| |||||||
| |||||||
| |||||||
1 | AN ACT concerning wildlife.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Wildlife Code is amended by changing | ||||||
5 | Sections 2.35, 3.4, 3.11, 3.14, 3.15, 3.16, 3.16a, 3.18, 3.19, | ||||||
6 | and 3.20 as follows:
| ||||||
7 | (520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
| ||||||
8 | Sec. 2.35. Wild game birds or fur-bearing mammals. (a) | ||||||
9 | Migratory game birds, or any part or parts thereof, may be
| ||||||
10 | possessed only in accordance with the regulations of the | ||||||
11 | Federal
Government.
| ||||||
12 | (b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28 | ||||||
13 | and
3.30 it is unlawful to possess wild game birds or wild game | ||||||
14 | mammals or any
parts thereof in excess of the legally | ||||||
15 | established daily limit or possession
limit, whichever | ||||||
16 | applies.
| ||||||
17 | (c) Except as provided
in this Code Sections 3.11, 3.12, | ||||||
18 | 3.15, 3.18, 3.21 and 3.25 , it is unlawful to
have in possession | ||||||
19 | the green hides of fur-bearing mammals without a valid hunting | ||||||
20 | or trapping license during the period
within which it is | ||||||
21 | unlawful to take such fur-bearing mammals in the State
where | ||||||
22 | taken, except during the open season provided and for an | ||||||
23 | additional
20 days next succeeding such open season .
|
| |||||||
| |||||||
1 | (d) Failure to establish proof of
the legality of the | ||||||
2 | possession in another state or country and of
importation into | ||||||
3 | this State the State of Illinois , shall be prima facie evidence | ||||||
4 | that
migratory game birds and game birds or any parts thereof,
| ||||||
5 | and fur-bearing mammals or any parts thereof, were taken within | ||||||
6 | this State the State
of Illinois .
| ||||||
7 | (e) For all those species to which a daily or possession | ||||||
8 | limit
shall apply, each hunter shall maintain his bag of such | ||||||
9 | species separately
and distinctly from those of all other | ||||||
10 | hunters.
| ||||||
11 | (f) No person shall
receive or have in custody any | ||||||
12 | protected species
belonging to another person, except in the | ||||||
13 | personal abodes of the donor or recipient
donee , unless such | ||||||
14 | protected species are tagged in accordance with Section 2.30b | ||||||
15 | of this Code or tagged with the hunter's or trapper's name, his
| ||||||
16 | address, the total number of species, and the date such species | ||||||
17 | were taken.
| ||||||
18 | (Source: P.A. 88-416; 89-341, eff. 8-17-95.)
| ||||||
19 | (520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
| ||||||
20 | Sec. 3.4. Trapping licenses. Before a trapping license | ||||||
21 | shall be issued
to any person, such person shall make | ||||||
22 | application to the Department or any
county, city, village, | ||||||
23 | township or incorporated town clerk or his or her duly
| ||||||
24 | designated agent upon an application form provided by the | ||||||
25 | Department.
This application shall be executed and sworn to and |
| |||||||
| |||||||
1 | shall set forth the
name and description of the applicant and | ||||||
2 | his or her place of residence.
| ||||||
3 | The fee for a trapping license for a resident of
this State | ||||||
4 | the State of Illinois shall be $10.00.
| ||||||
5 | The Department may provide for non-resident trapping | ||||||
6 | license provided
that any non-resident shall be charged a fee | ||||||
7 | of $175,
and if the state in which the applicant
resides does | ||||||
8 | not provide for trapping mammals by Illinois
residents, then | ||||||
9 | the fee shall be $250.
| ||||||
10 | Every person trapping mammals shall make a report properly
| ||||||
11 | sworn to, to the Department, upon blanks supplied by the | ||||||
12 | Department for
such purpose, of all hides of mammals taken, | ||||||
13 | sold, shipped
or dealt in, during the open seasons for mammals | ||||||
14 | together with
the names and addresses of the parties to whom
| ||||||
15 | the same were sold or shipped. Such report shall be made to the
| ||||||
16 | Department within 15 days after the close of the trapping
| ||||||
17 | season. Failure to report or filing false reports shall subject | ||||||
18 | the person
to the penalties provided in Section 3.5. Further, | ||||||
19 | the Department may
refuse to issue a trapping license for the | ||||||
20 | following year to any person who
has failed to file such a | ||||||
21 | report.
| ||||||
22 | All trapping licenses shall expire on March 31 of each | ||||||
23 | year.
| ||||||
24 | (Source: P.A. 85-1181; 85-1209; 85-1440.)
