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Public Act 100-0123
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| HB2685 Enrolled | LRB100 10431 SLF 20638 b |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing |
Sections 2.35, 3.4, 3.11, 3.14, 3.15, 3.16, 3.16a, 3.18, 3.19, |
and 3.20 as follows:
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(520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
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Sec. 2.35. Wild game birds or fur-bearing mammals. (a) |
Migratory game birds, or any part or parts thereof, may be
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possessed only in accordance with the regulations of the |
Federal
Government.
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(b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28 |
and
3.30 it is unlawful to possess wild game birds or wild game |
mammals or any
parts thereof in excess of the legally |
established daily limit or possession
limit, whichever |
applies.
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(c) Except as provided
in this Code Sections 3.11, 3.12, |
3.15, 3.18, 3.21 and 3.25, it is unlawful to
have in possession |
the green hides of fur-bearing mammals without a valid hunting |
or trapping license during the period
within which it is |
unlawful to take such fur-bearing mammals in the State
where |
taken, except during the open season provided and for an |
additional
20 days next succeeding such open season.
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(d) Failure to establish proof of
the legality of the |
possession in another state or country and of
importation into |
this State the State of Illinois, shall be prima facie evidence |
that
migratory game birds and game birds or any parts thereof,
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and fur-bearing mammals or any parts thereof, were taken within |
this State the State
of Illinois.
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(e) For all those species to which a daily or possession |
limit
shall apply, each hunter shall maintain his bag of such |
species separately
and distinctly from those of all other |
hunters.
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(f) No person shall
receive or have in custody any |
protected species
belonging to another person, except in the |
personal abodes of the donor or recipient
donee, unless such |
protected species are tagged in accordance with Section 2.30b |
of this Code or tagged with the hunter's or trapper's name, his
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address, the total number of species, and the date such species |
were taken.
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(Source: P.A. 88-416; 89-341, eff. 8-17-95.)
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(520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
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Sec. 3.4. Trapping licenses. Before a trapping license |
shall be issued
to any person, such person shall make |
application to the Department or any
county, city, village, |
township or incorporated town clerk or his or her duly
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designated agent upon an application form provided by the |
Department.
This application shall be executed and sworn to and |
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shall set forth the
name and description of the applicant and |
his or her place of residence.
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The fee for a trapping license for a resident of
this State |
the State of Illinois shall be $10.00.
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The Department may provide for non-resident trapping |
license provided
that any non-resident shall be charged a fee |
of $175,
and if the state in which the applicant
resides does |
not provide for trapping mammals by Illinois
residents, then |
the fee shall be $250.
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Every person trapping mammals shall make a report properly
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sworn to, to the Department, upon blanks supplied by the |
Department for
such purpose, of all hides of mammals taken, |
sold, shipped
or dealt in, during the open seasons for mammals |
together with
the names and addresses of the parties to whom
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the same were sold or shipped. Such report shall be made to the
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Department within 15 days after the close of the trapping
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season. Failure to report or filing false reports shall subject |
the person
to the penalties provided in Section 3.5. Further, |
the Department may
refuse to issue a trapping license for the |
following year to any person who
has failed to file such a |
report.
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All trapping licenses shall expire on March 31 of each |
year.
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(Source: P.A. 85-1181; 85-1209; 85-1440.)
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(520 ILCS 5/3.11) (from Ch. 61, par. 3.11)
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Sec. 3.11. Resident fur buyer permits. Any individual who |
is a resident of this State the State
of Illinois, who, within
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this State the State of Illinois, receives, collects or buys, |
or who acts as an
agent or broker in the receipt, collection or |
purchase of the green
hides of fur-bearing mammals, protected |
by this Act, except an
individual who is a resident retail fur
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buyer as defined in Section 3.12, shall be a resident wholesale |
fur
buyer in the meaning of this Act. Resident wholesale fur |
buyer's permits
shall be issued by the Department. The annual |
fee for each resident
wholesale fur buyer's permit shall be |
$50.00 $125.00. All resident wholesale fur
buyer permits shall |
expire on March 31 April 30 of each year. A holder
of a valid |
resident
wholesale fur buyer permit may buy, sell, possess, |
transport, and ship the
green hides of any legally taken |
fur-bearing mammals from May 1
through April 30 next |
thereafter; provided, however, that failure to establish
proof |
of
the legality or origin of the green hides of fur-bearing |
mammals
shall be prima facie evidence that such green hides of |
fur-bearing
mammals are contraband within the State of |
Illinois. Nothing in this Section
shall exempt any permittee |
from complying with to any federal laws, rules or
regulations |
which may apply to the green hides of fur-bearing
mammals. A |
person who holds a fur tanner's permit under Section 3.16 of |
this Code is exempt under this Section if the person is not |
engaged in the business of receiving green hides for the |
purpose of buying or selling the hides, whether green, dressed, |
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processed, or tanned and the hides which have been tanned or |
processed are returned to the person who submitted the hides |
for processing or tanning.
