Statute in Full:
5/2.1. Ownership and title
§ 2.1. The ownership of and title to all wild birds and wild mammals within the jurisdiction of the State are hereby declared to be in the State, and no wild birds or wild mammals shall be taken or killed, in any manner or at any time, unless the person or persons so taking or killing the same shall consent that the title thereto shall be and remain in the State for the purpose of regulating the taking, killing, possession, use, sale and transportation thereof, after such taking or killing, as hereinafter set forth. The taking or killing of wild birds or wild mammals at any time, in any manner, and by any person, shall be deemed a consent on the part of such person that the title to such wild birds or wild mammals shall remain in the State for the purpose of regulating the possession, use, sale and transportation thereof.
The regulation and licensing of the taking of wildlife in Illinois are exclusive powers and functions of the State. A home rule unit may not regulate or license the taking of wildlife. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
CREDIT(S)
P.A. 77-1781, § 2.1, eff. July 1, 1972. Amended by P.A. 87-296, § 1, eff. Jan. 1, 1992.
5/2.2. Protected species; definitions - AMENDED 2011
[§ 2.2. This Act shall apply only to the wild birds and parts of wild birds (including, but not limited to, their nests and eggs), and wild mammals and parts of wild mammals, which shall include their green hides, in the State of Illinois, or which may be brought into the State. , that are hereby defined as follows:
Wildlife protected by this Act, hereby defined as protected species, include the following wild species and all wild species contained in listed families, including, but not limited to, groups of wild species preceding each family name: All birds, both game and non-game (except the House Sparrow, Passer domesticus; European Starling, Sturnus vulgaris; and Rock Pigeon, Dove or Domestic Pigeon, Columba livia; Purple Swamphen, Porphyrio porphyio; or Muscovy Duck, Cairina moschata). GAME BIRDS–Ruffed grouse, Bonasa umbellus; Sharp-tailed grouse, Tympanuchus Pediocetes phasianellus; Northern Bobwhite quail, Colinus virginianus; Gray Hungarian Partridge, Perdix perdix; Chukar Partridge, Alectoris chukar graeca; Ring-necked Pheasant, Phasianus colchicus; Greater Prairie Chicken, Tympanuchus cupido; Wild Turkey, Meleagris gallopavo. MIGRATORY GAME BIRDS–Waterfowl including brant, wild ducks, geese, and swans, Anatidae; wild species of the families Rallidae, Scolopacidae, Columbidae, and Corvidae that may be legally hunted as provided for in Section 2.18 of this Act rails, gallinules and coots, Rallidae; snipe, Gallinago gallinago; woodcock, Scolopax minor; pigeons, including doves and wild pigeons (except domestic pigeons), Columbidae; and crows, Corvidae. RESIDENT AND MIGRATORY NON–GAME BIRDS–Loons, Gaviidae; grebes, Podicipedidae; pelicans, Pelecanidae; gannets, Sulidae; cormorants, Phalacrocoracidae; anhingas, Anhingidae; frigatebirds, Fregatidae; herons, bitterns and egrets, Ardeidae; ibises and spoonbills, Threskiornithidae; storks, Ciconiidae; vultures, Cathartidae; kites, hawks, ospreys, and eagles, Accipitridae; ospreys, Pandionidae; falcons, merlins, and kestrels including the Peregrine Falcon, Falconidae; rails, gallinules, and moorhens, which may not be legally hunted, Rallidae; cranes, Gruidae; rails and gallinules, Rallidae; all shorebirds that may not be legally hunted, of the families Charadriidae, Scolopacidae, and Recurvirostridae and Phalaropodidae; jaegers, Stercorariidae; gulls, and terns, jaegers, skimmers, and kittiwakes, Laridae; dovekies and murrelets, Alcidae; doves and pigeons, which may not be legally hunted, Columbidae; cuckoos and anis, Cuculidae; owls, Tytonidae and Strigidae; whip-poor-wills, chuck-will's-widows, and nighthawks, Caprimulgidae; swifts, Apodidae; hummingbirds, Trochilidae, Kingfishers, Alcedinidae; woodpeckers, flickers, and