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| Public Act 097-0567 | ||||
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing Section | ||||
2.36 as follows:
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(520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
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Sec. 2.36. It shall be unlawful to buy, sell or barter, or | ||||
offer to buy,
sell or
barter, and for a commercial institution, | ||||
other than a regularly
operated refrigerated storage | ||||
establishment, to have in its possession
any of the wild birds, | ||||
or any part thereof (and their eggs), or wild
mammals or any | ||||
parts thereof, protected by this Act unless
done as hereinafter | ||||
provided:
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Game birds or any parts thereof (and their eggs), may be | ||||
held,
possessed, raised and sold, or otherwise dealt with, as | ||||
provided in
Section 3.23 of this Act or when legally produced | ||||
under similar special
permit in another state or country and | ||||
legally transported into the
State of Illinois; provided that | ||||
such imported game birds or any parts
thereof, shall be marked | ||||
with permanent irremovable tags, or similar
devices, to | ||||
establish and retain their origin and identity;
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Rabbits may be legally taken and possessed as provided in | ||||
Sections
3.23, 3.24, and 3.26 of this Act;
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Deer, or any parts thereof, may be held, possessed, sold or | ||
otherwise
dealt with as provided in this Section and Sections | ||
3.23 and 3.24 of this Act;
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If a properly tagged deer is processed at a licensed meat | ||
processing facility, the meat processor at the facility is an | ||
active member of the Illinois Sportsmen Against Hunger program, | ||
and the owner of the deer (i) fails to claim the processed deer | ||
within a reasonable time or (ii) notifies the licensed meat | ||
processing facility that the owner no longer wants the | ||
processed deer, then the deer meat may be given away by the | ||
licensed meat processor to another person or donated to any | ||
other charitable organization or community food bank that | ||
receives wild game meat. The licensed meat processing facility | ||
may charge the person receiving the deer meat a reasonable and | ||
customary processing fee; | ||
Meat processors who are active members of the Illinois | ||
Sportsmen Against Hunger program shall keep written records of | ||
all deer received. Records shall include the following | ||
information: | ||
(1) the date the deer was received; | ||
(2) the name, address, and telephone number of the
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person from whom the deer was received; | ||
(3) whether the deer was received as a whole carcass
or | ||
as deboned meat; if the deer was brought to the
meat | ||
processor as deboned meat, the processor shall include the | ||
weight of the meat; | ||
(4) the number and state of issuance of the permit of
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the person from whom the deer was received; in
the absence | ||
of a permit number, the meat processor
may rely on the | ||
written certification of the
person from whom the deer was | ||
received that the
deer was legally taken or obtained; and | ||
(5) if the person who originally delivered the deer to
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the meat processor fails to collect or make
arrangements | ||
for the packaged deer meat to be
collected and the meat | ||
processor gives all or part
of the unclaimed deer meat to | ||
another person, the
meat processor shall maintain a record | ||
of the exchange;
the meat processor's records shall include | ||
the
customer's name, physical address, telephone
number, | ||
as well as the quantity and type of deer
meat given to the | ||
customer. The meat processor
shall also include the amount | ||
of compensation
received for the deer meat in his or her | ||
records. | ||
Meat processor records for unclaimed deer meat shall be | ||
open for inspection by any peace officer at any reasonable | ||
hour. Meat processors shall maintain records for a period of 2 | ||
years after the date of receipt of the wild game or for as long | ||
as the specimen or meat remains in the meat processors | ||
possession, whichever is longer; | ||
No meat processor shall have in his or her possession any | ||
deer that is not listed in his or her written records and | ||
properly tagged or labeled; | ||
All licensed meat processors who ship any deer or parts of | ||
deer that have been held, possessed, or otherwise dealt with | ||
shall tag or label the shipment, and the tag or label shall | ||
state the name of the meat processor; | ||
Nothing in this Section removes meat processors from | ||
responsibility for the observance of any State or federal laws, | ||
rules, or regulations that may apply to the meat processing | ||
business; | ||
Fur-bearing mammals, or any parts thereof, may be held, | ||
possessed,
sold or otherwise dealt with as provided in Sections | ||
3.16, 3.24, and 3.26 of
this Act or when legally taken and | ||
possessed in Illinois or
legally taken and possessed in and | ||
transported from other
states or countries;
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The inedible parts of game mammals may be held, possessed, | ||
sold or
otherwise dealt with when legally taken, in Illinois or | ||
legally taken and
possessed in and transported
from other | ||
states or countries.
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Failure to establish proof of the legality of possession in | ||
another
state or country and importation into the State of | ||
Illinois, shall be
prima facie evidence that such game birds or | ||
any parts thereof, and
their eggs, game mammals and fur-bearing | ||
mammals, or any parts thereof,
were taken within the State of | ||
Illinois.
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(Source: P.A. 95-196, eff. 1-1-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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