ARTICLE 1. GENERAL PROVISIONS
68/1-1. Short title
68/1-5. Purpose
68/1-10. Administrative agency
68/1-15. Definitions
ARTICLE 5. INDIGENOUS OR NATIVE HERPTILE TAXA
68/5-5. Possession limits
68/5-10. Commercialization; herpetoculture
68/5-15. Protection of habitat
68/5-20. Propagation of endangered or threatened species
68/5-25. Taking of snakes
68/5-30. Taking of turtles or bullfrogs; illegal devices
68/5-35. Areas closed to the taking of reptiles and amphibians
68/5–40. Translocation and release of herptiles
ARTICLE 10. VENOMOUS REPTILES
68/10–5. Venomous reptile defined
68/10–10. Surgically altered venomous reptiles
68/10–15. Venomous reptile permit requirements
68/10–20. Approved venomous reptiles
68/10–25. Maintenance of venomous reptiles
68/10–30. Educational programs with approved venomous reptiles
68/10–35. Transport of approved venomous reptiles
68/10–40. Additional regulations
ARTICLE 15. BOAS, PYTHONS, AND ANACONDAS
68/15–5. Boas, pythons, and anacondas
68/15–10. Maintenance of boas, pythons, and anacondas
68/15–15. Educational programs with boas, pythons, and anacondas
68/15–20. Transport of boas, pythons, and anacondas
68/15–25. Use of boas, pythons, and anacondas at reptile shows
ARTICLE 20. CROCODILIANS
68/20–5. Crocodilians
68/20–10. Crocodilian permit requirements
68/20–15. Maintenance of crocodilians
68/20–20. Educational programs with crocodilians
68/20–25. Transport of crocodilians
68/20–30. Additional regulations
ARTICLE 25. MONITOR LIZARDS
68/25–5. Monitor lizards
68/25–10. Monitor lizard permit requirements
68/25–15. Maintenance of monitor lizards
68/25–20. Educational programs with monitor lizards
68/25–25. Transport of monitor lizards
68/25–30. Additional regulations
ARTICLE 30. TURTLES
68/30–5. Turtle farming
68/30–10. Turtle collection
ARTICLE 35. AMPHIBIANS
68/35–5. Amphibians
ARTICLE 40. HERPTILE SCIENTIFIC COLLECTION PERMITS
68/40–5. Permit issuance
68/40–10. Permit requirements
ARTICLE 45. HERPTILE SCIENTIFIC COLLECTION PERMIT APPLICATION AND FEES
68/45–5. Permit Application and Fees
ARTICLE 50. HERPETOCULTURE PERMITS
68/50–5. Permit issuance
68/50–10. Permit requirements
ARTICLE 55. HERPETOCULTURE PERMIT APPLICATION AND FEES
68/55–5. Permit application and fees
68/55–10. Additional regulations
68/55-15. Intergrade, hybrid, or morphological variation
ARTICLE 60. HERPTILE SPECIAL USE PERMIT REQUIREMENTS
68/60–5. Permit Requirements
ARTICLE 65. HERPTILE SPECIAL USE PERMIT APPLICATION AND FEES
68/65–5. Permit Application and Fees
ARTICLE 70. SUSPENSION OF PRIVILEGES AND REVOCATION OF HERPTILE SPECIAL USE PERMITS
68/70–5. Suspension of Privileges and Revocation of Permits
ARTICLE 75. RECORD KEEPING REQUIREMENTS OF SPECIAL USE HERPTILES
68/75–5. Record Keeping Requirements
ARTICLE 80. INJURY TO A MEMBER OF PUBLIC BY SPECIAL USE HERPTILES
68/80–5. Injury to a Member of Public by Special Use Herptiles
ARTICLE 85. PROHIBITED ACTS WITH SPECIAL USE HERPTILES
68/85–5. Prohibited Acts
Article 87. Herptile Diseases
68/87-5. Herptile diseases
68/87-10. Possession of a disease carrying herptile
ARTICLE 90. PENALTIES
68/90–5. Penalties
68/90-10. Commercial purposes; offenses
ARTICLE 95. CIVIL LIABILITY AND IMMUNITY
68/95–5. Assumption of Risk
68/95–10. Civil Liability and Immunity
ARTICLE 100. SEIZURE AND FORFEITURE
68/100–5. Prima facie evidence; confiscation
68/100–10. Search and seizure
68/100–15. Seizure and forfeiture
ARTICLE 105. GENERAL PROVISIONS
68/105–5. Administrative rules
68/105–10. Conservation of herptiles
68/105–15. Peace officers
68/105–20. Arrests; warrants
68/105–25. Prosecutions; State's Attorneys
68/105–30. Statute of limitations
68/105–35. Collection of fines
68/105–40. Power of entry and examination; access to lands and waters
68/105–45. Obstructing an officer
68/105–50. Posing as an officer or employee
68/105–55. Illegal collecting devices; public nuisance
68/105–60. Violations; separate offenses
68/105–65. Accessory to violation; accountability
68/105–70. Permit fraudulently obtained
68/105–75. Wildlife and Fish Fund; disposition of money received
68/105–80. Ownership and title of wild indigenous reptiles and amphibians
68/105–85. Application
68/105–90. Taking on private property
68/105–95. Financial value of herptiles
68/105–100. Home rule
ARTICLE 110. EXEMPTIONS
68/110–5. Exemptions
ARTICLE 1 GENERAL PROVISIONS
68/1-1. Short title
§ 1-1. Short title. This Act may be cited as the Herptiles-Herps Act.
Credits
P.A. 98-752, § 1-1, eff. Jan. 1, 2015.
§ 1-5. Purpose. The purpose of this Act is to regulate the protection, control, possession, and propagation of herptiles in this State.
Credits
P.A. 98-752, § 1-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/1-10. Administrative agency
§ 1-10. Administrative agency. This Act shall be administered and under the direction of the Department of Natural Resources.
Credits
P.A. 98-752, § 1-10, eff. Jan. 1, 2015.
§ 1-15. Definitions. For the purposes of this Act, unless the context clearly requires otherwise, the following terms are defined as:
“Administrative rule” means a regulatory measure issued by the Director under this Act.
“Authorized law enforcement officer” means all sworn members of the Law Enforcement Division of the Department and those persons specifically granted law enforcement authorization by the Director.
“Bona fide scientific or educational institution” means confirming educational or scientific tax-exemption, from the federal Internal Revenue Service or the applicant's national, state, or local tax authority, or a statement of accreditation or recognition as an educational institution.
“Contraband” means all herptiles or any part of a herptile taken, bought, sold or bartered, shipped, or held in possession or any conveyance, vehicle, watercraft, or other means of transportation whatsoever, except sealed railroad cars or other sealed common carriers, used to transport or ship any herptile or any part of a herptile taken, contrary to this Act, including administrative rules, or used to transport, contrary to this Act, including administrative rules, any of the specified species when taken illegally.