sapsuckers, Picidae; kingbirds, pewees, phoebes, and flycatchers, Tyrannidae shrikes, Laniidae; vireos, Vireonidae; magpies, ravens, and jays, Corvidae; larks, Alaudidae; swallows and martins, Hirundinidae; crows, magpies and jays, Corvidae; chickadees and titmice, Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens, Troglodytidae; kinglets, Regulidae; gnatcatchers, Sylviidae mockingbirds, catbirds and thrashers, Mimidae; robins, bluebirds, solitaires, veerys, and thrushes, Turdidae; mockingbirds, catbirds, and thrashers, Mimidae gnatcatchers and kinglets, Sylviidae; pipits, Motacillidae; waxwings, Bombycillidae; shrikes, Laniidae; vireos, Vireonidae; warblers, parulas, redstarts, ovenbirds, waterthrushes, yellowthroats, and chats, Parulidae; tanagers, Thraupidae; towhees, longspurs, sparrows, buntings, and juncos, Emberizidae; dickcissels, cardinals, buntings, and grosbeaks, Cardinalidae European Tree Sparrow, Passer montanus; blackbirds, meadowlarks, bobolinks, grackles, cowbirds, and orioles, Icteridae; tanagers, thraupidae; cardinals, grosbeaks, finches, crossbills, redpolls, towhees, dickcissels, sparrows, juncos, buntings and siskins longspurs, Fringillidae. GAME MAMMALS–Woodchuck, Marmota monax; Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus niger; White-tailed jackrabbit, Lepus townsendii; Eastern cottontail, Sylvilagus floridanus; Swamp rabbit, Sylvilagus aquaticus; White-tailed deer, Odocoileus virginianus. FUR–BEARING MAMMALS–Muskrat, Ondatra zibethicus; Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum, Didelphis virginiana marsupialis; Least weasel, Mustela nivalis rixosa; Long-tailed weasel, Mustela frenata; Mink, Mustela vison; River otter, Lontra Lutra canadensis; Striped skunk, Mephitis mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray fox, Urocyon cinereoargenteus cinereoagenteus; Coyote, Canis latrans; Bobcat, Lynx rufus. OTHER MAMMALS–Flying squirrel, Glaucomys volans; Red squirrel, Tamiasciurus hudsonicus; Eastern Woodrat, Neotoma floridana; Golden Mouse, Ochrotomys nuttalli; Rice Rat, Oryzomys palustris; Franklin's Ground Squirrel, Spermophilus franklinii; Bats, Vespertilionidae.
It shall be unlawful for any person at any time to take, possess, sell, or offer for sale, propagate, or release into the wild, any of these wild birds (dead or alive) and parts of wild birds (including, but not limited to, their nests and eggs), wild mammals (dead or alive) and parts of wild mammals, including their green hides contrary to the provisions of this Act. However, nothing in this Act shall prohibit bona-fide public or state scientific, educational or zoological institutions from receiving, holding and displaying protected species wildlife specimens that were salvaged or legally obtained.
It shall be unlawful for any person to bring into the State of Illinois for the purpose of holding, releasing, propagating or selling any other living wild animal not covered by this Act without first obtaining a permit from the Director. The permit shall be granted only upon satisfactory proof that the specific animals intended to be imported are free of communicable disease at the time of importation, will not become a nuisance, and will not cause damage to any existing wild or domestic species. Application for this permit shall be filed with the Director not less than 30 days in advance of the proposed date of importation. The Director may incorporate in the permit any restrictions as he may deem appropriate. These provisions shall not apply to any animal imported into this State for the purpose of being confined and exhibited in any zoo or other public display of animals nor to any other animals or groups of animals that the Department of Natural Resources may exempt by administrative rule.
It shall be unlawful for any person to take any other living wildlife wild animal not covered by this Act without the permission of the landowner or tenant.