| ||||||
25 | (520 ILCS 5/3.11) (from Ch. 61, par. 3.11)
|
| |||||||
| |||||||
1 | Sec. 3.11. Resident fur buyer permits. Any individual who | ||||||
2 | is a resident of this State the State
of Illinois , who, within
| ||||||
3 | this State the State of Illinois , receives, collects or buys, | ||||||
4 | or who acts as an
agent or broker in the receipt, collection or | ||||||
5 | purchase of the green
hides of fur-bearing mammals, protected | ||||||
6 | by this Act, except an
individual who is a resident retail fur
| ||||||
7 | buyer as defined in Section 3.12, shall be a resident wholesale | ||||||
8 | fur
buyer in the meaning of this Act. Resident wholesale fur | ||||||
9 | buyer's permits
shall be issued by the Department. The annual | ||||||
10 | fee for each resident
wholesale fur buyer's permit shall be | ||||||
11 | $50.00 $125.00 . All resident wholesale fur
buyer permits shall | ||||||
12 | expire on March 31 April 30 of each year. A holder
of a valid | ||||||
13 | resident
wholesale fur buyer permit may buy, sell, possess, | ||||||
14 | transport, and ship the
green hides of any legally taken | ||||||
15 | fur-bearing mammals from May 1
through April 30 next | ||||||
16 | thereafter ; provided, however, that failure to establish
proof | ||||||
17 | of
the legality or origin of the green hides of fur-bearing | ||||||
18 | mammals
shall be prima facie evidence that such green hides of | ||||||
19 | fur-bearing
mammals are contraband within the State of | ||||||
20 | Illinois. Nothing in this Section
shall exempt any permittee | ||||||
21 | from complying with to any federal laws, rules or
regulations | ||||||
22 | which may apply to the green hides of fur-bearing
mammals. A | ||||||
23 | person who holds a fur tanner's permit under Section 3.16 of | ||||||
24 | this Code is exempt under this Section if the person is not | ||||||
25 | engaged in the business of receiving green hides for the | ||||||
26 | purpose of buying or selling the hides, whether green, dressed, |
| |||||||
| |||||||
1 | processed, or tanned and the hides which have been tanned or | ||||||
2 | processed are returned to the person who submitted the hides | ||||||
3 | for processing or tanning.
| ||||||
4 | (Source: P.A. 89-341, eff. 8-17-95.)
| ||||||
5 | (520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
| ||||||
6 | Sec. 3.14. Record keeping; fur buyers and non-resident | ||||||
7 | auction participants. All fur buyers and non-resident auction | ||||||
8 | participants shall maintain records of the receipt, | ||||||
9 | collection, purchase, and sale of green hides of fur-bearing | ||||||
10 | mammals. A record of each transaction shall be created at the | ||||||
11 | time it is executed specifying the date, numbers, and kinds of | ||||||
12 | green hides purchased, sold, or transferred, the price paid for | ||||||
13 | each green hide, if any, and the name, address, and Department | ||||||
14 | customer identification number of the other party. Records of | ||||||
15 | transactions with non-residents may substitute the Department | ||||||
16 | customer identification number with an equivalent identifier | ||||||
17 | such as a license or permit number from the person's place of | ||||||
18 | residence. Records of transactions shall be retained for 2 | ||||||
19 | years from the date of execution and shall be presented for | ||||||
20 | inspection at any reasonable time a request is made by | ||||||
21 | authorized employees of the Department or any sheriff, deputy | ||||||
22 | sheriff, or peace officer. Failure to produce records of | ||||||
23 | transactions for green hides shall be prima facie evidence that | ||||||
24 | the green hides are contraband in this State. A numbered | ||||||
25 | receipt shall be issued to the other party when purchasing |
| |||||||
| |||||||
1 | green hides of fur-bearing mammals. The receipt shall specify | ||||||
2 | the name and address of the person selling the green hides, the | ||||||
3 | numbers and kinds of green hides sold, the price paid for each | ||||||
4 | green hide, the date of the transaction, and the name of the | ||||||
5 | fur buyer or non-resident auction participant. Any person | ||||||
6 | receiving, collecting or buying green hides of fur-bearing or
| ||||||
7 | game mammals from a licensed resident retail, resident
| ||||||
8 | wholesale or non-resident fur buyer, fur-bearing mammal | ||||||
9 | breeder
or other fur vendor shall be furnished
with a | ||||||
10 | certificate by such buyer, breeder or vendor showing the number | ||||||
11 | and kinds
of such green hides received, collected or purchased, | ||||||
12 | the date of the
transaction, the name and address of the buyer, | ||||||
13 | breeder, or vendor, the name and
address of the person | ||||||
14 | receiving, collecting or buying such green hides
from such | ||||||
15 | buyer breeder, or vendor, and any other information which the
| ||||||
16 | Department may require. The certificate, or certificates shall | ||||||
17 | be immediately
presented for inspection to
officers and | ||||||
18 | authorized employees of the Department, any sheriff, deputy
| ||||||
19 | sheriff, or any other peace officer when request is made for | ||||||
20 | same. An
invoice or export permit covering green hides of | ||||||
21 | fur-bearing or game mammals
originating in other states may be | ||||||
22 | accepted
in lieu of the certificates. Failure to produce such | ||||||
23 | certificate,
invoice or export permit shall be prima facie | ||||||
24 | evidence that such green hides are
contraband within the State | ||||||
25 | of Illinois.
