State of Illinois
92nd General Assembly

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 1        AN ACT in relation to animals.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Wildlife  Code  is  amended by changing
 5    Sections 2.2 and 3.34 and adding Section 2.33b as follows:

 6        (520 ILCS 5/2.2) (from Ch. 61, par. 2.2)
 7        Sec.  2.2.   Definitions;  prohibited  acts.   Except  as
 8    provided in Sections 2.33b and 3.34,  this  Act  shall  apply
 9    only  to  the wild birds and parts of wild birds (their nests
10    and eggs), and wild mammals and parts of wild mammals,  which
11    shall include their green hides, in the State of Illinois, or
12    which  may be brought into the State, that are hereby defined
13    as follows:
14        All birds, both  game  and  non-game  (except  the  House
15    Sparrow,   Passer   domesticus;  European  Starling,  Sturnus
16    vulgaris; and Rock Dove or Domestic Pigeon,  Columba  livia).
17    GAME  BIRDS  -  Ruffed  grouse, Bonasa umbellus; Sharp-tailed
18    grouse,  Pediocetes  phasianellus;  Bobwhite  quail,  Colinus
19    virginianus;  Hungarian  Partridge,  Perdix  perdix;   Chukar
20    Partridge,  Alectoris graeca; Ring-necked Pheasant, Phasianus
21    colchicus; Greater Prairie Chicken, Tympanuchus cupido;  Wild
22    Turkey,   Meleagris   gallopavo.    MIGRATORY  GAME  BIRDS  -
23    Waterfowl including  brant,  wild  ducks,  geese  and  swans,
24    Anatidae;  rails,  gallinules  and  coots,  Rallidae;  snipe,
25    Gallinago   gallinago;  woodcock,  Scolopax  minor;  pigeons,
26    including doves and wild pigeons (except  domestic  pigeons),
27    Columbidae;  and  crows,  Corvidae.    RESIDENT AND MIGRATORY
28    NON-GAME BIRDS  -  Loons,  Gaviidae;  grebes,  Podicipedidae;
29    pelicans, Pelecanidae; cormorants, Phalacrocoracidae; herons,
30    bitterns   and   egrets,  Ardeidae;  ibises  and  spoonbills,
31    Threskiornithidae;     storks,     Ciconiidae;      vultures,
                            -2-               LRB9211262EGfgA
 1    Carthartidae; kites, hawks and eagles, Accipitridae; ospreys,
 2    Pandionidae;   falcons,   including   the  Peregrine  Falcon,
 3    Falconidae; cranes, Gruidae; rails and gallinules,  Rallidae;
 4    all  shorebirds  of  the families Charadriidae, Scolopacidae,
 5    Recurvirostridae and Phalaropodidae; jaegers, Stercorariidae;
 6    gulls and terns, Laridae; cuckoos, Cuculidae; owls, Tytonidae
 7    and Strigidae; whip-poor-wills and nighthawks, Caprimulgidae;
 8    swifts,  Apodidae;  hummingbirds,  Trochilidae,  Kingfishers,
 9    Alcedinidae; woodpeckers, Picidae; kingbirds and flycatchers,
10    Tyrannidae;   larks,   Alaudidae;   swallows   and   martins,
11    Hirundinidae; crows, magpies and jays,  Corvidae;  chickadees
12    and   titmice,   Paridae;   nuthatches,  Sittidae;  creepers,
13    Certhiidae; wrens, Troglodytidae; mockingbirds, catbirds  and
14    thrashers, Mimidae; robins, bluebirds and thrushes, Turdidae;
15    gnatcatchers  and  kinglets, Sylviidae; pipits, Motacillidae;
16    waxwings,   Bombycillidae;   shrikes,    Laniidae;    vireos,
17    Vireonidae;   warblers,  Parulidae;  European  Tree  Sparrow,
18    Passer  montanus;  blackbirds,   meadowlarks   and   orioles,
19    Icteridae;   tanagers,   thraupidae;   cardinals,  grosbeaks,
20    finches, towhees, dickcissels, sparrows, juncos, buntings and
21    longspurs, Fringillidae.  GAME MAMMALS -  Woodchuck,  Marmota
22    monax;  Gray  squirrel,  Sciurus  carolinensis; Fox squirrel,
23    Sciurus niger;  White-tailed  jackrabbit,  Lepus  townsendii;
24    Eastern  cottontail,  Sylvilagus  floridanus;  Swamp  rabbit,
25    Sylvilagus    aquaticus;    White-tailed   deer,   Odocoileus
26    virginianus.   FUR-BEARING   MAMMALS   -   Muskrat,   Ondatra
27    zibethicus;   Beaver,  Castor  canadensis;  Raccoon,  Procyon
28    lotor; Opossum, Didelphis marsupialis; Least weasel,  Mustela
29    rixosa;  Long-tailed  weasel,  Mustela frenata; Mink, Mustela
30    vison; River otter, Lutra canadensis; Striped skunk, Mephitis
31    mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray
32    fox, Urocyon cineraoargenteus; Coyote, Canis latrans; Bobcat,
33    Lynx rufus.   OTHER  MAMMALS  -  Flying  squirrel,  Glaucomys
34    volans;   Red   squirrel,  Tamiasciurus  hudsonicus;  Eastern
                            -3-               LRB9211262EGfgA
 1    Woodrat,  Neotoma   floridana;   Golden   Mouse,   Ochrotomys
 2    nuttalli;     Rice    Rat,    Oryzomys    palustris;    Bats,
 3    Vespertilionidae.
 4        It shall be unlawful for any person at any time to  take,
 5    possess,  sell,  or  offer  for sale, any of these wild birds
 6    (dead or alive) and parts  of  wild  birds  (including  their
 7    nests  and  eggs),  wild mammals (dead or alive) and parts of
 8    wild mammals, including their green  hides  contrary  to  the
 9    provisions  of  this Act.  However, nothing in this Act shall
10    prohibit bona-fide public or state scientific, educational or
11    zoological   institutions   from   receiving,   holding   and
12    displaying wildlife specimens that were salvaged  or  legally
13    obtained.
14        It  shall  be  unlawful  for any person to bring into the
15    State of Illinois for  the  purpose  of  holding,  releasing,
16    propagating  or  selling  any  other  living  wild animal not
17    covered by this Act without first obtaining a permit from the
18    Director.  The permit shall be granted only upon satisfactory
19    proof that the specific animals intended to be  imported  are
20    free of communicable disease at the time of importation, will
21    not  become  a  nuisance,  and  will  not cause damage to any
22    existing wild  or  domestic  species.  Application  for  this
23    permit shall be filed with the Director not less than 30 days
24    in advance of the proposed date of importation.  The Director
25    may incorporate in the permit any restrictions as he may deem
26    appropriate.   These provisions shall not apply to any animal
27    imported into this State for the purpose  of  being  confined
28    and  exhibited  in any zoo or other public display of animals
29    nor to any other  animals  or  groups  of  animals  that  the
30    Department  of Natural Resources may exempt by administrative
31    rule.
32        It shall be unlawful for any person  to  take  any  other
33    living  wild  animal  not  covered  by  this  Act without the
34    permission of the landowner or tenant.
                            -4-               LRB9211262EGfgA
 1    (Source: P.A. 89-445, eff. 2-7-96.)