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(Source: P.A. 89-341, eff. 8-17-95.)
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(520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
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Sec. 3.14. Record keeping; fur buyers and non-resident |
auction participants. All fur buyers and non-resident auction |
participants shall maintain records of the receipt, |
collection, purchase, and sale of green hides of fur-bearing |
mammals. A record of each transaction shall be created at the |
time it is executed specifying the date, numbers, and kinds of |
green hides purchased, sold, or transferred, the price paid for |
each green hide, if any, and the name, address, and Department |
customer identification number of the other party. Records of |
transactions with non-residents may substitute the Department |
customer identification number with an equivalent identifier |
such as a license or permit number from the person's place of |
residence. Records of transactions shall be retained for 2 |
years from the date of execution and shall be presented for |
inspection at any reasonable time a request is made by |
authorized employees of the Department or any sheriff, deputy |
sheriff, or peace officer. Failure to produce records of |
transactions for green hides shall be prima facie evidence that |
the green hides are contraband in this State. A numbered |
receipt shall be issued to the other party when purchasing |
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green hides of fur-bearing mammals. The receipt shall specify |
the name and address of the person selling the green hides, the |
numbers and kinds of green hides sold, the price paid for each |
green hide, the date of the transaction, and the name of the |
fur buyer or non-resident auction participant. Any person |
receiving, collecting or buying green hides of fur-bearing or
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game mammals from a licensed resident retail, resident
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wholesale or non-resident fur buyer, fur-bearing mammal |
breeder
or other fur vendor shall be furnished
with a |
certificate by such buyer, breeder or vendor showing the number |
and kinds
of such green hides received, collected or purchased, |
the date of the
transaction, the name and address of the buyer, |
breeder, or vendor, the name and
address of the person |
receiving, collecting or buying such green hides
from such |
buyer breeder, or vendor, and any other information which the
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Department may require. The certificate, or certificates shall |
be immediately
presented for inspection to
officers and |
authorized employees of the Department, any sheriff, deputy
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sheriff, or any other peace officer when request is made for |
same. An
invoice or export permit covering green hides of |
fur-bearing or game mammals
originating in other states may be |
accepted
in lieu of the certificates. Failure to produce such |
certificate,
invoice or export permit shall be prima facie |
evidence that such green hides are
contraband within the State |
of Illinois.
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(Source: P.A. 81-382.)
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(520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
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Sec. 3.15. Purchase of green hides. Any manufacturer, |
converter, or consumer who purchases or receives
green hides of |
fur-bearing or game mammals for the purpose of dressing and
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fabricating them into fur
garments or products, shall purchase |
such green hides from a duly
licensed fur buyer or fur-bearing |
mammal breeder, and shall demand from
the buyer or breeder an
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invoice covering such purchases, indicating thereon the date of |
the transaction,
the name
and address of the fur buyer or |
fur-bearing mammal breeder, and the number and kinds of
green |
hides so purchased. Such invoices shall be presented for |
inspection
to officers and authorized employees
of the |
Department, any sheriff, deputy sheriff, or any other peace |
officer
when request is made for same. Failure to produce such |
invoice shall be
prima facie evidence that such green hides are |
contraband within this State the State of Illinois.
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Such purchases of green hides of fur-bearing or game |
mammals
shall be made for converting or
manufacturing purposes |
only, and green hides so bought shall not be offered
for resale |
in the green or raw condition.