“Culling” means picking out from others and removing rejected members because of inferior quality.
“Department” means the Illinois Department of Natural Resources.
“Director” means the Director of the Illinois Department of Natural Resources.
“Educational program” means a program of organized instruction or study for providing education intended to meet a public need.
“Endangered or threatened species” means any reptile or amphibian species listed as endangered or threatened to the species level on either the Illinois List of Endangered and Threatened Fauna or the federal U.S. Fish and Wildlife Service List of Threatened and Endangered Species.
“Herpetoculture” means the breeding, hatching, propagation, or raising of indigenous or native herptiles in captivity.
“Herptile” means any amphibian or reptile taxon and includes any species, hybrid, or intergrade thereof.
“Hybrid” means the offspring of 2 herptiles of different breeds, varieties, species, or genera.
“Indigenous or native taxa” means those amphibians and reptiles to the subspecies level that can be found naturally in this State.
“Individual” means a natural person.
“Intergrade” means the offspring of 2 herptiles of different subspecies.
“Medically significant” means a venomous or poisonous species whose venom or toxin can cause death or serious illness or injury in humans that may require emergency room care or the immediate care of a physician. These species are categorized as being “medically significant” or “medically important”.
“Morphological variation” means the form and structure of a herptile or any part of a herptile. “Morphological variation” includes the outward appearance, structure, shape, color, pattern, and size of a herptile.
“Owner” means an individual who has a legal right to the possession of a herptile.
“Person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, or group.
“Possession limit” means the maximum number or amount of herptiles that can be lawfully held or possessed by one person at any time.
“Possessor” means any person who possesses, keeps, harbors, brings into the State, cares for, acts as a custodian for, has in his or her custody or control, or holds a property right to a herptile.
“Propagation” means the act or process of maintaining any herptile in its natural environment or in a controlled environment that intentionally or unintentionally results in the production of eggs or offspring from the parent stock. “Propagation” includes the attempt to produce eggs or offspring from the parent stock.
“Reptile show” means any event open to the public, for a fee or without a fee, that is not a licensed pet store, where herptiles or herptiles together with other animals are exhibited, displayed, sold, bought, traded, or otherwise made available for public display.
“Resident” means a person who in good faith makes application for any license or permit and verifies by statement that he or she has maintained his or her permanent abode in this State for a period of at least 30 consecutive days immediately preceding the person's application, and who does not maintain permanent abode or claim residency in another state for the purposes of obtaining any of the same or similar licenses or permits under this Act. A person's permanent abode is his or her fixed and permanent dwelling place, as distinguished from a temporary or transient place of residence. Domiciliary intent is required to establish that the person is maintaining his or her permanent abode in this State. Evidence of domiciliary intent includes, but is not limited to, the location where the person votes, pays personal income tax, or obtains a drivers license. Any person on active duty in the Armed Forces shall be considered a resident of Illinois during his or her period of military duty.
“Special use herptile” means any taxon of amphibian or reptile set forth in administrative rule for which a Herptile Special Use permit is required.
“Take” means possess, collect, catch, detain, hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare, harass, or an attempt to do so.
“Transport” or “ship” means to convey by parcel post, express, freight, baggage, or shipment by common carrier or any description; by automobile, motorcycle, or other vehicle of any kind; by water or aircraft of any kind; or by any other means of transportation.
“Turtle farming” means the act of breeding, hatching, raising, selling turtles, or any combination commercially for the purpose of providing turtles, turtle eggs, or turtle parts to pet suppliers, exporters, and food industries.
Credits
P.A. 98-752, § 1-15, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 5. INDIGENOUS OR NATIVE HERPTILE TAXA
§ 5-5. Possession limits.
(a) The possession limit for herptiles (excluding common snapping turtles and bullfrogs) is no more than 4 total per species. The possession of one or more parts of the body of the same individual herptile shall equal one individual herptile of a species. In no case shall a person possess more than 8 indigenous amphibian or reptiles in total. Young of gravid wild-collected amphibians and reptiles shall be returned to the site of adult capture after birth. The possession limit for common snapping turtles and bullfrogs shall be set by administrative rule.
(b) Only residents may possess herptiles collected from the wild within this State under a valid sport fishing license; non-residents may not possess herptiles collected from the wild within this State except for scientific purposes after first obtaining, a Herptile Scientific Collection permit.
(c) All herptile species (other than bullfrogs and common snapping turtles) shall be captured by hand only, unless otherwise authorized by this Act or administrative rule. This shall not restrict the use of legally taken herptiles as bait by anglers only, unless otherwise authorized by this Act or administrative rule. Any captured herptiles that are not to be retained in the possession of the captor shall be immediately released at the site of capture, unless taken with a lethal method such as bow and arrow, gig, spear, or pitchfork which does not permit release without harm. All common snapping turtles and bullfrogs taken from the wild must be kept and counted in the daily catch creel or bag. No culling of species taken from the wild is permitted.
(d) The trier of fact may infer that a person is collecting from the wild within this State if he or she possesses indigenous reptiles or amphibians, in whole or in part, if no documentation exists stating that the animals were legally collected from the wild outside of this State.
(e) A resident of this State in possession of more than the allowed possession limit set forth in subsection (a) must obtain and have in his or her possession either a Herptile Scientific Collection permit or Herpetoculture permit from the Department, regardless of the origin of the species. Unless exempt under the provisions of Section 20 of the Fish and Aquatic Life Code, a sport fishing license is required for residents to legally collect any native herptile taxon on private land, with the landowner's permission. Collecting herptiles on public lands shall require the agency that manages the land to authorize the collecting of herptiles on the public land under its control.
(f) Any resident wishing to possess more than his or her allowed possession limit shall first apply to the Department for a Herptile Scientific Collection permit or Herpetoculture permit to do so. Issuance, modification, or denial of any and all of these permits shall be at the sole discretion of the Department. Procedures for the issuance, modification, or denial of permits shall be set forth by administrative rule.
(g) (Blank).
Credits
P.A. 98-752, § 5-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/5-10. Commercialization; herpetoculture
§ 5-10. Commercialization; herpetoculture.
(a) It is unlawful to take, possess, buy, sell, offer to buy or sell or barter any herptile, or their eggs, any resulting offspring, or parts taken from the wild in this State for commercial purposes unless otherwise authorized by law.
(b) The trier of fact may infer that a person is collecting from the wild within this State for commercial purposes if he or she possesses indigenous herptiles, in whole or in part, for which no documentation exists stating that the animals were legally collected from the wild outside this State.
(c) (Blank).
