling shall also include the type and location
9of antivenom and contact information of the person or
10organization possessing the antivenom. Interiors of enclosures
11may not be accessible to the public.
 
12    Section 10-35. Transport of approved venomous reptiles.
13During transport of any approved venomous reptile, it must be
14kept out of sight of the public in an escape-proof enclosure at
15all times that is labeled "venomous". Transport of any venomous
16reptile to any public venue, commercial establishment, retail
17establishment, or educational institution shall only be for
18bonafide educational programs or veterinary care.
 
19    Section 10-40. Additional regulations. Venomous reptiles
20shall not be bred, sold, or offered for sale within this State.
21The Department may approve limited transfers among existing
22permittees at the sole discretion of the Department.
23    As determined by the Department, non-residents may apply

 

 

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1for a permit not to exceed 15 consecutive days to use venomous
2reptiles in bonafide educational programs. The fee for the
3permit shall be set by administrative rule, and all fees shall
4be deposited into the Wildlife and Fish Fund.
 
5
ARTICLE 15. BOAS,
6
PYTHONS, AND ANACONDAS

 
7    Section 15-5. Boas, pythons, and anacondas. Nothing shall
8prohibit lawfully acquired possession of any of the Boidae
9family, such as boas, pythons, and anacondas, provided captive
10maintenance requirements from the Department as set forth in
11this Act are met. All boas, pythons, and anacondas referenced
12in this Act are exempt from the permit process, associated
13annual fee, and liability insurance coverage.
 
14    Section 15-10. Maintenance of boas, pythons, and
15anacondas. Any species of boa, python, or anaconda, regardless
16of length, must be properly maintained in suitable, strong,
17impact resistant, escape-proof enclosures at all times unless
18being used for bonafide educational programs or trips for
19veterinary care.
 
20    Section 15-15. Educational programs with boas, pythons,
21and anacondas. During any bonafide educational program
22involving boas, pythons, or anacondas, the owner or affiliated

 

 

09800SB2362sam002- 34 -LRB098 10746 CEL 44265 a

1agent must maintain physical possession of the snake at all
2times if removed from a container or cage. Interiors of cages
3or containers used during educational programs may not be
4accessible to the public.
 
5    Section 15-20. Transport of boas, pythons, and anacondas.
6During transport of any boa, python, or anaconda, the snake
7must be kept out of sight of the public in an escape-proof
8enclosure at all times.
 
9    Section 15-25. Use of boas, pythons, and anacondas at
10reptile shows. An owner or affiliated agent must have physical
11possession and control of any boa, python, or anaconda at all
12times if removed from a container or cage. Uncontained boas,
13pythons, or anacondas removed from cages for examination or
14onlooker interaction must be kept confined either behind or at
15a display table. Interiors of cages or containers may not be
16accessible to the public.
 
17
ARTICLE 20. CROCODILIANS

 
18    Section 20-5. "Crocodilians" means any species of the Order
19Crocodilia, such as crocodiles, alligators, caimans, and
20gavials.
 
21    Section 20-10. Crocodilian permit requirements. In

 

 

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1addition to the requirements listed in Articles 60 and 65 of
2this Act, Herptile Special Use permits may be issued to
3residents using crocodilian species only for bonafide
4educational programs, following an inspection and approval of
5the proposed facilities. A minimum of 6 documented programs
6shall be required of each permittee per calendar year. Unless
7addressed or exempted by administrative rule, annual permit
8renewal must be accompanied by a non-refundable fee as set by
9the Department and documented proof of educational programs
10completed on the recipient's letterhead. The Department or the
11Department of Agriculture reserves the right to inspect of
12permittees and facilities during reasonable hours. Additions
13to permits must be approved prior to acquisition of additional
14crocodilians, and any changes shall be reported to the
15Department in writing no later than the first business day
16after that change occurred.
 
17    Section 20-15. Maintenance of crocodilians. Permittees
18shall keep crocodilians maintained in suitable, strong, impact
19resistant, escape-proof enclosures at all times unless being
20used for bonafide educational programs or trips for veterinary
21care.
 