| ||||||
26 | (Source: P.A. 81-382 .)
|
| |||||||
| |||||||
1 | (520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
| ||||||
2 | Sec. 3.15. Purchase of green hides. Any manufacturer, | ||||||
3 | converter, or consumer who purchases or receives
green hides of | ||||||
4 | fur-bearing or game mammals for the purpose of dressing and
| ||||||
5 | fabricating them into fur
garments or products, shall purchase | ||||||
6 | such green hides from a duly
licensed fur buyer or fur-bearing | ||||||
7 | mammal breeder, and shall demand from
the buyer or breeder an
| ||||||
8 | invoice covering such purchases, indicating thereon the date of | ||||||
9 | the transaction,
the name
and address of the fur buyer or | ||||||
10 | fur-bearing mammal breeder, and the number and kinds of
green | ||||||
11 | hides so purchased. Such invoices shall be presented for | ||||||
12 | inspection
to officers and authorized employees
of the | ||||||
13 | Department, any sheriff, deputy sheriff, or any other peace | ||||||
14 | officer
when request is made for same. Failure to produce such | ||||||
15 | invoice shall be
prima facie evidence that such green hides are | ||||||
16 | contraband within this State the State of Illinois .
| ||||||
17 | Such purchases of green hides of fur-bearing or game | ||||||
18 | mammals
shall be made for converting or
manufacturing purposes | ||||||
19 | only, and green hides so bought shall not be offered
for resale | ||||||
20 | in the green or raw condition.
| ||||||
21 | Such a manufacturer, converter or consumer may have the
| ||||||
22 | green hides of any legally
taken fur-bearing or game mammals | ||||||
23 | purchased from a licensed
fur buyer or fur-bearing mammal | ||||||
24 | breeder, in his possession at any time during
the year, | ||||||
25 | provided such green hides were purchased and are used for |
| |||||||
| |||||||
1 | manufacturing
purposes only.
| ||||||
2 | (Source: P.A. 81-382.)
| ||||||
3 | (520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
| ||||||
4 | Sec. 3.16. Fur tanner permits. Any individual, who for | ||||||
5 | other individuals, engages in the
business of dressing, dyeing | ||||||
6 | or tanning the green hides of fur-bearing or
game mammals, | ||||||
7 | protected by this Act,
shall be a fur tanner in the meaning of | ||||||
8 | this Act.
Before any individual shall engage in the business of | ||||||
9 | dressing, dyeing , or
tanning green hides of fur-bearing or game | ||||||
10 | mammals, for any other individual,
he or she shall first | ||||||
11 | procure a fur tanner permit. Fur tanner permits
shall be issued | ||||||
12 | by the Department.
The annual fee for each fur tanner's permit | ||||||
13 | shall be $25.00.