(d) A valid, Department-issued Herpetoculture permit shall apply only to indigenous herptile taxa. A Herpetoculture permit shall not be required in order to commercialize non-indigenous herptile taxa except as otherwise prohibited or regulated under this Act or federal law.
(e) Indigenous herptile taxa collected from the wild in this State may not be bred unless otherwise authorized by the Department for research or recovery purposes unless otherwise authorized by this Act or administrative rule.
Credits
P.A. 98-752, § 5-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/5-15. Protection of habitat
§ 5-15. Protection of habitat. Habitat features that are disturbed in the course of searching for herptiles shall be returned to as near its original position and condition as possible.
Credits
P.A. 98-752, § 5-15, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/5-20. Propagation of endangered or threatened species
§ 5-20. Propagation of endangered or threatened species.
(a) No person shall take or possess for the purpose of propagation any of the herptiles listed in the Illinois Endangered Species Protection Act, the federal Endangered Species Act of 1973, or administrative rules unless authorized by a Herptile Endangered and Threatened Species Propagation permit issued by the Department. For the purpose of propagation only, a Herptile Endangered and Threatened Species Propagation permit shall allow a resident of this State to possess, propagate, or sell legally obtained endangered and threatened herptiles. The Department shall adopt rules relating to the acquisition, possession, and propagation of legally obtained endangered and threatened herptiles. The Department shall determine, by rule, the application, fees, duration, and other requirements necessary for the issuance or suspension or revocation of a Herptile Endangered and Threatened Species Propagation permit. All fees collected from the issuance of a Herptile Endangered and Threatened Species Propagation permit shall be deposited into the Illinois Wildlife Preservation Fund.
(b) Any person issued a Herptile Endangered and Threatened Species Propagation permit by the Department who is in possession of a threatened or endangered (T/E) herptile species shall be exempt from an individual's overall possession limit under the permitting system set forth in this Act. However, the holder of a Herptile Endangered and Threatened Species Propagation permit is not exempt from the species limitations set forth in the administrative rules regarding the Herptile Endangered and Threatened Species Propagation permit. Any species occurring on the federal T/E list also requires a Department permit for possession, propagation, sale, or offer for sale unless otherwise permitted under this Act or administrative rule.
(c) (Blank).
(d) Federally licensed exhibits shall not be exempt from the Illinois Endangered Species Protection Act, this Act, or administrative rule.
(e) Any changes in threatened or endangered species inventory for herptiles by current, existing Herptile Endangered and Threatened Species Propagation permit holders shall be reported to the Department in writing no later than the first business day after that change occurred. Applications for permits to possess and take herptiles shall be reviewed by the Department as provided by this Act or administrative rule.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
Credits
P.A. 98-752, § 5-20, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
§ 5-25. Taking of snakes. Unless otherwise provided in this Act, any non-threatened or non-endangered snake may be taken by the owners or bona fide tenants of lands actually residing on the lands and their children, parents, brothers, and sisters permanently residing with them.
Credits
P.A. 98-752, § 5-25, eff. Jan. 1, 2015.
§ 68/5-30. Taking of turtles or bullfrogs; illegal devices.
§ 5-30. Taking of turtles or bullfrogs; illegal devices.
(a) Turtles or bullfrogs may be taken only by methods set forth in administrative rule.
(b) Bullfrog; common snapping turtle; open season.
(1) All persons taking bullfrogs shall possess a valid sport fishing license issued under Article 20 of the Fish and Aquatic Life Code and may take bullfrogs only during the open season to be specified by administrative rule.
(2) The daily catch limit and total possession limit for all properly licensed persons shall be specified by administrative rule.
(3) All persons taking common snapping turtles shall possess a valid sport fishing license issued under Article 20 of the Fish and Aquatic Life Code and may take common snapping turtles only during the open season to be specified by administrative rule. Common snapping turtles (Chelydra serpentina) may be taken only by methods set forth in administrative rule, except in the counties listed in administrative rule where bowfishing for common snapping turtles is not allowed.
(4) The daily catch limit and total possession limit for all properly licensed persons shall be specified by administrative rule.
(c) (Blank).
Credits
P.A. 98-752, § 5-30, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/5-35. Areas closed to the taking of reptiles and amphibians
§ 5-35. Areas closed to the taking of reptiles and amphibians.
(a) Unless otherwise allowed under the provisions of this Act or administrative rule, the taking of herptiles at any time and by any method is prohibited in the
LaRue-Pine Hills or Otter Pond Research Natural Area in Union County. Unless otherwise authorized, possession of any collecting equipment is prohibited within the area.
(b) For the protection and preservation of any herptile taxa, the Department may close any area to prevent the taking, collecting, or killing of herptiles. The Department may close an area for purposes that include the biological significance or importance of a species or location or for the prevention, containment, or treatment of disease. The Department shall adopt procedures for the closure of an area by administrative rule.
(c) (Blank).
Credits
P.A. 98-752, § 5-35, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/5-40. Translocation and release of herptiles
§ 10-40. Additional regulations. Venomous reptiles shall not be bred, sold, or offered for sale within this State. The Department may approve limited transfers among existing permittees as set forth in administrative rule.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to use venomous reptiles in bona fide educational programs. The fee for the permit shall be set by administrative rule, and all fees shall be deposited into the Illinois Wildlife Preservation Fund.
Credits
P.A. 98-752, § 10-40, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
68/10-5. Venomous reptile defined
Venomous reptiles include, but are not limited to, any medically significant venomous species of the families or genera of the Order Squamata: Helodermatidae, such as gila monsters and beaded lizards; Elapidae, such as cobras and coral snakes; Hydrophiidae, such as sea snakes; Viperidae and Crotalinae, such as vipers and pit vipers; Atractaspididae, such as burrowing asps; Colubridae in the following genera that shall be determined by administrative rule: West Indian racers (Alsophis); boigas and mangrove snakes (Boiga); road guarders (Conophis); Boomslangs (Dispholidus); false water cobras (Hydrodynastes); varied or hooded keelbacks (Macropisthodon); Montpellier snakes (Malpolon); kukri snakes (Oligodon); collared snakes (Phalotris); palm snakes or green racers (Philodryas); sand snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked snakes (Rhamphiophis); twig snakes (Thelotornis); black tree snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes (Waglerophis); false fer-de-lances (Xenodon); specimens or eggs of the brown tree snake (Boiga irregularis); and any other species added through legislative process designated.
Credits
P.A. 98-752, § 10-5, eff. Jan. 1, 2015.
68/10-10. Surgically altered venomous reptiles
It is not a defense to a violation of Article 65 that the person violating that Article has had the venomous reptile surgically altered to render it harmless.
Credits
P.A. 98-752, § 10-10, eff. Jan. 1, 2015.