22    Section 20-20. Educational programs with crocodilians.
23During any bonafide educational program involving
24crocodilians, the owner or affiliated agent must maintain

 

 

09800SB2362sam002- 36 -LRB098 10746 CEL 44265 a

1physical possession and control of the crocodilian at all times
2if removed from a container or cage. Interiors of cages or
3containers used during educational programs may not be
4accessible to the public. Crocodilians removed from their cage
5or enclosure for educational programs must have either the
6mouth banded or taped shut or kept at a minimum of 10 feet from
7the public and also kept out of direct contact with the public.
 
8    Section 20-25. Transport of crocodilians. During transport
9of any crocodilian, it must be kept out of sight of the public
10in an escape-proof enclosure at all times. Transport of any
11crocodilian to any public venue, commercial establishment,
12retail establishment, or educational institution shall only be
13for bonafide educational programs or veterinary care.
 
14    Section 20-30. Additional regulations. Crocodilians shall
15not be bred, sold, or offered for sale within this State.
16    As determined by the Department, non-residents may apply
17for a permit not to exceed 15 consecutive days to use
18crocodilians in bonafide educational programs. The fee for this
19permit shall be set by administrative rule, and all fees shall
20be deposited into the Wildlife and Fish Fund.
 
21
ARTICLE 25. MONITOR LIZARDS

 
22    Section 25-5. "Monitor lizards" means the following

 

 

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1members of the Varanidae family, specifically crocodile
2monitors as well as Komodo dragons.
 
3    Section 25-10. Monitor lizard permit requirements. In
4addition to those requirements listed in Articles 60 and 65 of
5this Act, Herptile Special Use permits may be issued to
6residents using monitor lizard species only for bonafide
7educational programs, following an inspection and approval of
8the proposed facilities. A minimum of 6 documented programs on
9the family Varanidae shall be required of each permittee per
10calendar year. Unless addressed or exempted by administrative
11rule, annual permit renewal must be accompanied by a
12non-refundable fee as set by the Department and documented
13proof of educational programs completed on the recipient's
14letterhead. The Department or the Department of Agriculture
15reserves the right to inspect of permittees and facilities
16during reasonable hours. Additions to permits must be approved
17prior to acquisition of additional monitor lizards, and any
18changes shall be reported to the Department in writing no later
19than the first business day after that change occurred.
 
20    Section 25-15. Maintenance of monitor lizards. Permittees
21shall keep monitor lizards maintained in suitable, strong,
22impact resistant, escape-proof enclosures at all times unless
23being used for bonafide educational programs or trips for
24veterinary care.
 

 

 

09800SB2362sam002- 38 -LRB098 10746 CEL 44265 a

1    Section 25-20. Educational programs with monitor lizards.
2During any bonafide educational program involving monitor
3lizards, the owner or affiliated agent must maintain physical
4possession and control of the monitor lizard at all times if
5removed from a container or cage. Interiors of cages or
6containers used during educational programs may not be
7accessible to the public. Monitor lizards removed from their
8cage or enclosure for educational programs must have either the
9mouth banded or taped shut, or kept at a minimum of 10 feet
10from the public and also kept out of direct contact with the
11public.
 
12    Section 25-25. Transport of monitor lizards. During
13transport of any monitor lizard, it must be kept out of sight
14of the public in an escape-proof enclosure at all times.
15Transport of a monitor lizard to any public venue, commercial
16establishment, retail establishment, or educational
17institution shall only be for bonafide educational programs or
18veterinary care.
 
19    Section 25-30. Additional regulations. Monitor lizards
20shall not be bred, sold, or offered for sale within this State.
21    As determined by the Department, non-residents may apply
22for a permit not to exceed 15 consecutive days to use monitor
23lizards in bonafide educational programs. The fee for the

 

 

09800SB2362sam002- 39 -LRB098 10746 CEL 44265 a

1permit shall be set by administrative rule, and all fees shall
2be deposited into the Wildlife and Fish Fund.
 
3
ARTICLE 30. TURTLES

 
4    Section 30-5. Turtles. It is unlawful to buy, sell, or
5offer to sell, or otherwise commercialize (including, but not
6limited to, offering as a commercial incentive, trading, or
7otherwise use for the purpose of profit or pecuniary gain) any
8species of aquatic or semi-aquatic turtles in the Order
9Testudines (except for the terrestrial tortoises in the family
10Testudinidae) with a carapace length of 4 inches or less or
11their eggs within this State. With prior approval from the
12Department, in its sole discretion, sales or offers for sale of
13aquatic or semi-aquatic turtles with a carapace length of 4
14inches or less or their eggs may be allowed to bonafide
15scientific or educational institutions.
 