(Source: P.A. 95–331, eff. 8–21–07.)
Former Text:
§ 2.2. This Act shall apply only to the wild birds and parts of wild birds (their nests and eggs), and wild mammals and parts of wild mammals, which shall include their green hides, in the State of Illinois, or which may be brought into the State, that are hereby defined as follows:
All birds, both game and non-game (except the House Sparrow, Passer domesticus; European Starling, Sturnus vulgaris; and Rock Dove or Domestic Pigeon, Columba livia). GAME BIRDS-Ruffed grouse, Bonasa umbellus; Sharp-tailed grouse, Pediocetes phasianellus; Bobwhite quail, Colinus virginianus; Hungarian Partridge, Perdix perdix; Chukar Partridge, Alectoris graeca; Ring-necked Pheasant, Phasianus colchicus; Greater Prairie Chicken, Tympanuchus cupido; Wild Turkey, Meleagris gallopavo. MIGRATORY GAME BIRDS-Waterfowl including brant, wild ducks, geese and swans, Anatidae; rails, gallinules and coots, Rallidae; snipe, Gallinago gallinago; woodcock, Scolopax minor; pigeons, including doves and wild pigeons (except domestic pigeons), Columbidae; and crows, Corvidae. RESIDENT AND MIGRATORY NON-GAME BIRDS-Loons, Gaviidae; grebes, Podicipedidae; pelicans, Pelecanidae; cormorants, Phalacrocoracidae; herons, bitterns and egrets, Ardeidae; ibises and spoonbills, Threskiornithidae; storks, Ciconiidae; vultures, Cathartidae; kites, hawks and eagles, Accipitridae; ospreys, Pandionidae; falcons, including the Peregrine Falcon, Falconidae; cranes, Gruidae; rails and gallinules, Rallidae; all shorebirds of the families Charadriidae, Scolopacidae, Recurvirostridae and Phalaropodidae; jaegers, Stercorariidae; gulls and terns, Laridae; cuckoos, Cuculidae; owls, Tytonidae and Strigidae; whip-poor-wills and nighthawks, Caprimulgidae; swifts, Apodidae; hummingbirds, Trochilidae, Kingfishers, Alcedinidae; woodpeckers, Picidae; kingbirds and flycatchers, Tyrannidae; larks, Alaudidae; swallows and martins, Hirundinidae; crows, magpies and jays, Corvidae; chickadees and titmice, Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens, Troglodytidae; mockingbirds, catbirds and thrashers, Mimidae; robins, bluebirds and thrushes, Turdidae; gnatcatchers and kinglets, Sylviidae; pipits, Motacillidae; waxwings, Bombycillidae; shrikes, Laniidae; vireos, Vireonidae; warblers, Parulidae; European Tree Sparrow, Passer montanus; blackbirds, meadowlarks and orioles, Icteridae; tanagers, thraupidae; cardinals, grosbeaks, finches, towhees, dickcissels, sparrows, juncos, buntings and longspurs, Fringillidae. GAME MAMMALS-Woodchuck, Marmota monax; Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus niger; White-tailed jackrabbit, Lepus townsendii; Eastern cottontail, Sylvilagus floridanus; Swamp rabbit, Sylvilagus aquaticus; White-tailed deer, Odocoileus virginianus. FUR-BEARING MAMMALS-Muskrat, Ondatra zibethicus; Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum, Didelphis marsupialis; Least weasel, Mustela rixosa; Long-tailed weasel, Mustela frenata; Mink, Mustela vison; River otter, Lutra canadensis; Striped skunk, Mephitis mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray fox, Urocyon cinereoagenteus; Coyote, Canis latrans; Bobcat, Lynx rufus. OTHER MAMMALS-Flying squirrel, Glaucomys volans; Red squirrel, Tamiasciurus hudsonicus; Eastern Woodrat, Neotoma floridana; Golden Mouse, Ochrotomys nuttalli; Rice Rat, Oryzomys palustris; Bats, Vespertilionidae.