68/10-15. Venomous reptile permit requirements
In addition to those requirements listed in Articles 60 and 65 of this Act, Herptile Special Use permits may be issued to residents using approved venomous reptile species only for bona fide educational programs, following an inspection and approval of the proposed facilities. A minimum of 6 documented programs shall be required of each permittee per calendar year. Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department by administrative rule and documented proof of educational programs completed on the recipient's letterhead. Prospective permittees must have 250 documented hours of experience with venomous reptiles. The Department or the Department of Agriculture reserves the right to inspect permittees and facilities during reasonable hours. Additions to permits must be approved prior to acquisition of additional venomous reptiles, and any changes shall be reported to the Department in writing no later than the first business day after that change occurred.
Credits
P.A. 98-752, § 10-15, eff. Jan. 1, 2015.
68/10-20. Approved venomous reptiles
Permittees may keep legally obtained venomous reptile specimens native to the United States, except the following species: Eastern diamondback rattlesnakes (Crotalus adamanteus); Western diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes (Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus oreganus helleri); Eastern and Texas coral snakes (Micrurus fulvius); Sonoran coral snakes (Micruroides euryxanthus); and timber/canebrake rattlesnakes (Crotalus horridus) from the southern portions of their range (Oklahoma, southern Arkansas, Louisiana, and also southeastern South Carolina south through eastern Georgia to northern Florida), known as “Type A” and containing canebrake toxin.
Except for Boomslangs (Dispholidus), twig snakes (Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green racer (Philodryas olfersii), and brown tree snake (Boiga irregularis), medically significant snakes in the family Colubridae defined in Section 10-5 of this Article may be possessed with a permit.
Credits
P.A. 98-752, § 10-20, eff. Jan. 1, 2015.
68/10-25. Maintenance of venomous reptiles
Permittees shall keep approved venomous reptiles in strong escape-proof enclosures that at a minimum are: impact resistant, locked at all times, prominently labeled with the permittee's full name, address, telephone number, list of cage contents by scientific and common names, and a sign labeled “venomous”. The signage shall also include the type and location of antivenom and contact information of the person or organization possessing the antivenom.
Credits
P.A. 98-752, § 10-25, eff. Jan. 1, 2015.
68/10-30. Educational programs with approved venomous reptiles
Permittees shall keep approved venomous reptiles in strong escape-proof enclosures that at a minimum are: impact resistant, locked at all times, prominently labeled with the permittee's full name, address, telephone number, list of cage contents by scientific and common names, and a sign labeled “venomous”. Labeling shall also include the type and location of antivenom and contact information of the person or organization possessing the antivenom. Interiors of enclosures may not be accessible to the public.
Credits
P.A. 98-752, § 10-30, eff. Jan. 1, 2015.
68/10-35. Transport of approved venomous reptiles
During transport of any approved venomous reptile, it must be kept out of sight of the public in an escape-proof enclosure at all times that is labeled “venomous”. Transport of any venomous reptile to any public venue, commercial establishment, retail establishment, or educational institution shall only be for bona fide educational programs or veterinary care.
Credits
P.A. 98-752, § 10-35, eff. Jan. 1, 2015.
68/10-40. Additional regulations
§ 10-40. Additional regulations. Venomous reptiles shall not be bred, sold, or offered for sale within this State. The Department may approve limited transfers among existing permittees as set forth in administrative rule.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to use venomous reptiles in bona fide educational programs. The fee for the permit shall be set by administrative rule, and all fees shall be deposited into the Wildlife Preservation Fund.
Credits
P.A. 98-752, § 10-40, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 15. BOAS, PYTHONS, AND ANACONDAS
68/15-5. Boas, pythons, and anacondas
§ 15-5. Boas, pythons, and anacondas. Unless contrary to any other law or rule, nothing shall prohibit lawfully acquired possession of any of the Boidae family, such as boas, pythons, and anacondas, provided captive maintenance requirements from the Department as set forth in this Act are met. All boas, pythons, and anacondas referenced in this Act are exempt from the permit process, associated annual fee, and liability insurance coverage.
Credits
P.A. 98-752, § 15-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/15-10. Maintenance of boas, pythons, and anacondas
Any species of boa, python, or anaconda not native to the United States, regardless of length, must be properly maintained in suitable, strong, impact resistant, escape-proof enclosures at all times unless being used for bona fide educational programs or trips for veterinary care.
Credits
P.A. 98-752, § 15-10, eff. Jan. 1, 2015.
68/15-15. Educational programs with boas, pythons, and anacondas
During any bona fide educational program involving boas, pythons, or anacondas not native to the United States, the owner or affiliated agent must maintain physical possession of the snake at all times if removed from a container or cage. Interiors of cages or containers used during educational programs may not be accessible to the public.
Credits
P.A. 98-752, § 15-15, eff. Jan. 1, 2015.
68/15-20. Transport of boas, pythons, and anacondas
During transport of any boa, python, or anaconda, the snake must be kept out of sight of the public in an escape-proof enclosure at all times.
Credits
P.A. 98-752, § 15-20, eff. Jan. 1, 2015.
68/15-25. Use of boas, pythons, and anacondas at reptile shows
An owner or affiliated agent must have physical possession and control of any boa, python, or anaconda that is not native to the United States at all times if removed from a container or cage. Uncontained boas, pythons, or anacondas removed from cages for examination or onlooker interaction must be kept confined either behind or at a display table. Interiors of cages or containers may not be accessible to the public.
Credits
P.A. 98-752, § 15-25, eff. Jan. 1, 2015.
“Crocodilians” means any species of the Order Crocodilia, such as crocodiles, alligators, caimans, and gavials.
Credits
P.A. 98-752, § 20-5, eff. Jan. 1, 2015.
68/20-10. Crocodilian permit requirements
In addition to the requirements listed in Articles 60 and 65 of this Act, Herptile Special Use permits may be issued to residents using crocodilian species only for bona fide educational programs, following an inspection and approval of the proposed facilities. A minimum of 6 documented programs shall be required of each permittee per calendar year. Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department and documented proof of educational programs completed on the recipient's letterhead. The Department or the Department of Agriculture reserves the right to inspect permittees and facilities during reasonable hours. Additions to permits must be approved prior to acquisition of additional crocodilians, and any changes shall be reported to the Department in writing no later than the first business day after that change occurred.
Credits
P.A. 98-752, § 20-10, eff. Jan. 1, 2015.
68/20-15. Maintenance of crocodilians
Permittees shall keep crocodilians maintained in suitable, strong, impact resistant, escape-proof enclosures at all times unless being used for bona fide educational programs or trips for veterinary care.
Credits
P.A. 98-752, § 20-15, eff. Jan. 1, 2015.
