Full Statute Name:  West's Smith-Hurd Illinois Compiled Statutes Annotated - Chapter 510. Animals. Act 68. Herptiles-Herps Act,

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Popular Title:  Herptiles-Herps Act Primary Citation:  510 ILCS 68/1-1 to 510 ILCS 68/110–5 Country of Origin:  United States Last Checked:  February, 2022 Alternate Citation:  IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 Date Adopted:  2015 Historical: 
Summary: Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act.

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.

 

68/1-5. Purpose

§ 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.

 

68/1-15. Definitions

§ 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

68/5-5. Possession limits

§ 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 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.

 

68/5-25. Taking of snakes

§ 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

(a) Except as provided for in subsection (a) of Section 5-5, no herptile indigenous species may be moved, translocated, or populations repatriated within this State without approval of the Department, after review of a proposal complete with long-term monitoring plan at least 5 years post-release.

(b) It shall be unlawful to intentionally or negligently release any non-indigenous herptile species into this State.

Credits
P.A. 98-752, § 5-40, eff. Jan. 1, 2015.

 

ARTICLE 10. VENOMOUS REPTILES

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.

 

ARTICLE 20. CROCODILIANS

68/20-5. Crocodilians

“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 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.

 

ARTICLE 25. MONITOR LIZARDS

68/25-5. Monitor lizards

§ 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 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.

 

ARTICLE 30. TURTLES 

68/30-5. Turtle farming

Turtles shall not be commercially farmed in this State.

Credits
P.A. 98-752, § 30-5, eff. Jan. 1, 2015.

 

68/30-10. Turtle collection

§ 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.

 

ARTICLE 35. AMPHIBIANS

68/35-5. Amphibians

§ 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

68/40-5. Permit issuance

§ 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.

 

68/40-10. Permit requirements

§ 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.

 

ARTICLE 45. HERPTILE SCIENTIFIC COLLECTION PERMIT APPLICATION AND FEES
 
68/45-5. Permit application and fees
 
§ 45-5. Permit application and fees. An applicant for a Herptile Scientific Collection 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 by administrative rule. The application for these permits shall be reviewed by the Department to determine if a permit should be issued.
 
Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by non-refundable fee as set by the Department. The annual fee for a Herptile Scientific Collection permit shall be set by administrative rule. The Department shall adopt, by administrative rule, any additional procedures for the renewal of a Herptile Scientific Collection permit. All fees shall be deposited into the Fish and Preservation Fund.
 
Credits
P.A. 98-752, § 45-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
 
ARTICLE 50. HERPETOCULTURE PERMITS
 
68/50-5. Permit issuance
 
§ 50-5. Permit issuance. Any person or business who engages in herpetoculture, the sale, or the offer for sale of any indigenous herptile, regardless of origin, shall procure a Herpetoculture permit from the Department. Herptiles for which a Herpetoculture permit is issued or that are bred, hatched, propagated, or legally obtained by a person or business holding a Herpetoculture permit may be transported and sold or offered for sale within this State. Indigenous herptile taxa collected from the wild in this State shall not be bred unless otherwise authorized by this Act or administrative rule.
 
Credits
P.A. 98-752, § 50-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
 
 
68/50-10. Permit requirements
 
§ 50-10. Permit requirements. Herpetoculture permit holders shall maintain written records of all herptiles possessed, bought, sold, hatched, propagated, or shipped and that are indigenous to this State for a minimum of 2 years after the date of the transaction and shall be made immediately available to authorized employees of the Department upon request. These records shall include the name and address of the buyer and seller, the appropriate permit number of the buyer and seller, the date of the transaction, the species name (both common and scientific), and the origin of herptile involved. Records of the annual operations, as may be required by the Department, shall be forwarded to the Department upon request.
 
The criteria and standards for a Herpetoculture permit shall be provided by administrative rule. The Department shall set forth applicable rules, including a list of herptiles indigenous to this State.
 
