Illinois laws

DANGEROUS ANIMALS AND PRIMATES


BANS the keeping, harboring and caring for dangerous animals and primates.

  • GRANDFATHERS: Primates owned on 1/1/2011 if 1) registered with local animal control by 4/1/2011 with name, address, phone, type of primate, age, photo, description of tattoo, microchip or other identifying information and list of current inoculations, 2) notification of address change within 30 days, and 3) immediately notifies of escape, death, bites or scratches 


  • EXEMPT (If in escape-proof enclosure):
    • Properly maintained zoological park
    • Federally licensed exhibit
    • Circus
    • College or university
    • Scientific institution
    • Research laboratory
    • Veterinary hospital
    • Hound running area
    • Animal refuge
    • Single capuchin assisting person with severe mobility impairment if registered and from 501(c)(3) organization


LIST (7/27/15):  Dangerous Animals:

  • Bears
  • Felines: lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi
  • Canines: Wolf, coyote
  • Hyena 


(720 ILCS 5/48-10)


ANIMAL SALES


BANS sale of:

  • Skunks as pets
  • Dangerous animals plus civets, servals, poisonous reptiles, life-threatening reptiles over 6’ and hybrids except AKC, UKC, CFA, or TICA registered breeds
  • Turtles and eggs in violation of Public Health Service Act (carapace over 4”) and Lacey Act (prohibited acts) including possession


(8 Illinois Admin. Code Section 25.110)

 


HERPTILES-HERP ACT (Amended Effective 1/1/22)


Herptiles-Herp Act regulates special use herptiles
including hybrids and intergrades that are specified in administrative rule.  No longer exempt from Aquatic Life Code and Dangerous Animal Act. 

  • GRANDFATHERED: Herptiles owned on the effective date for which a Personal Possession Permit was obtained within 30 days 
  • EXEMPT:
    • AZA or ZAA public zoos or aquaria (must follow T/E)
    • Licensed veterinarians or those under them
    • <DELETED Wildlife sanctuaries>
    • Research or medical institutions
    • Education institutions
    • USDA circuses (must follow T/E)
    • Law enforcement and animal control officers
    • Members of government agencies
    • <DELETED Wildlife rehabilitation facilities>
    • Motion picture and television production using USDA dealers, exhibitors and transporters  


LIST:
Native species


PERMIT: May be suspended or revoked for violation of US law and may have privileges suspended or revoked for violating US law within the state (Public Act 102-0837 Signed into law 5/13/22 – Effective immediately)

  • Herptile Scientific Collection permit (research, take or salvage native nonlisted species for scientific purposes) - FREE


  • Herpetoculture Permit (unlisted native - possess over limits, commercialize captive-born or breed) - $50
    • EXEMPT: Non-indigenous unless otherwise required by law


  • Nonresident Limited Entry Herpetoculture Permit (nonresident sales of captive-born unlisted native) - $25


  • Herptile Special Use Permit (resident educational programs; sell and breed special use herptiles) - $250


  • Limited Entry Special Use Herptile Permit (non-resident educational programs) – 15 days - $25


  • Herptile Endangered and Threatened Species Propagation permit (possess, propagate and sell legally obtained IL endangered and federal ESA species)


MORE INFORMATION



TAKING AND CAPTURING NATIVE HERPTILES


BANS the take, possession, purchase and sale of native herptiles, eggs, resulting offspring or parts for commercial use unless authorized.   

BANS take and possession of alligator snapping turtle or endangered or threatened species.

PERMIT (Sports fishing license or Sportman’s Combination License) required to take turtles or frogs.

LEGAL to take other native herptiles.

REQUIREMENTS:
Common Snapping Turtles:

  • Take limited to hand, hook and line or bow and arrow (except in counties prohibited)
  • Take 2/day and possess 4 Jun 15 - Oct 15
  • BANS taking by commercial devices or firearms, air guns or gas guns
  • Those not intended to be kept must be kept and counted in the daily catch creel or bag – no culling


Alligator Snapping Turtles:

  • BANS take by any method – protected


Bullfrogs:

  • Take limited to hook and line, gig, pitchfork, spear, bow and arrow, hand or landing net
  • Take Jun 15 – Oct 15
  • Take 8/day and possess 16
  • BANS taking by commercial devices or firearms, air guns or gas guns
  • Those not intended to be kept must be kept and counted in the daily catch creel or bag – no culling


Endangered/Threatened:

  • BANS take and possession


Rest:

  • Unlisted herptiles may be taken by hand (excludes using as bait)
  • Captured herptiles not kept must be released at site of capture except lethal method
  • Possess 8 all other herptiles with no more than 4 per species 
  • Captive-born offspring not for commercial use exempt from limits for 90 days
  • Must restore all habitats to original position if moved
  • BANS take of herptiles in LaRue-Pine Hills/Otter Pond Research Natural Area along with bowfishing for common snapping turtles in counties of Randolph, Perry, Franklin, Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski and Alexander


(17 Illinois Admin. Code 880)



ELEPHANTS IN TRAVELING ACTS


BANS using African or Asian elephants protected under the ESA in traveling animal acts

  • EXEMPT: Non-mobile, permanent institutions and facilities


(720 ILCS 5/48-11)

 


NATIVE WILDLIFE (BIRDS AND MAMMALS)


PERMIT required to take, possess, sell, offer to sell, propagate, or release listed protected native birds and mammals.