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Such a manufacturer, converter or consumer may have the
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green hides of any legally
taken fur-bearing or game mammals |
purchased from a licensed
fur buyer or fur-bearing mammal |
breeder, in his possession at any time during
the year, |
provided such green hides were purchased and are used for |
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manufacturing
purposes only.
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(Source: P.A. 81-382.)
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(520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
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Sec. 3.16. Fur tanner permits. Any individual, who for |
other individuals, engages in the
business of dressing, dyeing |
or tanning the green hides of fur-bearing or
game mammals, |
protected by this Act,
shall be a fur tanner in the meaning of |
this Act.
Before any individual shall engage in the business of |
dressing, dyeing, or
tanning green hides of fur-bearing or game |
mammals, for any other individual,
he or she shall first |
procure a fur tanner permit. Fur tanner permits
shall be issued |
by the Department.
The annual fee for each fur tanner's permit |
shall be $25.00.
All fur tanner
permits shall expire on March |
31st of each year. Any fur tanner who receives
or collects |
green hides shall require an affidavit from the shipper or |
consignor,
stating that said green hides were taken according |
to regulations of the
state where they were taken, a |
certificate of purchase as provided for in
Section 3.14 or an |
invoice as provided for in Section 3.15. The Such
affidavit, |
certificate of purchase, or invoice shall show the name and |
address
of the individual from whom the green hides were |
received or
collected and the such
records shall be kept by the |
fur tanner for a minimum period of one year
following the date |
of receipt or collection. The Such affidavit, certificate
of |
purchase, or invoice shall be immediately presented for |
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inspection to
officers and authorized employees of the |
Department, any sheriff, deputy
sheriff, or any other peace |
officer upon when request is made for same. Failure
to produce |
such affidavit, certificate of purchase, or invoice shall be
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prima facie evidence that such green hides are contraband |
within this State the State
of Illinois. Upon receipt by the |
fur tanner of any green hide not accompanied
by an affidavit, |
certificate of purchase or invoice, the fur tanner shall
notify |
the shipper or consignor in writing of the requirement. The fur
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tanner shall then hold green hides until an affidavit, |
certificate of purchase,
or invoice is received. The Such green |
hides shall be labeled with the name
and address of the shipper |
or consignor, date of receipt, and the date
notification
was |
sent to the shipper or consignor. If the shipper or consignor |
shall
fail to furnish the said affidavit, certificate of |
purchase, or invoice within
30 days from the date of receipt of |
the green hides, the fur tanner shall
notify the Department and |
green hides shall be disposed of in accordance
with |
instructions from the Department. Additional Federal |
regulations may
apply to the hides of certain endangered |
species.
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(Source: P.A. 84-150.)
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(520 ILCS 5/3.16a) |
Sec. 3.16a. Non-resident auction participation permit; |
fee. Any individual who is not a resident of this State the |
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State of Illinois and does not possess a non-resident fur buyer |
permit must obtain a non-resident auction participation permit |
to receive, collect, buy, or act as an agent or broker in the |
receipt, collection, or purchase of the green hides of |
fur-bearing mammals at auctions organized for these purposes |
within this State the State of Illinois. Non-resident auction |
participation permits shall be issued by the Department. The |
annual fee for each non-resident auction participation permit |
is $50. Non-resident auction participation permits expire on |
March 31 April 30. A holder of a valid non-resident auction |
participation permit may receive, collect, buy, possess, |
transport, or act as an agent or broker in the receipt, |
collection, or purchase of legally taken fur-bearing mammals |
from May 1 through the next April 30. Failure to establish |
proof of legality or origin of the green hides of fur-bearing |
mammals, however, is prima facie evidence that the green hides |
are contraband within this State the State of Illinois. Nothing |
in this Section exempts any permittee from complying with any |
federal laws, rules, or regulations that may apply to the green |
hides of fur-bearing mammals.
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(Source: P.A. 94-212, eff. 1-1-06.)
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(520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
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Sec. 3.18. Non-resident fur buyers. Any individual not a |
resident of this State the State of Illinois, who,
within this |
the
State of Illinois, receives, collects or buys, or who acts |
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as an agent
or broker in the receipt, collection or purchase of |
the green
hides of fur-bearing mammals, protected by this Act, |
shall be a
non-resident fur buyer
in the meaning of this Act. |
Non-resident fur buyer permits shall be issued
by the |
Department.