Credits
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.
An annual permit renewal must be accompanied by a non-refundable fee as set by the Department. The annual fee for a residential Herpetoculture permit shall be set by administrative rule. The Department shall adopt, by administrative rule, any additional procedures for the renewal of a Herpetoculture permit. All fees shall be deposited into the Wildlife Preservation Fund.

 
As determined by administrative rule, non-residents may apply for a permit not to exceed 15 consecutive days to commercialize herptiles indigenous to this State as outlined in this Article. The application, procedures, and fee for the permit and permit renewal shall be set by administrative rule, and all fees shall be deposited into the Wildlife Preservation Fund.
 
Credits
P.A. 98-752, § 55-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

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.

 
Any offspring resulting from the breeding of herptiles where one parent has been taken from the wild in this State and the other parent from non-Illinois stock or captive bred stock may not be legally sold or otherwise commercialized and shall be treated as indigenous or native Illinois herptile taxa subject to Article 5 of this Act.
 
 
Credits
P.A. 98-752, § 55-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
 
68/55-15. Intergrade, hybrid, or morphological variation
 
§ 55-15. Intergrade, hybrid, or morphological variation. The Department shall have the authority to enforce any and all provisions under this Act with respect to an intergrade, hybrid, or morphological variation of a species protected under this Act or administrative rule. Any intergrade or hybrid specimen of a species protected under this Act shall have the same protections that any herptile parent of the intergrade or hybrid specimen has under this Act or administrative rule. The Department may adopt administrative rules for the regulation and administration of intergrade, hybrid, or morphological variations of herptiles.
 
Any offspring resulting from the breeding of herptiles in which one herptile parent has been taken from the wild in this State and the other parent is from non-Illinois stock or captive bred stock may not be legally sold or otherwise commercialized and shall be treated as indigenous or native Illinois herptile taxa subject to Article 5 of this Act.
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.
 
Credits
P.A. 98-752, § 55-15, added by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

ARTICLE 60. HERPTILE SPECIAL USE PERMIT REQUIREMENTS

68/60-5. 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

68/65-5. 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.

The annual fee for a residential Herptile Special Use permit shall be set by administrative rule. The Herptile Special Use permit shall not be based on the number of special use herptile kept by an owner or possessor. All fees shall be deposited into the Wildlife Preservation Fund.

The Department shall adopt, by administrative rule, procedures for the renewal of annual Herptile Special Use permits.

Any person possessing and in legal possession of a special use herptile as stipulated in this Article that no longer wishes to keep the herptile may be assisted by the Department, at no charge to them and without prosecution, to place the special use herptile in a new home, within 30 days after the effective date of this Act.

The Department may issue a Limited Entry permit to an applicant who: (i) is not a resident of this State; (ii) complies with the requirements of this Act and all rules adopted by the Department under the authority of this Act; (iii) provides proof to the Department that he or she shall, during the permit term, maintain sufficient liability insurance coverage; (iv) pays to the Department, along with each application for a Limited Entry permit, a non-refundable fee as set by administrative rule, which the Department shall deposit into the Wildlife Preservation Fund; and (v) uses the herptile for an activity authorized in the Limited Entry permit. A Limited Entry permit shall be valid for not more than 15 consecutive days. The application, review, and procedures to obtain or renew a Limited Entry permit shall be set by administrative rule.

Credits
P.A. 98-752, § 65-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

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 or an administrative rule authorized under this Act 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.
 
A person who holds a Herptile Special Use permit or Limited Entry permit and who violates the provisions of this Act shall have his or her permit revoked and permit privileges under this Act suspended for a period to be set by administrative rule. Department suspensions and revocations shall be addressed by administrative rule.
 
A person whose privileges or permit to possess a special use herptile have been suspended or revoked may appeal that decision in accordance with the provisions set forth in administrative rule.
 
Credits
P.A. 98-752, § 70-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 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.
 
Credits
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

68/85-5. Prohibited acts

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

68/87-5. 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.