  • EXEMPT:
    • House sparrow
    • European starling
    • Rock pigeon
    • Purple swamphen
    • Muscovy duck
    • Bona fide state or public scientific, educational or zoo institutions
    • Breeding mink, red fox or arctic fox (agricultural pursuit) if defined as farmers for IRS and 20% of gross farm income from those species


BANS release of birds and mammals considered wild.

  • EXCEPTIONS:
    • Falconry
    • Dog training as provided in 2.34
    • Wildlife causing damage in 2.37
    • Game or Bird Breeder Permit in 3.23


SPECIE REQUIREMENTS:

  • Bald eagles, ospreys, barn owls: BANS possession.
  • Game Birds:  BANS sale, barter and buying
    • EXEMPT: bird breeders, processed wild game dealers, and hunting preserves
  • Game Mammals:  BANS sale, barter and buying
    • EXEMPT: game breeders and processed wild game dealers
  • Deer: BANS take and possession
    • EXEMPT: game breeders


LIST (1/1/15): Protected Species (See detailed list)

PERMITS:

  • Bird Breeders Permit (raise or breed game birds)
    • Class A noncommercial $10
    • Class B commercial $20


  • Game Breeders Permit (raise or breed game animals and ferrets)
    • Class A noncommercial $10 – FREE for ferrets
    • Class B commercial $20


  • Furbearing Mammal Breeder Permit (raise & breed fur-bearers/ferrets except striped skunks, bobcats and coyotes – allows exhibit) - $25
  • Hound Running Area Permit - $250
  • Falconry (birds of prey) - $200 – 5 years
  • Captive Propagation Permit (propagate birds of prey) - $200 - 5 years
  • Raptor Capture Permit (capture birds of prey) - $50 resident/$100 nonresident - 1 year
  • Scientific Collectors Permit (take/possess for scientific, educational, zoo purposes)
  • Special Purpose Permit (Private educational organizations for educational purposes)


REQUIREMENTS:
Scientific:

  • Age 18+
  • Allows capture, marking, handling, banding and collecting for scientific purposes
  • Allows salvaging dead, sick, orphaned, or crippled protected wildlife for: permanent donation to bona fide public or state scientific, educational or zoological institutions; rehabilitation and release; or other disposal
  • Report annually or within 30 days of expiration


Special Purpose:

  • Report annually or within 30 days of expiration
  • Required to treat wildlife with chemicals like vaccines


Breeder Permit:

  • Allows import of game
  • Allows release and hunting of bobwhite quail and pheasants
  • Class B may sell live hand-reared pheasants, bobwhite quail and chukar partridges to organized field trial club or designated dog training grounds for field trial
  • Transport or shipment must be plainly tagged or with decals   
  • Records of acquisitions, sales and dispositions of animals kept for 2 years after disposition or sale
  • Exempts organized clubs and associations raising for nonprofit release
  • BANS release, holding, possession, and engaging in raising of San Juan rabbits or raccoon dogs.
  • BANS release and propagation for release of nutria and monk parakeet. 


Fur-bearing:

  • Maintain records for 2 years of acquisitions, sales and dispositions with dates and names and address of buyers
  • Issue certificate of purchase to buyers when required
  • Allows import
  • Release requires following health and disease requirements
  • BANS possession and breeding of striped skunks or coyotes except coyotes for hound running areas


Falconry/Raptors:

  • Birds of prey must be permanently marked
  • Meet requirements in 1590


(520 ILCS 5 Wildlife Code; 17 Ill. Admin. Code 520, 1590)




UNPROTECTED AND EXOTIC BIRDS AND MAMMALS AND FERAL LIVESTOCK


Allows the Department to ban or limit import, possession, release, take, commercial take, sale and propagation of unprotected or exotic birds and mammals and feral livestock.