68/20-20. Educational programs with crocodilians
During any bona fide educational program involving crocodilians, the owner or affiliated agent must maintain physical possession and control of the crocodilian at all times if removed from a container or cage. Interiors of cages or containers used during educational programs may not be accessible to the public. Crocodilians removed from their cage or enclosure for educational programs must have either the mouth banded or taped shut or kept at a minimum of 10 feet from the public and also kept out of direct contact with the public.
Credits
P.A. 98-752, § 20-20, eff. Jan. 1, 2015.
68/20-25. Transport of crocodilians
During transport of any crocodilian, it must be kept out of sight of the public in an escape-proof enclosure at all times. Transport of any crocodilian to any public venue, commercial establishment, retail establishment, or educational institution shall only be for bona fide educational programs or veterinary care.
Credits
P.A. 98-752, § 20-25, eff. Jan. 1, 2015.
68/20-30. Additional regulations
§ 20-30. Additional regulations. Crocodilians shall not be bred, sold, or offered for sale within this State. However, the Department may approve, by rule, limited transfers among existing permittees.
As determined by the Department through administrative rule, non-residents may apply for a permit not to exceed 15 consecutive days to use crocodilians in bona fide educational programs. The fee for this permit shall be set by administrative rule, and all fees shall be deposited into the Illinois Wildlife Preservation Fund.
Credits
P.A. 98-752, § 20-30, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
§ 25-5. Monitor lizards. “Monitor lizards” means the following members of the Varanidae family, specifically crocodile monitors and Komodo dragons.
Credits
P.A. 98-752, § 25-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/25-10. Monitor lizard permit requirements
In addition to those requirements listed in Articles 60 and 65 of this Act, Herptile Special Use permits may be issued to residents using monitor lizard species only for bona fide educational programs, following an inspection and approval of the proposed facilities. A minimum of 6 documented programs on the family Varanidae shall be required of each permittee per calendar year. Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department and documented proof of educational programs completed on the recipient's letterhead. The Department or the Department of Agriculture reserves the right to inspect permittees and facilities during reasonable hours. Additions to permits must be approved prior to acquisition of additional monitor lizards, and any changes shall be reported to the Department in writing no later than the first business day after that change occurred.
Credits
P.A. 98-752, § 25-10, eff. Jan. 1, 2015.
68/25-15. Maintenance of monitor lizards
Permittees shall keep monitor lizards maintained in suitable, strong, impact resistant, escape-proof enclosures at all times unless being used for bona fide educational programs or trips for veterinary care.
Credits
P.A. 98-752, § 25-15, eff. Jan. 1, 2015.
68/25-20. Educational programs with monitor lizards
During any bona fide educational program involving monitor lizards, the owner or affiliated agent must maintain physical possession and control of the monitor lizard at all times if removed from a container or cage. Interiors of cages or containers used during educational programs may not be accessible to the public. Monitor lizards removed from their cage or enclosure for educational programs must have either the mouth banded or taped shut, or kept at a minimum of 10 feet from the public and also kept out of direct contact with the public.
Credits
P.A. 98-752, § 25-20, eff. Jan. 1, 2015.
68/25-25. Transport of monitor lizards
During transport of any monitor lizard, it must be kept out of sight of the public in an escape-proof enclosure at all times. Transport of a monitor lizard to any public venue, commercial establishment, retail establishment, or educational institution shall only be for bona fide educational programs or veterinary care.
Credits
P.A. 98-752, § 25-25, eff. Jan. 1, 2015.
68/25-30. Additional regulations
§ 25-30. Additional regulations. Monitor lizards shall not be bred, sold, or offered for sale within this State. However, the Department may approve, by rule, limited transfers among existing permittees.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to use monitor lizards in bona fide educational programs. The fee for the permit shall be set by administrative rule, and all fees shall be deposited into the Illinois Wildlife Preservation Fund.
Credits
P.A. 98-752, § 25-30, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
Turtles shall not be commercially farmed in this State.
Credits
P.A. 98-752, § 30-5, eff. Jan. 1, 2015.
§ 30-10. Turtle collection. Collection of wild turtles for races or other types of events involving congregating and gathering numbers of wild turtles is prohibited in counties where ranavirus has been documented. Inclusion on the county list shall be determined by administrative rule.
Credits
P.A. 98-752, § 30-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
§ 35-5. Amphibians. For the purposes of this Section, “amphibians” means those medically significant poisonous amphibians capable of causing bodily harm to humans or animals, including, but not limited to, cane or marine toads (Bufo marinus) and Colorado river toads (Bufo alvarius), or any other amphibian found to be medically significant and listed in administrative rule. Amphibians defined in this Section shall only be allowed for bona fide educational purposes or research purposes by bona fide scientific or educational institutions.
Poison dart frogs bred and raised in captivity shall be exempt from the permit process.
Credits
P.A. 98-752, § 35-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 40. HERPTILE SCIENTIFIC COLLECTION PERMITS
§ 40-5. Permit issuance. Herptile Scientific Collection permits may be granted by the Department under administrative rule, to any properly accredited person at least 18 years of age, permitting the capture, marking, handling, banding, or collecting (including hide, skin, bones, teeth, claws, nests, eggs, or young), for strictly scientific purposes, of any of the herptiles not listed as endangered or threatened but now protected under this Act. A Herptile Scientific Collection permit may be granted under administrative rule for purpose of salvaging dead, sick, or injured herptiles not listed as endangered or threatened but protected by this Act for permanent donation to bona fide public or state scientific, educational, or zoological institutions. Collecting herptiles on public lands shall require additional permits.
Credits
P.A. 98-752, § 40-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
§ 40-10. Permit requirements. The criteria and standards for a Herptile Scientific Collection permit shall be provided by administrative rule. The Department shall set forth applicable rules covering qualifications and facilities needed to obtain a permit. Disposition of herptiles taken under the authority of this Article shall be specified by the Department. The holder of each permit shall make to the Department a report in writing upon forms furnished by the Department as provided by administrative rule. These reports shall be made (i) annually if the permit is granted for a period of one year or (ii) within 30 days after the expiration of the permit if the permit is granted for a period of less than one year. These reports shall include all information that is required by the Department.
Credits
P.A. 98-752, § 40-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
P.A. 98-752, § 45-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
P.A. 98-752, § 50-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
P.A. 98-752, § 50-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 55. HERPETOCULTURE PERMIT APPLICATION AND FEES
68/55-5. Permit application and fees§ 55-5. Permit application and fees. An applicant for a Herpetoculture permit must file an application with the Department on a form provided by the Department. The application must include all information and requirements as set forth by administrative rule. The application for these permits shall be reviewed by the Department to determine if a permit will be issued.
P.A. 98-752, § 55-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
68/55-10. Additional regulations§ 55-10. Additional regulations. Nothing in Articles 50 and 55 shall be construed to give permittees authority to breed, hatch, propagate, sell, offer for sale, or otherwise commercialize any herptile or parts thereof from herptiles indigenous to this State, either partially or in whole, that originate from the wild in this State.