 

ARTICLE 90. PENALTIES

68/90-5. Penalties

§ 90-5. Penalties.
 
(a) Unless otherwise stated in this Act, a violation of this Act is a Class A misdemeanor.
 
(b) A person who violates Article 85 of this Act is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
 
(c) A person who violates Article 75 of this Act is guilty of a Class B misdemeanor. A violation of the record keeping requirement for each individual special use herptile constitutes a separate offense.
 
(d) Any person who takes, possesses, captures, kills, or disposes of any herptile protected under this Act in violation of this Act is guilty of a Class B misdemeanor unless otherwise stated in this Act.
 
(e) All fines and penalties collected under the authority of this Act or its administrative rules shall be deposited into the Wildlife Preservation Fund.
 
Credits
P.A. 98-752, § 90-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
 
68/90-10. Commercial purposes; offenses
 
§ 90-10. Commercial purposes; offenses.
 
(a) Unless otherwise provided in this Act, any person who for profit or commercial purposes knowingly captures, 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 herptile taxa, in whole or in part, protected under this Act and the financial value of that herptile, in whole or in part, is valued:
 
(1) at or in excess of a total of $300 as calculated according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) in Section 105-95 of this Act is guilty of a Class 3 felony; or
 
(2) less than the total of $300 as calculated according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) in Section 105-95 of this Act is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
 
(b) The possession of any herptile, in whole or in part, captured or killed in violation of this Act that is valued at or in excess of $600 under the provisions in subsection (b) of Section 105-95 of this Act shall be considered prima facie evidence of possession for profit or commercial purposes.
 
Credits
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.

 
Credits
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.

 
The owner, keeper, or possessor of a herptile that escapes captivity or is released shall be liable for any and all damages and costs to any person or property arising out of or in connection with the escape or release of any herptile. Liability includes, but is not limited to, any damage, injury, or death caused by or to the herptile during or after the herptile's escape or release or as a result of the apprehension or confinement of the herptile after its escape or release. In addition, the owner, keeper, or possessor of an escaped herptile shall be solely responsible and shall indemnify for any and all costs, damages, or medical expenses incurred by an animal control officer, police officer, or Department employee acting in his or her official capacity to capture or control an escaped herptile.
 
Credits
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.

 
Whenever the contents of any box, barrel, package, or receptacle consists partly of contraband and partly of a legally possessed or shipped herptile or special use herptile or any part of a legally possessed or shipped herptile or special use herptile, the entire contents of the box, barrel, or package, or other receptacle are subject to confiscation.
 
Whenever a person has in his or her possession in excess of the number of herptiles or special use herptiles or any parts of herptiles or special use herptiles permitted under this Act, including administrative rules, the entire number of herptiles or special use herptiles or any parts of herptiles or special use herptiles in his or her possession is subject to confiscation, seizure, or forfeiture.
 
Credits
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 office 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.

 
Credits
P.A. 98-752, § 100-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

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.

 
If a person's special use herptile has been seized by the Department, then the owner and possessor of the special use herptile is liable for the reasonable costs associated with the seizure, placement, testing, and care for the special use herptile from the time of confiscation until the time the special use herptile is relocated to an approved facility or person holding a valid Herptile Special Use permit or is otherwise disposed of by the Department.
 
The circuit court, in addition to any other penalty, may award any seized or confiscated special use herptiles or items to the Department. The circuit court, in addition to any other penalty, may assess a fee upon a person who pleads guilty to the provisions of this Act equal to the amount established or determined to maintain the special use herptile until it is permanently placed in a facility approved by the Department or otherwise disposed of.
 
Credits
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.

 

68/105-10. Conservation herptiles

§ 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.
 
Credits
P.A. 98-752, § 105-10, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

68/105-15. Peace officers

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.

 

68/105-20. Arrests; warrants

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.

 

68/105-30. Statute of limitations

§ 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.
 
Credits
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 Department's 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.

 
Credits
P.A. 98-752, § 105-35, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

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.