It shall be unlawful for any person at any time to take, possess, sell, or offer for sale, any of these wild birds (dead or alive) and parts of wild birds (including their nests and eggs), wild mammals (dead or alive) and parts of wild mammals, including their green hides contrary to the provisions of this Act. However, nothing in this Act shall prohibit bona-fide public or state scientific, educational or zoological institutions from receiving, holding and displaying wildlife specimens that were salvaged or legally obtained.
It shall be unlawful for any person to bring into the State of Illinois for the purpose of holding, releasing, propagating or selling any other living wild animal not covered by this Act without first obtaining a permit from the Director. The permit shall be granted only upon satisfactory proof that the specific animals intended to be imported are free of communicable disease at the time of importation, will not become a nuisance, and will not cause damage to any existing wild or domestic species. Application for this permit shall be filed with the Director not less than 30 days in advance of the proposed date of importation. The Director may incorporate in the permit any restrictions as he may deem appropriate. These provisions shall not apply to any animal imported into this State for the purpose of being confined and exhibited in any zoo or other public display of animals nor to any other animals or groups of animals that the Department of Natural Resources may exempt by administrative rule.
It shall be unlawful for any person to take any other living wild animal not covered by this Act without the permission of the landowner or tenant.
CREDIT(S)
P.A. 77-1781, § 2.2, eff. July 1, 1972. Amended by P.A. 78-826, § 1, eff. Oct. 1, 1973; P.A. 81-382, § 1, eff. Jan. 1, 1980; P.A. 84-150, § 1, eff. Jan. 1, 1986; P.A. 87-126, § 1, eff. Jan. 1, 1992; P.A. 87-298, § 1, eff. Jan. 1, 1992; P.A. 87-895, Art. 2, § 2-32, eff. Aug. 14, 1992; P.A. 89-445, § 9A-62, eff. Feb. 7, 1996; P.A. 95-331, § 990, eff. Aug. 21, 2007.
§ 2.2a. Invasive and exotic wild animals. [NEW 2011]
IL ST CH 520 § 5/2.2a
[S.H.A. 520 ILCS 5/2.2a] (520 ILCS 5/2.2a new)
§ 2.2a. Invasive and exotic wild animals. The Department may prohibit or limit the importation, possession, release into the wild, take, commercialization of take, sale, and propagation of wild mammals, wild birds, and feral livestock that are not defined as protected species in Section 2.2 of this Act, to reduce risks of communicable diseases, nuisances, and damages to wild or domestic species, agricultural crops, property, and environment. The Department shall set forth applicable regulations in an administrative rule. Nothing in this Act shall prohibit bona fide public or State scientific, educational, or zoological institutions from receiving, holding, and displaying unprotected species that were salvaged or legally obtained.
Nothing in this Section shall be construed to criminalize the accidental escape of domestic livestock.
5/2.3. Release of Wildlife--Permission - AMENDED 2011
<< IL ST CH 520 § 5/2.3 >>
[S.H.A. 520 ILCS 5/2.3] (520 ILCS 5/2.3) (from Ch. 61, par. 2.3)
§ 2.3. Release of Wildlife--Permission. It shall be unlawful to release from captivity any live bird or mammal, either indigenous or non-indigenous in this State and that is ordinarily considered a wildlife species protected by this Act, except as provided in Sections 2.2, 2.4, 2.34, 2.37, 3.23 and 3.29, anywhere in this State without first securing the written permission of the Department to do so. The Department may set forth applicable regulations by administrative rule.
(Source: P.A. 84–150.)
Former Text:
It shall be unlawful to release from captivity any live species protected by this Act, except as provided in Sections 2.34, 3.23 and 3.29, anywhere in this State without first securing permission of the Department to do so.
CREDIT(S)
P.A. 77-1781, § 2.3, added by P.A. 84-150, § 1, eff. Jan. 1, 1986.