P.A. 98-752, § 55-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
Morphological variety relating to color or pattern variations that are different from the normal, wild-type coloration or pattern of any herptile indigenous to this State or listed as a threatened or endangered species in the Illinois Endangered Species Protection Act shall be treated as indigenous or native Illinois herptile taxa subject to this Act.
P.A. 98-752, § 55-15, added by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 60. HERPTILE SPECIAL USE PERMIT REQUIREMENTS
§ 60-5. Permit requirements. Prior to any person obtaining a Herptile Special Use permit, the following criteria must be met:
(1) the person was in legal possession and is the legal possessor of the herptile prior to the effective date of this Act and the person applies for and is granted a Personal Possession permit for each special use herptile in the person's possession within 30 days after the enactment of this Act; or
(2) prior to acquiring a Herptile Special Use permit, the person must provide the name, address, date of birth, permit number, telephone number of the possessor, type or species, and the date the herptile is to be acquired.
The applicant must comply with all requirements of this Act and the rules adopted by the Department to obtain a Herptile Special Use permit. Prior to the issuance of the Herptile Special Use permit, the applicant must provide proof of liability insurance or surety bond, either individually, or in the name of the entity engaged in bona fide educational programs, in the amount of $100,000 for each special use herptile up to a maximum of $1,000,000 and the insurance or surety bond is to be maintained during the term of the permit for liability for any incident arising out of or relating to the special use herptile.
Credits
P.A. 98-752, § 60-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 65. HERPTILE SPECIAL USE PERMIT APPLICATION AND FEES
§ 65-5. Permit application and fees. An applicant for a Herptile Special Use permit must file an application with the Department on a form provided by the Department. The application must include all information and requirements as set forth by administrative rule.P.A. 98-752, § 65-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
ARTICLE 70. SUSPENSION OF PRIVILEGES AND REVOCATION OF HERPTILE SPECIAL USE PERMITS
68/70-5. Suspension of privileges and revocation of permits§ 70-5. Suspension of privileges and revocation of permits. A person who does not hold a Herptile Special Use permit or Limited Entry permit and who violates a provision of this Act, an administrative rule authorized under this Act, or a provision of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing of any herptile protected by this Act, when any part of the United States Code violation occurred in Illinois, shall have his or her privileges under this Act suspended for a period to be set by administrative rule. Department suspensions and revocations shall be addressed by administrative rule.
P.A. 98-752, § 70-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 102-837, § 10, eff. May 13, 2022.
ARTICLE 75. RECORD KEEPING REQUIREMENTS OF SPECIAL USE HERPTILES
68/75-5. Record keeping requirements
A person who possesses a special use herptile must maintain records pertaining to the acquisition, possession, and disposition of the special use herptile as provided by administrative rule. These records shall be maintained for a minimum of 2 years after the date the special use herptile is no longer in possession of the permit holder. All records are subject to inspection by authorized law enforcement officers. In addition to maintaining records, all special use herptiles must be either pit-tagged or microchipped to individually identify them and the pit-tag or microchip numbers are also to be maintained as other pertinent records, unless otherwise provided by administrative rule.
Credits
P.A. 98-752, § 75-5, eff. Jan. 1, 2015.
ARTICLE 80. INJURY TO A MEMBER OF PUBLIC BY SPECIAL USE HERPTILES
68/80-5. Injury to a member of public by special use herptiles
§ 80-5. Injury to a member of public by special use herptiles. A person who possesses a special use herptile without complying with the requirements of this Act and the rules adopted under the authority of this Act and whose special use herptile causes bodily harm to a person when the possessor knew or should have known that the herptile had a propensity, when provoked or unprovoked, to harm, cause injury to, or otherwise substantially endanger a member of the public is guilty of a Class A misdemeanor. A person who possesses a special use herptile without complying with the requirements of this Act and the rules adopted under the authority of this Act and whose special use herptile causes great bodily harm or death to a person when the possessor knew or should have known that the herptile had a propensity, when provoked or unprovoked, to harm, cause injury to, or otherwise substantially endanger a member of the public is guilty of a Class 4 felony.P.A. 98-752, § 80-5, eff. Jan. 1, 2015. Amended by P.A. 99-642, § 510, eff. July 28, 2016; P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 85. PROHIBITED ACTS WITH SPECIAL USE HERPTILES
Except as otherwise provided in this Act or by administrative rule, a person shall not own, possess, keep, import, transfer, harbor, bring into this State, breed, propagate, buy, sell, or offer to sell, or have in his or her custody or control a special use herptile.
A person shall not release any special use herptile into the wild at any time unless authorized by the Director in writing. The possessor of a special use herptile must immediately contact the animal control authority or law enforcement agency of the municipality or county where the possessor resides if a special use herptile escapes or is released.
The possessor of a special use herptile shall not keep, harbor, care for, transport, act as the custodian of, or maintain in his or her possession the special use herptile in anything other than an escape-proof enclosure.
The possessor of a special use herptile shall not transport the special use herptile to or possess the special use herptile at a public venue, commercial establishment, retail establishment, or educational institution unless specifically authorized by permit or required to render veterinary care to the special use herptile.
The possessor of a special use herptile, at all reasonable times, shall not deny the Department or its designated agents and officers access to premises where the possessor keeps a special use herptile to ensure compliance with this Act.
Except as otherwise provided in this Act or by administrative rule, a person shall not buy, sell, or barter, or offer to buy, sell, or barter a special use herptile.
Credits
P.A. 98-752, § 85-5, eff. Jan. 1, 2015.
Article 87. Herptile Diseases
§ 87-5. Herptile diseases. The Department may investigate, in conjunction with a licensed veterinarian, the transmission or potential transmission of any disease in a natural or captive population of an amphibian or reptile species. The Department may promulgate administrative rules to identify specific herptile diseases, pathogens, or fungi, as well as treatment and caretaking requirements. Any herptile harboring a disease, pathogen, or fungus specified in administrative rule may be subject to confiscation and forfeiture. A licensed veterinarian shall notify the Department under administrative rule after the discovery of a herptile that is harboring a disease, pathogen, or fungus specified in administrative rule.
Credits
P.A. 98-752, § 87-5, added by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/87-10. Possession of a disease carrying herptile
§ 87-10. Possession of a disease carrying herptile.
(a) Upon discovery that a herptile is harboring a disease, pathogen, or fungus specified in administrative rule, the owner or person in possession of the herptile shall notify the Department under administrative rule.
(b) An owner or person in possession of a herptile that he or she knows or reasonably should know is harboring a disease, pathogen, or fungus specified in administrative rule shall comply with all administrative rules regarding the treatment and caretaking requirements.