  • EXEMPT:
    • Bona fide state or public scientific, educational or zoo institutions
    • Accidental escape of domestic livestock


(520 ILCS 5 Wildlife Code Section 2.2a)

 


ENDANGERED AND THREATENED SPECIES


BANS possession, take, transport, sale, giving away or disposal of endangered and threatened species

  • PERMIT issued for zoological, botanical, educational and scientific purposes
    • Scientific Purpose (conduct research and banding)
    • Educational Purpose (educational programs – limited to institutions and employees)
    • Zoological/Botanical Purpose (zoo or botanical garden)
    • Permit for Propagation of Endangered or Threatened Species (breed for Scientific or Zoological/Botanical Purpose)
    • Limited Permit (animals acquired before 5/1/73 or imported)
  • EXEMPT:
    • USFWS ESA or USDA exhibitor licensee for those species will be granted automatic permit
    • Temporary possession and transport by circuses, theatrical acts, carnivals, or displays with USFWS ESA or USDA exhibitor license for up to 30 days
    • Take by department agents or USFWS if reported in writing within 10 working days
    • Possession of animals or products on 5/1/1973 or obtained out-of-state with permit
    • Rehabilitation Permit may rehabilitate over 90 days if notified of receipt in 10 working days
    • Raptor propagation permit


LIST (5/28/2020):
Endangered and threatened species


REQUIREMENTS:

  • Annual activity report
  • Notify department of name or address change within 10 days
  • Notify department of escapes, thefts or deaths and recovery within 5 working days
  • Meet USDA facility standards
  • Description and photo of facility


Scientific:

  • Proposed research outline (justification, methods, need to use animals, how it enhances survival)
  • Description and photo of facility
  • Statement of qualifications
  • 2 copies of any reports or technical notes


Educational:

  • Proposed program outline (status of species and explanation of legal acquisition)
  • List of similar programs in last 2 years and estimated attendance
  • Statement of how possession enhances species
  • Statement that animals will be acquired legally
  • Program must promote survival of species, understanding of ecological needs, and its role in the wild


Zoological:

  • Notice with species status and legal acquisition for public displays
  • Copy of USDA exhibitor permit
  • Outline of proposed programs
  • Statement of training and experience
  • Statement how possession enhances survival
  • Statement animals will be acquired legally
  • Program must promote survival of species, understanding of ecological needs, and its role in the wild


Propagation:

  • Statement of how possession enhances species
  • Disposition of offspring – must not release without permission
  • Statement how propagation is necessary for scientific or zoological/botanical project


Limited:

  • Statement of purchase
  • Allows temporary possession by another person of specimens up to 90 days with written consent and of products up to 180 days
  • Disposal only with written consent
  • Allows temporary 


(520 ILCS 10 Illinois Endangered Species Protection Act; 17 Illinois Admin. Code 1010 & 1070)




CERTAIN PROTECTED ANIMALS


NEW BANS import with intent to sell, sale, offer for sale, purchase, barter, or possess with intent to sell of parts and products of cheetah, elephant, giraffe, great ape, hippopotamus, jaguar, leopard, lion, monk seal, narwhal, pangolin, ray or shark, rhinoceros, sea turtle, tiger, walrus, or whale when listed on CITES Appendix I or II or endangered or threatened under Endangered Species Act. 


(815 ILCS 357/1)


INJURIOUS SPECIES


BANS possession, propagation, purchase, sale and transport of injurious species.

  • EXEMPT: Commercial interstate transport to outside state if no bedding, water or materials from container is discharged except with permission


  • PERMIT (Injurious Species Permit) for zoological, educational, medical, or scientific purposes


BANS release of injurious species

LIST (5/18/15):

  • US injurious species except Salmonids


  • Mammals:
    • Flying fox (Pteropus)
    • Mongoose: marsh (Atilax), yellow (Cynictis), dwarf (Helogale), Heroestes, white-tailed (Ichneumia), banded (Munzos)
    • Meerkat
    • European rabbit
    • Indian wild dog
    • Multimammate rat or mouse (Mastomys)
    • Raccoon dog


  • Birds:
    • Rosy pastor
    • Dioch
    • Java sparrow
    • Red-whiskered bul-bul
    • Wild nongame bird eggs


  • Fish:
    • Snakeheads
    • Walking catfish
    • River ruffe
    • Silver, bighead and black carp
    • Round and tubenose gobies
    • Rudd
    • Stone moroko
    • Zander
    • Wels catfish
    • Yabby


  • Reptiles:
    • Brown tree snake


  • Invertebrates:
    • Zebra mussel
    • Mitten crab
    • Rusty crayfish except aquaculture
    • Killer shrimp
    • Golden mussel


REQUIREMENTS:

  • PERMIT (Restricted Species Transportation Permit) required to live haul commercial wild-caught Asian carp
  • Federal injurious must follow that law
  • Information: 1) Name and address of institution or zoo and applicant, 2) quantity and species, 3) time period, 4) location and description of facilities
  • Explanation of need
  • Statement of qualifications and experience
  • Dispose of as determined by department and file disposition report at end of permit
  • Notify Department within 24 hours of escape