5/2.4. Birds of prey
§ 2.4. The term birds of prey shall include all species of owls, falcons, hawks, kites, harriers, ospreys and eagles. It shall be unlawful for any person, organization or institution to take or possess a bird of prey (raptor) without first obtaining a license or appropriate permit from the Department. All applicants must be at least 14 years of age. Regulations for the capture, use, possession and transportation of birds of prey for falconry or captive propagation purposes are provided by administrative rule. The fee for a falconry license is $75 for 3 years and must be renewed every 3 years. The fee for a captive propagation permit is $75 for 3 years and must be renewed every 3 years. The fee for a raptor capture permit for a resident of the State of Illinois is $30 per year. The fee for a non-resident raptor capture permit is $50 per year. A Scientific Collectors Permit, available at no charge to qualified individuals as provided in Section 3.22 of this Act, may be obtained from the Department for scientific, educational or zoological purposes. No person may have in their possession Bald Eagle, Haliaeetus leucocephalus; Osprey, Pandion haliaeetus; or Barn Owl, Tyto alba. All captive-held birds of prey must be permanently marked as provided by administrative rule. The use of birds of prey for the hunting of game birds, migratory birds, game mammals, and furbearing mammals shall be lawful during falconry seasons, which shall be set by administrative rule.
CREDIT(S)
P.A. 77-1781, § 2.4, eff. July 1, 1972. Amended by P.A. 81-382, § 1, eff. Jan. 1, 1980; P.A. 85-150, § 7, eff. Jan. 1, 1988; P.A. 85-152, § 1, eff. Jan. 1, 1988; P.A. 85-1209, Art. II, § 2-37, eff. Aug. 30, 1988; P.A. 86-1046, § 1, eff. June 29, 1990; P.A. 87-298, § 1, eff. Jan. 1, 1992.
5/2.5. § 2.5. Repealed by P.A. 81-382, § 2, eff. Jan. 1, 1980
5/2.36a. Value of protected species; violations.
(a) Any person who, for profit or commercial purposes, knowingly captures or kills, possesses, offers for sale, sells, offers to barter, barters, offers to purchase, purchases, delivers for shipment, ships, exports, imports, causes to be shipped, exported, or imported, delivers for transportation, transports or causes to be transported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any animal or part of animal of the species protected by this Act, contrary to the provisions of this Act, and such animals, in whole or in part, are valued at or in excess of a total of $300, as per specie value specified in subsection (c) of this Section, commits a Class 3 felony.
A person shall be guilty of a Class 4 felony if convicted under this Section for more than one violation within a 90-day period where the animals of each violation are not valued at or in excess of $300, but the total value of the animals from the multiple violations is at or in excess of $300. The prosecution for a Class 4 felony for these multiple violations must be alleged in a single charge or indictment and brought in a single prosecution.
(b) Possession of animals, in whole or in part, captured or killed in violation of this Act, valued at or in excess of $600, as per specie value specified in subsection (c) of this Section, shall be considered prima facie evidence of possession for profit or commercial purposes.
(c) For purposes of this Section, the fair market value or replacement cost, whichever is greater, shall be used to determine the value of the species protected by this Act, but in no case shall the minimum value of all species protected by this Act be less than as follows:
(1) Eagle, $500;
(2) Whitetail deer and wild turkey, $250;
(3) Fur-bearing mammals, $25;
(4) Game birds (except the wild turkey) and migratory game birds (except Trumpeter swans), $25;
(5) Owls, hawks, falcons, kites, harriers, and ospreys, and other birds of prey $125;
(6) Game mammals (except whitetail deer), $25;
(7) Other mammals, $50;
(8) Resident and migratory non-game birds (except birds of prey), $50;
(9) Trumpeter swans, $250.
CREDIT(S)
P.A. 77-1781, § 2.36, added by P.A. 82-965, § 2, eff. Sept. 2, 1982. Renumbered § 2.36a and amended by P.A. 87-435, Art. 3, § 3-15, eff. Sept. 10, 1991. Amended by P.A. 90-743, § 5, eff. Jan. 1, 1999.
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