 
Authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making an entry and examination and any permit issued by the Department that is held by the person preventing such free access or interfering with or hindering such authorized employee shall be subject to confiscation by the Department. The Department shall not issue any permit to a person who prevented free access or interfered with or hindered an employee for the period of one year after his or her action.
 
Employees of the Department, as specifically authorized by the Director, are empowered to enter all lands and waters for the purpose of herptile investigations, State and federal permit inspections, as well as herptile censuses or inventories, and are further empowered to conduct examination of equipment and devices in the field, under law, to ensure compliance with this Act.
 
Credits
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.

 

68/105-55. Illegal collecting devices; public nuisance

§ 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.
 
Upon the seizure of any device because of its illegal use, the officer or authorized employee of the Department making the seizure shall, as soon as reasonably possible, cause a complaint to be filed before the circuit court and a summons to be issued requiring the owner or person in possession of the property to appear in court and show cause why the device seized should not be forfeited to the State. Upon the return of the summons duly served or upon posting or publication of notice as provided in this Act, the court shall proceed to determine the question of the illegality of the use of the seized property. Upon judgment being entered that the property was illegally used, an order shall be entered providing for the forfeiture of the seized property to the State. The owner of the property may have a jury determine the illegality of its use and shall have the right of an appeal as in other civil cases. Confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties provided in this Act.
 
Upon seizure of any property under circumstances supporting a reasonable belief that the property was abandoned, lost, stolen, or otherwise illegally possessed or used contrary to this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of under order of a court in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession of the property and shall return the property after the person provides reasonable and satisfactory proof of his or her ownership or right to possession and reimburses the Department for all reasonable expenses of custody. If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction. The owner or other person entitled to possession of the property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody.
 
Any property forfeited to the State by court order under this Section may be disposed of by public auction, except that any property that is the subject of a court order shall not be disposed of pending appeal of the order. The proceeds of the sales at auction shall be deposited in the Wildlife Preservation Fund.
 
The Department shall pay all costs of posting or publication of notices required by this Section.
 
Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
 
Credits
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.

 

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.

 
Credits
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.

 
(a) Any person who aids in or contributes in any way to a violation of this Act, including administrative rules, is individually liable, as a separate offense under this Act, for the penalties imposed against the person who committed the violation.
 
(b) Accountability for any person who aids or contributes in any way to a misdemeanor or felony violation of this Act shall be determined according to the provisions under Section 5-2 of the Criminal Code of 2012.
 
Credits
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. 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 Wildlife Preservation Fund.

 
Credits
P.A. 98-752, § 105-75, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

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.

 
Credits
P.A. 98-752, § 105-80, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.

 

68/105-85. Application

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.

 
Credits
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.

 

68/105-100. Home rule

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.

 

ARTICLE 110. EXEMPTIONS

68/110-5. Exemptions

§ 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:
 
(1) public zoos or aquaria accredited by the Association of Zoos and Aquariums or the Zoological Association of America;
 
(2) licensed veterinarians or anyone operating under the authority of a licensed veterinarian who is actively treating a special use herptile that is being maintained in the veterinarian facility in accordance with Sections 10-25, 20-15, and 25-15 of this Act in order to prevent the escape of the herptile and protect public health and safety;
 
(3) (blank);
 
(4) accredited research or medical institutions;
 
(5) licensed or accredited educational institutions;
 
(6) circuses licensed and in compliance with the Animal Welfare Act and all rules adopted by the Department of Agriculture;
 
(7) federal, State, and local law enforcement officers, including animal control officers acting under the authority of this Act;
 
(8) members of federal, State, or local agencies approved by the Department; and
 
(9) (blank);
 
(10) any motion picture or television production company that uses licensed dealers, exhibitors, and transporters under the federal Animal Welfare Act, 7 U.S.C. 2132.
 
Credits
P.A. 98-752, § 110-5, eff. Jan. 1, 2015. Amended by P.A. 102-315, § 5, eff. Jan. 1, 2022.
 
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