 2        (520 ILCS 5/2.33b new)
 3        Sec. 2.33b.  Hunting confined animals.
 4        (a)  As used in this Section:
 5        "Animal" means a game mammal or  fur-bearing  mammal,  as
 6    defined  in  this  Act,  or  an  exotic  mammal; but the term
 7    specifically excludes white-tailed deer found in Illinois.
 8        "Exotic mammal" means a mammal  not  indigenous  to  this
 9    State.
10        (b)  No   person   may   knowingly  engage  in,  sponsor,
11    instigate, assist, or profit from the killing or wounding (or
12    attempted killing or wounding) of an animal for  the  purpose
13    of sport, amusement, attainment or production of a trophy, or
14    collection of a prize, if the animal is:
15             (1)  confined in a man-made enclosure, regardless of
16        the size of the enclosure;
17             (2)  tied,  staked,  caged,  or otherwise restrained
18        from engaging in normal movement; or
19             (3)  released from confinement or restraint  in  the
20        presence  of  a person for the purpose of being killed or
21        wounded by that person.
22        (c)  No person may knowingly purchase or sell any animal,
23    or any part of an animal, killed or wounded in  violation  of
24    subsection (b).
25        (d)  A  person  who  violates  subsection  (b)  or (c) is
26    guilty of a business offense and subject to  a  fine  of  not
27    less  than  $500  and  not more than the greater of $5,000 or
28    twice the amount of the financial gain realized by the person
29    from the commission of the violation.

30        (520 ILCS 5/3.34) (from Ch. 61, par. 3.34)
31        Sec. 3.34. Exotic game hunting areas.
32        (a)  Until January 1, 2003:
                            -5-               LRB9211262EGfgA
 1        Any  person   who   imports   into   Illinois   wild   or
 2    semi-domestic  mammals from other states or foreign countries
 3    for the purpose of providing hunting with bow  and  arrow  or
 4    gun  with  or without dogs must obtain an exotic game hunting
 5    area permit.  The annual fee for this permit shall  be  $1000
 6    and  shall expire on April 30 of each year.  The hunting area
 7    cannot be under 640 contiguous acres nor more than 2560 acres
 8    in size.  It must be fenced in a manner  capable  of  holding
 9    the  mammals  released.  The holder of an exotic game hunting
10    area permit must obtain a $10,000 bond to cover damages  that
11    may  occur  if  the  mammals  escape from the enclosure.  The
12    mammals must be inspected and certified disease free  from  a
13    licensed  Illinois  veterinarian.  The area must be inspected
14    by personnel of the Department of  Natural  Resources  before
15    the license is issued.
16        (b)  No  exotic game hunting area permit may be issued on
17    or after January 1, 2003, and any such permit then in  effect
18    shall be deemed to expire on that date.
19        (c)  Beginning January 1, 2003, no person may import into
20    Illinois  any  wild,  semi-domestic,  or  exotic  mammal from
21    another state or from a foreign country for  the  purpose  of
22    providing  hunting.  For the purpose of this Section, "exotic
23    mammal" means a mammal not indigenous to this State.
24        (d)  No person may maintain or  operate  an  exotic  game
25    hunting area in this State on or after January 1, 2003.
26        (e)  Anyone who knowingly violates violating this Section
27    is  guilty  of a business offense and shall be fined not less
28    than from $500 and not more than the greater of to $5,000  or
29    twice the amount of the financial gain realized by the person
30    from the commission of the violation.
31    (Source: P.A. 89-445, eff. 2-7-96.)

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