All fur tanner
permits shall expire on March | ||||||
14 | 31st of each year. Any fur tanner who receives
or collects | ||||||
15 | green hides shall require an affidavit from the shipper or | ||||||
16 | consignor,
stating that said green hides were taken according | ||||||
17 | to regulations of the
state where they were taken, a | ||||||
18 | certificate of purchase as provided for in
Section 3.14 or an | ||||||
19 | invoice as provided for in Section 3.15. The Such
affidavit, | ||||||
20 | certificate of purchase, or invoice shall show the name and | ||||||
21 | address
of the individual from whom the green hides were | ||||||
22 | received or
collected and the such
records shall be kept by the | ||||||
23 | fur tanner for a minimum period of one year
following the date | ||||||
24 | of receipt or collection. The Such affidavit, certificate
of | ||||||
25 | purchase, or invoice shall be immediately presented for |
| |||||||
| |||||||
1 | inspection to
officers and authorized employees of the | ||||||
2 | Department, any sheriff, deputy
sheriff, or any other peace | ||||||
3 | officer upon when request is made for same . Failure
to produce | ||||||
4 | such affidavit, certificate of purchase, or invoice shall be
| ||||||
5 | prima facie evidence that such green hides are contraband | ||||||
6 | within this State the State
of Illinois . Upon receipt by the | ||||||
7 | fur tanner of any green hide not accompanied
by an affidavit, | ||||||
8 | certificate of purchase or invoice, the fur tanner shall
notify | ||||||
9 | the shipper or consignor in writing of the requirement. The fur
| ||||||
10 | tanner shall then hold green hides until an affidavit, | ||||||
11 | certificate of purchase ,
or invoice is received. The Such green | ||||||
12 | hides shall be labeled with the name
and address of the shipper | ||||||
13 | or consignor, date of receipt , and the date
notification
was | ||||||
14 | sent to the shipper or consignor. If the shipper or consignor | ||||||
15 | shall
fail to furnish the said affidavit, certificate of | ||||||
16 | purchase , or invoice within
30 days from the date of receipt of | ||||||
17 | the green hides, the fur tanner shall
notify the Department and | ||||||
18 | green hides shall be disposed of in accordance
with | ||||||
19 | instructions from the Department. Additional Federal | ||||||
20 | regulations may
apply to the hides of certain endangered | ||||||
21 | species.
| ||||||
22 | (Source: P.A. 84-150.)
| ||||||
23 | (520 ILCS 5/3.16a) | ||||||
24 | Sec. 3.16a. Non-resident auction participation permit; | ||||||
25 | fee. Any individual who is not a resident of this State the |
| |||||||
| |||||||
1 | State of Illinois and does not possess a non-resident fur buyer | ||||||
2 | permit must obtain a non-resident auction participation permit | ||||||
3 | to receive, collect, buy, or act as an agent or broker in the | ||||||
4 | receipt, collection, or purchase of the green hides of | ||||||
5 | fur-bearing mammals at auctions organized for these purposes | ||||||
6 | within this State the State of Illinois . Non-resident auction | ||||||
7 | participation permits shall be issued by the Department. The | ||||||
8 | annual fee for each non-resident auction participation permit | ||||||
9 | is $50. Non-resident auction participation permits expire on | ||||||
10 | March 31 April 30 . A holder of a valid non-resident auction | ||||||
11 | participation permit may receive, collect, buy, possess, | ||||||
12 | transport, or act as an agent or broker in the receipt, | ||||||
13 | collection, or purchase of legally taken fur-bearing mammals | ||||||
14 | from May 1 through the next April 30 . Failure to establish | ||||||
15 | proof of legality or origin of the green hides of fur-bearing | ||||||
16 | mammals, however, is prima facie evidence that the green hides | ||||||
17 | are contraband within this State the State of Illinois . Nothing | ||||||
18 | in this Section exempts any permittee from complying with any | ||||||
19 | federal laws, rules, or regulations that may apply to the green | ||||||
20 | hides of fur-bearing mammals.
| ||||||
21 | (Source: P.A. 94-212, eff. 1-1-06.)
| ||||||
22 | (520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
| ||||||
23 | Sec. 3.18. Non-resident fur buyers. Any individual not a | ||||||
24 | resident of this State the State of Illinois , who,
within this | ||||||
25 | the
State of Illinois , receives, collects or buys, or who acts |
| |||||||
| |||||||
1 | as an agent
or broker in the receipt, collection or purchase of | ||||||
2 | the green
hides of fur-bearing mammals, protected by this Act, | ||||||
3 | shall be a
non-resident fur buyer
in the meaning of this Act. | ||||||
4 | Non-resident fur buyer permits shall be issued
by the | ||||||
5 | Department.
Non-resident fur buyers must obtain a non-resident | ||||||
6 | fur buyer permit before
receiving, collecting, or purchasing | ||||||
7 | the green hides of fur-bearing mammals
within this State except | ||||||
8 | that a non-resident fur buyer permit shall not be
required for | ||||||
9 | purchasing the green hides of fur-bearing mammals from resident
| ||||||
10 | wholesale fur buyers and resident retail fur buyers as defined | ||||||
11 | in Section Sections 3.11
and 3.12 .