Non-resident fur buyers must obtain a non-resident |
fur buyer permit before
receiving, collecting, or purchasing |
the green hides of fur-bearing mammals
within this State except |
that a non-resident fur buyer permit shall not be
required for |
purchasing the green hides of fur-bearing mammals from resident
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wholesale fur buyers and resident retail fur buyers as defined |
in Section Sections 3.11
and 3.12.
The annual fee for each |
non-resident nonresident fur
buyer permit shall be $250.00. All |
non-resident fur buyer permits shall
expire on March 31 April |
30 of each year. A
non-resident nonresident fur buyer may buy, |
sell, possess, transport and ship
the green hides of any |
legally
taken fur-bearing mammals from May 1 through April 30 |
next thereafter;
provided, however, that failure to establish |
proof of the
legality of or origin of the green hides of |
fur-bearing mammals
shall
be prima facie evidence that such |
green hides of fur-bearing
mammals
are contraband
within this |
State the State of Illinois. Nothing in this Section shall be |
construed
to remove such permittee from responsibility for the |
observance of any federal
laws, rules or regulations which may |
apply to the green hides of fur-bearing mammals.
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(Source: P.A. 89-341, eff. 8-17-95.)
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(520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
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Sec. 3.19. Permit requirements. Each resident retail fur |
buyer, resident wholesale fur buyer, nonresident
fur buyer, |
non-resident auction participant, fur bearing mammal breeder, |
or fur tanner shall have his or her permit
in his or her |
possession when receiving, collecting, buying, selling, or
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offering for sale, the green hides of fur-bearing or game |
mammals or
accepting the same for dressing, dyeing, or tanning, |
and shall
immediately produce the same when requested to do so |
by an officer or authorized
employees of the Department, any |
sheriff, deputy sheriff or any other
peace officer. Persons |
conducting organized and
established auction sales or the green |
hides of fur-bearing or game
mammals, protected by this Act, |
shall be exempt from the provisions of
this Section.
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(Source: P.A. 94-212, eff. 1-1-06.)
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(520 ILCS 5/3.20) (from Ch. 61, par. 3.20)
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Sec. 3.20. Reporting; fur buyers and non-resident auction |
participants. All fur buyers and non-resident auction |
participants, shall, upon purchasing any green hide of any
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fur-bearing mammal, protected by this Act, issue a numbered |
receipt to the
hunter,
trapper, fur buyer, fur-bearing mammal
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breeder or other person from whom he purchased such hides, |
setting forth
the number and kinds of green hides, the date of |
purchase, the price paid
for each hide, the name and address of |
the hunter, trapper, fur buyer,
fur-bearing
mammal breeder or |
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other person from whom he purchased such hides, and the
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appropriate license number or stamp number of the hunter, |
trapper, fur
buyer, fur-bearing
mammal breeder or other person |
from whom the hides were purchased, if
applicable.
The original |
receipt shall be retained by the fur buyer for a minimum of
2 |
years from the date of purchase listed on the receipt.
A |
duplicate receipt
shall be given to the hunter, trapper, fur |
buyer, fur-bearing mammal breeder
or other person from whom the |
green hides were purchased at the time of
purchase.
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All fur buyers and non-resident auction participants shall |
submit a report to the Department on forms provided
by the |
Department showing the number and kinds of all green hides of
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fur-bearing mammals received, collected or purchased, and the |
average price,
if any, paid therefore and such other |
information as required by the
Department.
This report shall be |
made on or before May 10 of each year and
shall include
all |
operations for the 12 months preceding May 1 of the
current |
year.
All such receipts, reports, and records required by this |
Section shall be
available for inspection by any officer or |
authorized employee of the
Department,
any sheriff, deputy |
sheriff, or any other peace officer at any reasonable
time when |
request is made for same. Failure to comply with the provisions
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of this Section shall bar the permittee from obtaining a fur
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buyer or non-resident auction participant permit
for the |
following year.
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(Source: P.A. 94-212, eff. 1-1-06.)
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