§ 5-5 — Possession limits

Illinois § 5-5

• Jurisdiction: Illinois
• Topic: AGRICULTURE AND CONSERVATION
• Ch. 510: ANIMALS
• Act 510 ILCS 68/: Herptiles-Herps Act
• Art.: Article 5 - Indigenous or Native Herptile Taxa

Text

(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).

Legislative History

(Source: P.A. 102-315, eff. 1-1-22 .)