16    Section 30-10. Turtle farming. Turtles shall not be
17commercially farmed in this State.
 
18
ARTICLE 35. AMPHIBIANS

 
19    Section 35-5. "Amphibians" means those medically
20significant poisonous amphibians capable of causing bodily
21harm to humans or animals, including, but not limited to, cane

 

 

09800SB2362sam002- 40 -LRB098 10746 CEL 44265 a

1or marine toads (Bufo marinus) and Colorado river toads (Bufo
2alvarius), or any other amphibian found to be medically
3significant and shall only be allowed for bonafide educational
4purposes or research purposes by exempted institutions.
5    Poison dart frogs bred and raised in captivity shall be
6exempt from the permit process.
 
7
ARTICLE 40. HERPTILE SCIENTIFIC
8
COLLECTION PERMITS

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

 

 

09800SB2362sam002- 41 -LRB098 10746 CEL 44265 a

1    Section 40-10. Permit requirements. The criteria and
2standards for a Herptile Scientific Collection permit shall be
3provided by administrative rule. The Department shall set forth
4applicable rules covering qualifications and facilities needed
5to obtain a permit. Disposition of herptiles taken under the
6authority of this Article shall be specified by the Department.
7The holder of each permit shall make to the Department a report
8in writing upon forms furnished by the Department. These
9reports shall be made (i) annually if the permit is granted for
10a period of one year or (ii) within 30 days after the
11expiration of the permit if the permit is granted for a period
12of less than one year. These reports shall include information
13that the Department considers necessary.
 
14
ARTICLE 45. HERPTILE SCIENTIFIC
15
COLLECTION PERMIT APPLICATION AND FEES

 
16    Section 40-5. Permit application and fees. An applicant for
17a Herptile Scientific Collection permit must file an
18application with the Department on a form provided by the
19Department. The application must include all information and
20requirements as set by administrative rule. The application for
21these permits shall be reviewed by the Department to determine
22if a permit should be issued.
23    Unless addressed or exempted by administrative rule,
24annual permit renewal must be accompanied by non-refundable fee

 

 

09800SB2362sam002- 42 -LRB098 10746 CEL 44265 a

1as set by the Department. The annual fee for a Herptile
2Scientific Collection permit shall be set by administrative
3rule. The Department shall adopt, by administrative rule, any
4additional procedures for the renewal of a Herptile Scientific
5Collection permit. All fees shall be deposited into the Fish
6and Wildlife Fund.
 
7
ARTICLE 50. HERPETOCULTURE PERMITS

 
8    Section 50-5. Permit issuance. Any person or business who
9engages in the breeding, hatching, propagation, sale, or offer
10for sale of any indigenous herptile, regardless of origin,
11shall procure a permit from the Department. Herptiles
12specified, which are bred, hatched, propagated, or legally
13obtained by a person or business holding a permit as provided
14for in this Article, may be transported and sold or offered for
15sale within this State.
 
16    Section 50-10. Permit requirements. Herpetoculture permit
17holders shall maintain written records of all herptiles
18indigenous to this State bought, sold, hatched, propagated,
19sold, or shipped for a minimum of 2 years after the date of the
20transaction and shall be made immediately available to
21authorized employees of the Department upon request. These
22records shall include the name and address of the buyer and
23seller, the appropriate permit number of the buyer and seller,

 

 

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

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

 

 

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

 

 

09800SB2362sam002- 45 -LRB098 10746 CEL 44265 a

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

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

 

 

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

 
9    Section 65-5. Permit application and fees. An applicant for
10a Herptile Special Use permit must file an application with the
11Department on a form provided by the Department. The
12application must include all information and requirements as
13set forth by administrative rule.
14    The annual fee for a residential Herptile Special Use
15permit shall be set by administrative rule on a per person
16basis. The Herptile Special Use permit shall not be based on
17the number of special use herptile kept by an owner or
18possessor. All fees shall be deposited into the Wildlife and
19Fish Fund.
20    The Department shall adopt, by administrative rule,
21procedures for the renewal of annual Herptile Special Use
22permits.
23    Any person possessing and in legal possession of a special
24use herptile as stipulated in this Article, that no longer