(c) A violation of this Section is a Class C misdemeanor.
Credits
P.A. 98-752, § 87-10, added by P.A. 102-315, § 5, eff. Jan. 1, 2022.
§ 90-5. Penalties.
P.A. 98-752, § 90-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
P.A. 98-752, § 90-10, added by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 95. CIVIL LIABILITY AND IMMUNITY
68/95-5. Assumption of risk§ 95-5. Assumption of risk. Each person who owns, possesses, or keeps a herptile expressly assumes the risk of and legal responsibility for injury, loss, or damage to the person or property that results from the ownership, possession, or keeping, of the herptile. Each owner, keeper, or possessor of a herptile shall be solely liable to manage, care for, and control a particular herptile species, and it shall be the duty of each owner, keeper, or possessor, to maintain reasonable control of the particular herptile at all times, and to refrain from acting in a manner that may cause or contribute to the injury of person, whether in public or on private property.
P.A. 98-752, § 95-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/95-10. Civil liability and immunity§ 95-10. Civil liability and immunity.
P.A. 98-752, § 95-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 100. SEIZURE AND FORFEITURE
68/100-5. Prima facie evidence; confiscation§ 100-5. Prima facie evidence; confiscation. The possession of any herptile, special use herptile, or part of any herptile or special use herptile protected under this Act is prima facie evidence that the herptile or special use herptile or any part of is subject to the provisions of this Act, including administrative rules.
P.A. 98-752, § 100-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/100-10. Search and seizure§ 100-10. Search and seizure. Whenever any authorized employee of the Department, sheriff, deputy sheriff, or other peace officer of the State has reason to believe that any person, owner, possessor, commercial institution, pet store, or reptile show vendor or attendee possesses any herptile or any part or parts of a herptile contrary to the provisions of this Act, including administrative rules, he or she may file, or cause to be filed, a sworn complaint to that effect before the circuit court and procure and execute a search warrant. Upon execution of the search warrant, the officer executing the search warrant shall make due return of the search warrant to the court issuing the search warrant, together with an inventory of all the herptiles or any part or parts of a herptile taken under the search warrant. The court shall then issue process against the party owning, controlling, or transporting the herptile or any part of a herptile seized, and upon its return shall proceed to determine whether or not the herptile or any part or parts of a herptile were held, possessed, or transported in violation of this Act, including administrative rules. In case of a finding that a herptile was illegally held, possessed, transported, or sold, a judgment shall be entered against the owner or party found in possession of the herptile or any part or parts of a herptile for the costs of the proceeding and providing for the disposition of the property seized, as provided for by this Act.
P.A. 98-752, § 100-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-154, § 630, eff. June 30, 2023.
68/100-15. Seizure and forfeiture§ 100-15. Seizure and forfeiture. If any person is found to possess a special use herptile that is in violation of this Act, including any administrative rules, then the special use herptile and any equipment or items used contrary to this Act shall be subject to seizure and forfeiture by the Department under Section 100-10. Any special use herptile seized in violation of this Act may immediately be placed in a facility approved by the Department.
P.A. 98-752, § 100-15, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
ARTICLE 105. GENERAL PROVISIONS
68/105-5. Administrative rules
The Department is authorized to adopt administrative rules for carrying out, administering, and enforcing the provisions of this Act. The administrative rules shall be adopted in accordance with the Illinois Administrative Procedure Act.
Rules, after becoming effective, shall be enforced in the same manner as other provisions of this Act. It is unlawful for any person to violate any provision of any administrative rule adopted by the Department. Violators of administrative rules are subject to the penalties in this Act.
Credits
P.A. 98-752, § 105-5, eff. Jan. 1, 2015.
§ 105-10. Conservation of herptiles. The Department shall take all measures necessary for the conservation, distribution, introduction, and restoration of herptiles. The Department shall also bring or cause to be brought actions and proceedings, in the name and by the authority of the People of the State of Illinois, to enforce this Act, including administrative rules, and to recover any and all fines and penalties provided for in this Act. The Department is authorized to cooperate with the appropriate Departments of the federal government and other Departments or agencies of State government and educational institutions in conducting surveys, experiments, or work of joint interest or benefit.
P.A. 98-752, § 105-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
All employees of the Department authorized by the Director shall have the power of, and shall be, peace officers in the enforcement of this Act, including administrative rules, and may carry weapons as may be necessary in the performance of his or her duties.
Credits
P.A. 98-752, § 105-15, eff. Jan. 1, 2015.
All authorized employees of the Department and all sheriffs, deputy sheriffs, and other police officers shall arrest any person detected in violation of any of the provisions of this Act, including administrative rules. Any duly accredited officer of the federal Fish and Wildlife Service and U.S. Forest Service may arrest any person detected in violation of any of the provisions of this Act, including administrative rules.
All officers shall make prompt investigation of any violation of this Act, including administrative rules, reported by any other persons and shall cause a complaint to be filed when there seems just ground for a complaint and evidence procurable to support the complaint.
Upon the filing of a complaint, the officers shall render assistance in the prosecution of the party against whom the complaint is made.
Peace officers, other than employees of the Department, making arrests and serving warrants provided for by this Act shall receive the fees and mileage as provided for by law for sheriffs.
Each duly accredited officer and authorized employee of the Department is empowered to execute and serve all warrants and processes issued by the circuit court.
Credits
P.A. 98-752, § 105-20, eff. Jan. 1, 2015.
68/105-25. Prosecutions; State's Attorneys
All prosecutions shall be brought in the name and by the authority of the People of the State of Illinois before the circuit court for the county where the offense was committed.
All State's Attorneys shall enforce the provisions of this Act, including administrative rules, in his or her respective county and shall prosecute all persons charged with violating its provisions when requested by the Department.
Credits
P.A. 98-752, § 105-25, eff. Jan. 1, 2015.
§ 105-30. Statute of limitations. All prosecutions under this Act shall be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
P.A. 98-752, § 105-30, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/105-35. Collection of fines§ 105-35. Collection of fines. All fines provided for by this Act shall be collected and remitted to the Illinois Wildlife Preservation Fund, within 30 days after the collection of the fine, by the clerk of the circuit court collecting the fines who shall submit at the same time to the Department a statement of the names of the persons so fined and the name of the arresting officer, the offense committed, the amount of the fine, and the date of the conviction.
P.A. 98-752, § 105-35, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
68/105-40. Power of entry and examination; access to lands and waters§ 105-40. Power of entry and examination; access to lands and waters. Authorized employees of the Department are empowered, under law, to enter all lands and waters to enforce the provisions of this Act. Authorized employees are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, cold storage houses, locker plants, reptile shows, pet stores, camps, vessels, cars (except sealed railroad cars or other sealed common carriers), conveyances, vehicles, watercraft, or any other means of transportation or shipping, tents, bags, game bags, or other receptacles and to open any box, barrel, package, or other receptacle in the possession of a common carrier, that they have reason to believe contains a herptile or any part of a herptile taken, bought, sold or bartered, shipped, or had in possession contrary to this Act, including administrative rules, or that the receptacle containing the herptile is falsely labeled.