The annual fee for each | ||||||
12 | non-resident nonresident fur
buyer permit shall be $250.00. All | ||||||
13 | non-resident fur buyer permits shall
expire on March 31 April | ||||||
14 | 30 of each year. A
non-resident nonresident fur buyer may buy, | ||||||
15 | sell, possess, transport and ship
the green hides of any | ||||||
16 | legally
taken fur-bearing mammals from May 1 through April 30 | ||||||
17 | next thereafter ;
provided, however, that failure to establish | ||||||
18 | proof of the
legality of or origin of the green hides of | ||||||
19 | fur-bearing mammals
shall
be prima facie evidence that such | ||||||
20 | green hides of fur-bearing
mammals
are contraband
within this | ||||||
21 | State the State of Illinois . Nothing in this Section shall be | ||||||
22 | construed
to remove such permittee from responsibility for the | ||||||
23 | observance of any federal
laws, rules or regulations which may | ||||||
24 | apply to the green hides of fur-bearing mammals.
| ||||||
25 | (Source: P.A. 89-341, eff. 8-17-95.)
|
| |||||||
| |||||||
1 | (520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
| ||||||
2 | Sec. 3.19. Permit requirements. Each resident retail fur | ||||||
3 | buyer, resident wholesale fur buyer, nonresident
fur buyer, | ||||||
4 | non-resident auction participant, fur bearing mammal breeder , | ||||||
5 | or fur tanner shall have his or her permit
in his or her | ||||||
6 | possession when receiving, collecting, buying, selling, or
| ||||||
7 | offering for sale , the green hides of fur-bearing or game | ||||||
8 | mammals or
accepting the same for dressing, dyeing, or tanning , | ||||||
9 | and shall
immediately produce the same when requested to do so | ||||||
10 | by an officer or authorized
employees of the Department, any | ||||||
11 | sheriff, deputy sheriff or any other
peace officer. Persons | ||||||
12 | conducting organized and
established auction sales or the green | ||||||
13 | hides of fur-bearing or game
mammals, protected by this Act, | ||||||
14 | shall be exempt from the provisions of
this Section.
| ||||||
15 | (Source: P.A. 94-212, eff. 1-1-06.)
| ||||||
16 | (520 ILCS 5/3.20) (from Ch. 61, par. 3.20)
| ||||||
17 | Sec. 3.20. Reporting; fur buyers and non-resident auction | ||||||
18 | participants. All fur buyers and non-resident auction | ||||||
19 | participants, shall, upon purchasing any green hide of any
| ||||||
20 | fur-bearing mammal, protected by this Act, issue a numbered | ||||||
21 | receipt to the
hunter,
trapper, fur buyer, fur-bearing mammal
| ||||||
22 | breeder or other person from whom he purchased such hides, | ||||||
23 | setting forth
the number and kinds of green hides, the date of | ||||||
24 | purchase, the price paid
for each hide, the name and address of | ||||||
25 | the hunter, trapper, fur buyer,
fur-bearing
mammal breeder or |
| |||||||
| |||||||
1 | other person from whom he purchased such hides, and the
| ||||||
2 | appropriate license number or stamp number of the hunter, | ||||||
3 | trapper, fur
buyer, fur-bearing
mammal breeder or other person | ||||||
4 | from whom the hides were purchased, if
applicable.
The original | ||||||
5 | receipt shall be retained by the fur buyer for a minimum of
2 | ||||||
6 | years from the date of purchase listed on the receipt.
A | ||||||
7 | duplicate receipt
shall be given to the hunter, trapper, fur | ||||||
8 | buyer, fur-bearing mammal breeder
or other person from whom the | ||||||
9 | green hides were purchased at the time of
purchase.
| ||||||
10 | All fur buyers and non-resident auction participants shall | ||||||
11 | submit a report to the Department on forms provided
by the | ||||||
12 | Department showing the number and kinds of all green hides of
| ||||||
13 | fur-bearing mammals received, collected or purchased, and the | ||||||
14 | average price,
if any, paid therefore and such other | ||||||
15 | information as required by the
Department.
This report shall be | ||||||
16 | made on or before May 10 of each year and
shall include
all | ||||||
17 | operations for the 12 months preceding May 1 of the
current | ||||||
18 | year.
All such receipts, reports, and records required by this | ||||||
19 | Section shall be
available for inspection by any officer or | ||||||
20 | authorized employee of the
Department,
any sheriff, deputy | ||||||
21 | sheriff, or any other peace officer at any reasonable
time when | ||||||
22 | request is made for same. Failure to comply with the provisions
| ||||||
23 | of this Section shall bar the permittee from obtaining a fur
| ||||||
24 | buyer or non-resident auction participant permit
for the | ||||||
25 | following year.
| ||||||
26 | (Source: P.A. 94-212, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (520 ILCS 5/3.12 rep.)
| ||||||
2 | Section 10. The Wildlife Code is amended by repealing | ||||||
3 | Section 3.12.
| ||||||
4 | Section 99. Effective date. This Act takes effect January | ||||||
5 | 1, 2018.
|