 

 

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1wishes to keep the herptile may be assisted by the Department
2at no charge to them and without prosecution, to place the
3special use herptile in a new home, within 30 days after the
4effective date of this Act.
5    The Department may issue a Limited Entry permit to an
6applicant who: (i) is not a resident of this State; (ii)
7complies with the requirements of this Act and all rules
8adopted by the Department under the authority of this Act;
9(iii) provides proof to the Department that he or she shall,
10during the permit term, maintain sufficient liability
11insurance coverage; (iv) pays to the Department along with each
12application for a Limited Entry permit a non-refundable fee as
13set by administrative rule, which the Department shall deposit
14into the Wildlife and Fish Fund; and (v) uses the herptile for
15an activity authorized in the Limited Entry permit. A Limited
16Entry permit shall be valid for not more than 30 consecutive
17days unless extended by the Department, however, no extension
18shall be longer than 15 days.
 
19
ARTICLE 70. SUSPENSION OF
20
PRIVILEGES AND REVOCATION OF
21
HERPTILE SPECIAL USE PERMITS

 
22    Section 70-5. Suspension of privileges and revocation of
23permits. A person who does not hold a Herptile Special Use
24permit or Limited Entry permit and who violates a provision of

 

 

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

 
23    Section 75-5. Record keeping requirements. A person who
24possesses a special use herptile must maintain records

 

 

09800SB2362sam002- 49 -LRB098 10746 CEL 44265 a

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

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

 

 

09800SB2362sam002- 50 -LRB098 10746 CEL 44265 a

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

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

 

 

09800SB2362sam002- 51 -LRB098 10746 CEL 44265 a

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

 
12    Section 90-5. Penalties. A person who violates Article 85
13of this Act is guilty of a Class A misdemeanor for a first
14offense and a Class 4 felony for a second or subsequent offense
15occurring within one year after a finding of guilt on a first
16offense. A person who violates Article 75 of this Act is guilty
17of a Class B misdemeanor. Each day of a violation constitutes a
18separate offense. Any other violation of this Act is a Class A
19misdemeanor unless otherwise stated.
20    All fines and penalties collected under the authority of
21this Act or its administrative rules shall be deposited into
22the Wildlife and Fish Fund.
 
23
ARTICLE 95. CIVIL

 

 

09800SB2362sam002- 52 -LRB098 10746 CEL 44265 a

1
LIABILITY AND IMMUNITY

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

 

 

09800SB2362sam002- 53 -LRB098 10746 CEL 44265 a

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

 
24    Section 100-5. Seizure and forfeiture. If any person is

 

 

09800SB2362sam002- 54 -LRB098 10746 CEL 44265 a

1found to possess a special use herptile that is in violation of
2this Act, including any administrative rules, then the special
3use herptile and any equipment or items used contrary to this
4Act shall be subject to seizure and forfeiture by the
5Department. Any special use herptile seized in violation of
6this Act may immediately be placed in a facility approved by
7the Department.
8    If a person's special use herptile has been seized by the
9Department, then the owner and possessor of the special use
10herptile is liable for the reasonable costs associated with the
11seizure, placement, testing, and care for the special use
12herptile from the time of confiscation until the time the
13special use herptile is relocated to an approved facility or
14person holding a valid Herptile Special Use permit or is
15otherwise disposed of by the Department.
16    Any special use herptile and related items found abandoned
17shall become the property of the Department and disposed of
18according to Department rule.
19    The circuit court, in addition to any other penalty, may
20award any seized or confiscated special use herptiles or items
21to the Department as provided for in Section 1-215 of the Fish
22and Aquatic Life Code and Section 1.25 of the Wildlife Code.
23Further, the court, in addition to any other penalty, may
24assess a fee upon a person who pleads guilty to the provisions
25of this Act equal to the amount established or determined to
26maintain the special use herptile until it is permanently

 

 

09800SB2362sam002- 55 -LRB098 10746 CEL 44265 a

1placed in a facility approved by the Department or otherwise
2disposed of.
 