P.A. 98-752, § 105-40, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/105-45. Obstructing an officer
It shall be unlawful for any person to resist or obstruct any officer or employee of the Department in the discharge of his or her duties under this Act. Any person who violates this provision is guilty of a Class A misdemeanor.
Credits
P.A. 98-752, § 105-45, eff. Jan. 1, 2015.
68/105-50. Posing as an officer or employee
It shall be unlawful for any person to represent himself or herself falsely to be an officer or employee of the Department or to assume to act as an officer or employee of the Department without having been duly appointed and employed. Any person who violates this provision is guilty of a Class A misdemeanor.
Credits
P.A. 98-752, § 105-50, eff. Jan. 1, 2015.
§ 105-55. Illegal collecting devices; public nuisance. Every collecting device, including seines, nets, traps, pillowcases, bags, snake hooks or tongs, or any electrical device or any other devices including vehicles or conveyance, watercraft, or aircraft used or operated illegally or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any herptile life or any part or parts of a herptile, contrary to this Act, including administrative rules, shall be deemed a public nuisance and therefore illegal and subject to seizure and confiscation by any authorized employee of the Department. Upon the seizure of this item, the Department shall take and hold the item until disposed of as provided in this Act.
P.A. 98-752, § 105-55, eff. Jan. 1, 2015. Amended by P.A. 100-512, § 120, eff. July 1, 2018; P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023..
68/105-60. Violations; separate offenses§ 105-60. Violations; separate offenses. Each act of pursuing, taking, shipping, offered or received for shipping, offering or receiving for shipment, transporting, buying, selling or bartering, or having in one's possession any protected herptile or any part or parts of a herptile, seines, nets, bags, snake hooks or tongs, or other devices used or to be used in violation of this Act, including administrative rules, constitutes a separate offense.
P.A. 98-752, § 105-60, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/105-65. Accessory to violation; accountability
§ 105-65. Accessory to violation; accountability.
P.A. 98-752, § 105-65, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/105-70. Permit fraudulently obtained
No person shall at any time:
(1) falsify, alter, or change in any manner, or provide deceptive or false information required for any permit issued under the provisions of this Act;
(2) falsify any record required by this Act;
(3) counterfeit any form of permit provided for by this Act;
(4) loan or transfer to another person any permit issued under this Act; or
(5) use any permit issued to another person under this Act.
It is unlawful to possess any permit issued under the provisions of this Act that was fraudulently obtained or which the person or permittee knew, or should have known, was falsified, altered, changed in any manner, or fraudulently obtained.
The Department shall revoke all permits and suspend all privileges under this Act of any person violating this Section for a period of not less than 3 years. The procedures for suspension under this Section shall be as provided for in administrative rule. Anyone who violates a provision of this Section shall be guilty of a Class A misdemeanor.
Credits
P.A. 98-752, § 105-70, eff. Jan. 1, 2015.
68/105-75. Wildlife and Fish Fund; disposition of money received§ 105-75. Illinois Wildlife Preservation Fund; disposition of money received. All fees, fines, income of whatever kind or nature derived from herptile activities regulated by this Act on lands, waters, or both under the jurisdiction or control of the Department and all penalties collected under this Act shall be deposited into the State treasury and shall be set apart in a special fund known as the Illinois Wildlife Preservation Fund.
P.A. 98-752, § 105-75, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022; P.A. 103-363, § 1-95, eff. July 28, 2023.
68/105-80. Ownership and title of wild indigenous reptiles and amphibians
§ 105-80. Ownership and title of wild indigenous reptiles and amphibians. The ownership of and title to all wild indigenous herptile life within the boundaries of the State are hereby declared to be in the State and no wild indigenous herptile life shall be taken or killed, in any manner or at any time, unless the person or persons taking or killing the wild indigenous reptile and amphibian life shall consent that the title to the wild indigenous herptile life shall be and remain in the State for the purpose of regulating the taking, killing, possession, use, sale, and transportation of wild indigenous herptile reptile and amphibian life after taking or killing, as set forth in this Act.
P.A. 98-752, § 105-80, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
This Act shall apply to reptile and amphibian life or any part of reptile and amphibian life (i) in or from any of the waters or lands wholly within the boundaries of the State or over which the State has concurrent jurisdiction with any other state or (ii) which may be possessed in or brought into the State.
Credits
P.A. 98-752, § 105-85, eff. Jan. 1, 2015.
68/105-90. Taking on private property
§ 105-90. Taking on private property. It is unlawful for any person to take or attempt to take any species of reptile or amphibian, or parts thereof, within or upon the land of another, or upon waters flowing over or standing on the land of another, without first obtaining permission from the owner or the owner's designee. For the purposes of this Section, the owner's designee means anyone who the owner designates in a written authorization and the authorization must contain (i) the legal or common description of property for which the authority is given, (ii) the extent that the owner's designee is authorized to make decisions regarding who is allowed to take or attempt to take any species of reptiles or amphibians, or parts thereof, and (iii) the owner's notarized signature. Any person who violates this Section shall be guilty of a Class B misdemeanor.
P.A. 98-752, § 105-90, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
68/105-95. Financial value of herptiles
§ 105-95. Financial value of herptiles.
(a) For purposes of this Act, replacement cost shall be used to determine the financial value of the herptile species protected by this Act, but in no case shall the minimum value of any species protected under this Act be less than the following:
(1) for processed turtle parts, $8 for each pound or fraction of a pound; for each non-processed turtle, $15 per whole turtle;
(2) for frogs, toads, salamanders, lizards, and snakes, $5 per herptile, in whole or in part, unless specified as a special use herptile;
(3) for any special use herptile, the value shall be $250 per special use herptile;
(4) for any endangered or threatened herptile, the value shall be $150 per endangered or threatened.
(5) (Blank).
(b) (Blank).
Credits
P.A. 98-752, § 105-95, eff. Jan. 1, 2015. Amended by P.A. 99-78, § 425, eff. July 20, 2015; P.A. 102-315, § 5, eff. Jan. 1, 2022.
A municipality or county may adopt an ordinance governing amphibian and reptile species that is more restrictive than this Act.
Credits
P.A. 98-752, § 105-100, eff. Jan. 1, 2015.
§ 110-5. Exemptions. When acting in their official capacity, the following entities and their agents are exempt from Section 75-5 and 85-5 of this Act:
P.A. 98-752, § 110-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.