(17 Illinois Admin. Code 805 Injurious Species)

 


ILLINOIS DISEASED ANIMAL ACT


The Illinois Diseased Animals Act regulates wild animals in captivity in regards to diseases and allows the Department to ban import of animals or issue quarantines

Disease free certification required for breeding, possession, import, export and transport of game mammals and birds, migratory birds and exotic wildlife

(510 ILCS 50; 8 Illinois Admin. Code 85; 17 Illinois Admin. Code 630)



VHS-SUSCEPTIBLE AQUATIC SPECIES


BANS:

  • stocking VHS-susceptible species
  • removing species and water from water body without permission or FHIR
  • removing equipment from waters without draining them
  • using wild-trapped fish as bait except where taken


PERMIT (VHS-Susceptible Species Permit) required to import VHS-susceptible aquatic species

  • ISSUED TO:
    • Aquaculture Permit
    • Aquatic Life Dealer's License
    • Minnow Dealer's License
    • Research or educational institutions for scientific purposes


  • EXEMPT:
    • Veterinarian, veterinary clinic agent, fish pathologist, or American Fisheries Society fish health inspector if going to lab to study VHS, APHIS Permit for Movement of Restricted Animals, and wastes are treated as medical waste
    • Movement to state-inspected slaughter facility for human consumption with APHIS Permit for Movement of Restricted Animals
    • Catch and release into same water body
    • Interstate transport through state for commercial purposes if not transferred between containers and no contents discharged
    • Salmonid Import Permit with FHIR and lot inspections
    • Commercial fish sending fish to state-inspected live market for human consumption on same body of water where acquired
    • Commercial Roe Harvester for roe-bearing species


  • REQUIREMENTS:
    • Information - name, address and phone of applicant and business or institution and supplier, common and scientific name, size and total per species, anticipated date, 
    • Fish Health Inspection Report (FHIR)
    • HACCP/BMP recognized management plan (minnows and bait only)
    • May import only to facility or approved location
    • Must allow inspections
    • Maintain disposition records for 2 years


LIST:


  • APHIS Federal Order species (9/9/08)
    • Black crappie      
    • Bluegill   
    • Bluntnose minnow
    • Brown bullhead
    • Brown trout
    • Burbot
    • Channel catfish
    • Chinook salmon
    • Emerald shiner
    • Freshwater drum
    • Gizzard shad
    • Lake whitefish
    • Largemouth bass
    • Muskellunge
    • Northern pike
    • Pumpkinseed
    • Rainbow trout
    • Rock bass
    • Round goby
    • Shorthead redhorse
    • Silver redhorse
    • Smallmouth bass
    • Spottail shiner
    • Trout-Perch
    • Walleye
    • White bass
    • White perch
    • Yellow perch


  • State species:
    • Atlantic herring
    • Pacific herring 
    • Sea lamprey


  • Hybrids of two listed species


(17 Illinois Admin. Code 875)

 


AQUATIC LIFE


          Aquatic Life = fish, crustaceans, mollusks and aquatic invertebrates

BANS release and escape of aquatic life into state waters without permission except for approved species in waters completely on facility property


BANS transport of non-approved species from aquaculture facility except to another facility, fish market or aquarium  


Letter of authorization required to import or possess species not on approved list 

PERMIT required for intrastate transport live grass, black, bighead and silver carp and tilapia and non-approved species

PERMIT required for import of live trout, salmon or char 



LIST (3/11/15): See
Aquatic Life Approved Species List

PERMIT:

  • Aquaculture Facility Permit (import/possess aquatic life for food sales or stocking)
  • Aquaculture Permit (propagate/grow/harvest aquatic life for food or stocking)
  • Restricted Species Transportation Permit (transport non-approved aquatic life)
  • Salmonid Import Permit (import trout, salmon, char)


REQUIREMENTS:

  • Aquaculture facility plan (non-approved species)
  • NOT capable of overflowing into state waters
  • NOT in 100-year flood plan unless approved
  • Drainage only into municipal water treatment facility, on-site waste treatment facility with sand filtration and chlorination or as approved 
  • Allow inspections
  • Maintain records 2 years
  • Annual report


(17 Illinois Admin. Code 870)

 

ANIMAL WELFARE ACT


PERMIT and health certificate within last 30 days required to import mammals, birds and reptiles for those under Animal Welfare Act

  • EXEMPT:
    • Fish
    • Animals from states with declaration of disaster if examined in 24 hours (health certificate only)


(8 Illinois Admin. Code Sec. 25.47)