3
ARTICLE 105. EXEMPTIONS

 
4    Section 105-5. Exemptions. When acting in their official
5capacity, the following entities and their agents are exempt
6from Articles 75 and 85 of this Act:
7        (1) public zoos or aquaria accredited by the
8    Association of Zoos and Aquariums;
9        (2) licensed veterinarians or anyone operating under
10    the authority of a licensed veterinarian;
11        (3) wildlife sanctuaries;
12        (4) accredited research or medical institutions;
13        (5) licensed or accredited educational institutions;
14        (6) circuses licensed and in compliance with the Animal
15    Welfare Act and all rules adopted by the Department of
16    Agriculture;
17        (7) federal, State, and local law enforcement
18    officers, including animal control officers acting under
19    the authority of this Act;
20        (8) members of federal, State, or local agencies
21    approved by the Department;
22        (9) any bonafide wildlife rehabilitation facility
23    licensed or otherwise authorized by the Department; and
24        (10) any motion picture or television production

 

 

09800SB2362sam002- 56 -LRB098 10746 CEL 44265 a

1    company that uses licensed dealers, exhibitors, and
2    transporters under the federal Animal Welfare Act, 7 U.S.C.
3    2132.
 
4    Section 105-10. The Criminal Code of 2012 is amended by
5changing Section 48-10 as follows:
 
6    (720 ILCS 5/48-10)
7    Sec. 48-10. Dangerous animals.
8    (a) Definitions. As used in this Section, unless the
9context otherwise requires:
10        "Dangerous animal" means a lion, tiger, leopard,
11    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
12    bobcat, jaguarundi, bear, hyena, wolf or coyote, or any
13    poisonous or life-threatening reptile. Dangerous animal
14    does not mean any herptiles that are found in the
15    Herptiles-Herps Act of 2013.
16        "Owner" means any person who (1) has a right of
17    property in a dangerous animal or primate, (2) keeps or
18    harbors a dangerous animal or primate, (3) has a dangerous
19    animal or primate in his or her care, or (4) acts as
20    custodian of a dangerous animal or primate.
21        "Person" means any individual, firm, association,
22    partnership, corporation, or other legal entity, any
23    public or private institution, the State, or any municipal
24    corporation or political subdivision of the State.

 

 

09800SB2362sam002- 57 -LRB098 10746 CEL 44265 a

1        "Primate" means a nonhuman member of the order primate,
2    including but not limited to chimpanzee, gorilla,
3    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
4    and tarsier.
5    (b) Dangerous animal or primate offense. No person shall
6have a right of property in, keep, harbor, care for, act as
7custodian of or maintain in his or her possession any dangerous
8animal or primate except at a properly maintained zoological
9park, federally licensed exhibit, circus, college or
10university, scientific institution, research laboratory,
11veterinary hospital, hound running area, or animal refuge in an
12escape-proof enclosure.
13    (c) Exemptions.
14        (1) This Section does not prohibit a person who had
15    lawful possession of a primate before January 1, 2011, from
16    continuing to possess that primate if the person registers
17    the animal by providing written notification to the local
18    animal control administrator on or before April 1, 2011.
19    The notification shall include:
20            (A) the person's name, address, and telephone
21        number; and
22            (B) the type of primate, the age, a photograph, a
23        description of any tattoo, microchip, or other
24        identifying information, and a list of current
25        inoculations.
26        (2) This Section does not prohibit a person who is

 

 

09800SB2362sam002- 58 -LRB098 10746 CEL 44265 a

1    permanently disabled with a severe mobility impairment
2    from possessing a single capuchin monkey to assist the
3    person in performing daily tasks if:
4            (A) the capuchin monkey was obtained from and
5        trained at a licensed nonprofit organization described
6        in Section 501(c)(3) of the Internal Revenue Code of
7        1986, the nonprofit tax status of which was obtained on
8        the basis of a mission to improve the quality of life
9        of severely mobility-impaired individuals; and
10            (B) the person complies with the notification
11        requirements as described in paragraph (1) of this
12        subsection (c).
13    (d) A person who registers a primate shall notify the local
14animal control administrator within 30 days of a change of
15address. If the person moves to another locality within the
16State, the person shall register the primate with the new local
17animal control administrator within 30 days of moving by
18providing written notification as provided in paragraph (1) of
19subsection (c) and shall include proof of the prior
20registration.
21    (e) A person who registers a primate shall notify the local
22animal control administrator immediately if the primate dies,
23escapes, or bites, scratches, or injures a person.
24    (f) It is no defense to a violation of subsection (b) that
25the person violating subsection (b) has attempted to
26domesticate the dangerous animal. If there appears to be

 

 

09800SB2362sam002- 59 -LRB098 10746 CEL 44265 a

1imminent danger to the public, any dangerous animal found not
2in compliance with the provisions of this Section shall be
3subject to seizure and may immediately be placed in an approved
4facility. Upon the conviction of a person for a violation of
5subsection (b), the animal with regard to which the conviction
6was obtained shall be confiscated and placed in an approved
7facility, with the owner responsible for all costs connected
8with the seizure and confiscation of the animal. Approved
9facilities include, but are not limited to, a zoological park,
10federally licensed exhibit, humane society, veterinary
11hospital or animal refuge.
12    (g) Sentence. Any person violating this Section is guilty
13of a Class C misdemeanor. Any corporation or partnership, any
14officer, director, manager or managerial agent of the
15partnership or corporation who violates this Section or causes
16the partnership or corporation to violate this Section is
17guilty of a Class C misdemeanor. Each day of violation
18constitutes a separate offense.
19(Source: P.A. 97-1108, eff. 1-1-13.)
 
20    Section 105-15. The Fish and Aquatic Life Code is amended
21by changing Sections 1-20, 5-25, 10-30, 10-35, 10-60, 10-65,
22and 10-115 as follows:
 
23    (515 ILCS 5/1-20)  (from Ch. 56, par. 1-20)
24    Sec. 1-20. Aquatic life. "Aquatic life" means all fish,

 

 

09800SB2362sam002- 60 -LRB098 10746 CEL 44265 a

1reptiles, amphibians, crayfish, and mussels. For the purposes
2of Section 20-90, the definition of "aquatic life" shall
3include, but is not limited to, all fish, reptiles, amphibians,
4mollusks, crustaceans, algae or other aquatic plants, and
5invertebrates. Aquatic life does not mean any herptiles that
6are found in the Herptiles-Herps Act of 2013.
7(Source: P.A. 89-66, eff. 1-1-96.)
 
8    (515 ILCS 5/5-25)  (from Ch. 56, par. 5-25)
9    Sec. 5-25. Value of protected species; violations.
10    (a) Any person who, for profit or commercial purposes,
11knowingly captures or kills, possesses, offers for sale, sells,
12offers to barter, barters, offers to purchase, purchases,
13delivers for shipment, ships, exports, imports, causes to be
14shipped, exported, or imported, delivers for transportation,
15transports or causes to be transported, carries or causes to be
16carried, or receives for shipment, transportation, carriage,
17or export any aquatic life, in part or in whole of any of the
18species protected by this Code, contrary to the provisions of
19the Code, and that aquatic life, in whole or in part, is valued
20at or in excess of a total of $300, as per species value
21specified in subsection (c) of this Section, commits a Class 3
22felony.
23    A person is guilty of a Class 4 felony if convicted under
24this Section for more than one violation within a 90-day period
25if the aquatic life involved in each violation are not valued

 

 

09800SB2362sam002- 61 -LRB098 10746 CEL 44265 a

1at or in excess of $300 but the total value of the aquatic life
2involved with the multiple violations is at or in excess of
3$300. The prosecution for a Class 4 felony for these multiple
4violations must be alleged in a single charge or indictment and
5brought in a single prosecution.
6    Any person who violates this subsection (a) when the total
7value of species is less than $300 commits a Class A
8misdemeanor except as otherwise provided.
9    (b) Possession of aquatic life, in whole or in part,
10captured or killed in violation of this Code, valued at or in
11excess of $600, as per species value specified in subsection
12(c) of this Section, shall be considered prima facie evidence
13of possession for profit or commercial purposes.
14    (c) For purposes of this Section, the fair market value or
15replacement cost, whichever is greater, must be used to
16determine the value of the species protected by this Code, but
17in no case shall the minimum value of all aquatic life and
18their hybrids protected by this Code, whether dressed or not
19dressed, be less than the following:
20        (1) For each muskellunge, northern pike, walleye,
21    striped bass, sauger, largemouth bass, smallmouth bass,
22    spotted bass, trout (all species), salmon (all species
23    other than chinook caught from August 1 through December
24    31), and sturgeon (other than pallid or lake sturgeon) of a
25    weight, dressed or not dressed, of one pound or more, $4
26    for each pound or fraction of a pound. For each individual

 

 

09800SB2362sam002- 62 -LRB098 10746 CEL 44265 a

1    fish with a dressed or not dressed weight of less than one
2    pound, $4. For parts of fish processed past the dressed
3    state, $8 per pound.
4        (2) For each warmouth, rock bass, white bass, yellow
5    bass, sunfish (all species except largemouth, smallmouth,
6    and spotted bass), bluegill, crappie, bullheads,
7    pickerels, yellow perch, catfish (all species), and
8    mussels of a weight, dressed or not dressed, of one pound
9    or more, $4 for each pound or fraction of a pound of
10    aquatic life. For each individual aquatic life with a
11    dressed or not dressed weight of less than one pound, $4.
12    For aquatic life parts processed past the dressed state, $8
13    per pound.
14        (3) (Blank). For processed turtle parts, $6 for each
15    pound or fraction of a pound. For each non-processed
16    turtle, $8 per turtle.
17        (4) (Blank). For frogs, toads, salamanders, lizards,
18    and snakes, $8 per animal in whole or in part.
19        (5) For goldeye, mooneye, carp, carpsuckers (all
20    species), suckers (all species), redhorse (all species),
21    buffalo (all species), freshwater drum, skipjack, shad
22    (all species), alewife, smelt, gar, bowfin, chinook salmon
23    caught from August 1 through December 31, and all other
24    aquatic life protected by this Code, not listed in
25    paragraphs (1), (2), or (5) (3), or (4) of subsection (c)
26    of this Section, $1 per pound, in part or in whole.

 

 

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1        (6) For each species listed on the federal or State
2    endangered and threatened species list, and for lake and
3    pallid sturgeon, $150 per animal in whole or in part.
4(Source: P.A. 95-147, eff. 8-14-07.)
 
5    (515 ILCS 5/10-30)  (from Ch. 56, par. 10-30)
6    Sec. 10-30. Bullfrog; open season. Bullfrog open season is
7found in Section 5-30 of the Herptiles-Herps Act of 2013. All
8individuals taking bullfrogs shall possess a valid sport
9fishing license and may take bullfrogs only during the
10following open season of June 15 through August 31, both
11inclusive.
12(Source: P.A. 87-833.)
 
13    (515 ILCS 5/10-35)  (from Ch. 56, par. 10-35)
14    Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is
15found in Section 5-30 of the Herptiles-Herp Act of 2013. The
16daily limit for all properly licensed individuals is 8
17bullfrogs. The possession limit total is 16 bullfrogs.
18(Source: P.A. 87-833.)
 
19    (515 ILCS 5/10-60)  (from Ch. 56, par. 10-60)
20    Sec. 10-60. Taking of turtles or bullfrogs; illegal
21devices. Taking of turtles or bullfrogs is found in Section
225-30 of the Herptiles-Herp Act of 2013. No person shall take
23turtles or bullfrogs by commercial fishing devices, including

 

 

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1hoop nets, traps, or seines, or by the use of firearms,
2airguns, or gas guns.
3(Source: P.A. 87-833.)
 
4    (515 ILCS 5/10-65)  (from Ch. 56, par. 10-65)
5    Sec. 10-65. Taking of snakes. Taking of snakes is found in
6Section 5-25 of the Herptiles-Herp Act of 2013. Unless
7otherwise provided in this Code, snakes may be taken by the
8owners or bonafide tenants of lands actually residing on the
9lands and their children, parents, brothers, and sisters
10actually permanently residing with them.
11(Source: P.A. 87-833.)
 
12    (515 ILCS 5/10-115)  (from Ch. 56, par. 10-115)
13    Sec. 10-115. Taking of turtles. Taking of turtles is found
14in Section 5-30 of the Herptiles-Herp Act of 2013. Turtles may
15be taken only by hand or means of hook and line. The provisions
16of this Section are subject to modification by administrative
17rule.
18(Source: P.A. 87-833.)".