Sources: Smith-Hurd Illinois Annotated Statutes, 1985, Chapters 56, 61 and 520; 1992 Cumulative Annual Pocket Part.
[NOTE: Fish and Aquatic Life statute citations are preceded by [56]; Wildlife statute citations are preceded by [61]; Endangered Species Act statute citations are preceded by [520]. Also, Illinois habitat protection statutes cited as [61] through [61] in this summary were changed as this Handbook was going to press and are now cited as [520]20-2 through [520]20-16.]
STATE WILDLIFE POLICY
The title to all wild birds and wild mammals, and all aquatic life within the state is in the state, and no wild birds or wild mammals or aquatic life shall be taken or killed, in any manner or at any time, unless the person so doing consents that the title is in the state for regulating taking, killing, possession, use, sale, and transportation. Taking or killing wild birds, wild mammals, or aquatic life at any time, in any manner, by a person, shall be deemed a consent that title is in the state for regulating the possession, use, sale and transportation ([56]5-5); ([61]2.1). The Fish and Aquatic Life Code shall apply to aquatic life or parts in any lakes, rivers or other state waters or over which Illinois has concurrent jurisdiction with any other state, or which may be brought into Illinois ([56]5-10).
The General Assembly declares that wildlife species which are not commonly pursued, killed or consumed either for sport or profit, referred to in this Act as "non-game wildlife" have need of special protection and that it is in the public interest to preserve, protect, perpetuate and enhance non-game wildlife and native plant resources of the state through preservation of a satisfactory environment and an ecological balance. The General Assembly specifically recognizes that such non-game wildlife includes protected wildlife and wildlife of specialized habitats -- both terrestrial and aquatic types -- and mollusks, crustaceans and other invertebrates under the jurisdiction of the Department of Conservation. This Act provides a means by which such protection may be financed through a voluntary check-off designation on state income tax return forms. The General Assembly's intent is that this income tax check-off is supplemental to any funding and is not intended to take the place of funding that would otherwise be appropriated for this purpose ([61]402). Each taxpayer required to file a return desiring to contribute to the Illinois Non-Game Wildlife Conservation Fund may do so by stating the amount of such contribution (not less than $1) on each return ([61]403).
PROTECTED SPECIES OF WILDLIFE
This Act shall apply only to the wild birds and parts (nests and eggs), and wild mammals and parts, including green hides, in the state, or which may be brought into the state, which are defined as follows [scientific names are given]: all game and nongame birds except the house sparrow, European starling, and rock dove and domestic pigeon; game birds, including the ruffed grouse, sharp-tailed grouse, bobwhite quail, Hungarian Partridge, chukar partridge, ring- necked pheasant, greater prairie chicken, wild turkey; migratory game birds, including the brant, wild duck, goose, swan, rail, gallinule, coot, dove, wild pigeon, crow, snipe, and woodcock; resident and nonmigratory birds, including the loon, grebe, pelican, cormorant, heron, bittern, egret, ibis, spoonbill, stork, vulture, kite, hawk and eagle, osprey, falcon (including peregrine), crane, rail, gallinule, gull, tern, cuckoo, owl, whip-poor-will and nighthawk, swift, hummingbird, kingfisher, woodpecker, kingbird and flycatcher, lark, swallow, martin, crow, magpie, jay, chickadee and titmouse, nuthatch, creeper, wren, mockingbird, catbird and thrasher, robin, bluebird and thrush, gnatcatcher and kinglet, pipit, waxwing, shrike, vireo, warbler, European tree sparrow, blackbird, meadowlark, oriole, tananger, cardinal, grosbeak, finch, towhee, dickcissel, sparrow, junco, bunting, longspur, and all shorebirds of specified families; game mammals, including the woodchuck, gray and fox squirrel, white- tailed jackrabbit, Eastern cottontail, swamp rabbit, white-tailed deer; fur-bearing mammals, including the muskrat, beaver, raccoon, opossum, least and long-tailed weasel, mink, river otter, striped skunk, badger, red and gray fox, coyote, and bobcat; other mammals, including the flying and red squirrel, Eastern woodrat, golden mouse, rice rat, and bat ([61]2.2).
It shall be unlawful at any time to take, possess, sell or offer for sale, any such wild birds (dead or alive) and parts, including nests and eggs, wild mammals (dead or alive) and parts, including green hides contrary to provisions. This does not prohibit public or state scientific, educational or zoological institutions from receiving, holding and displaying wildlife specimens that were salvaged or legally obtained ([61]2.2). (See also Import, Export, and Release Provisions, and Restrictions on Taking, under HUNTING, FISHING, TRAPPING PROVISIONS.) Birds of prey include all species of owls, falcons, hawks, kites, harriers, ospreys and eagles. It is unlawful to take or possess a bird of prey, or to propagate them without a license or permit from the Department. A scientific collectors permit may be obtained for scientific, educational or zoological purposes. No person may have in their possession bald eagle, osprey, or barn owl. All captive-held birds must be permanently marked as provided by rule. Birds of prey may be used to hunt game birds, migratory birds, game mammals and fur-bearing mammals during falconry seasons ([61]2.4). It is unlawful to take or possess hen pheasants at any time except as provided ([61]2.6). It is unlawful to take ruffed, sharp-tailed, and pinnated grouse (prairie chicken) at any time ([61]2.8).
Endangered/Threatened/Rare Animals
No person shall take or possess any of the aquatic life listed in the Illinois Endangered Species Protection Act or rules, except as provided in that act ([56]10-55).
It is unlawful to possess, take, transport, sell, offer for sale, give or otherwise dispose of any animal or the product thereof of any species on the Board's list of endangered or threatened species [restrictions regarding plants included]([520]10.3).
Any species/subspecies designated as endangered or threatened by the Secretary of the Interior pursuant to the Federal Endangered Species Act, shall be automatically placed on the Illinois List by the Board without notice or public hearing. The Board may list species which have reproduced in or otherwise significantly used, as in migration or overwintering, the area which is now Illinois, if there is scientific evidence that the species qualify as endangered or threatened as defined in this Act. The Board may delist any non-federally-listed species for which it finds satisfactory scientific evidence that its wild or natural populations are no longer endangered or threatened. Listing, delisting or change of status shall be made only after a public hearing. Notice of hearing shall be published seven days before in a statewide newspaper and mailed to a person requesting notice. All persons represented at a hearing, and requesting notice, shall be given a written summary of any action taken. Upon listing, delisting or change of status, the Director shall file a certified copy of the action with the Secretary of State ([520]10.7).
Any Department authorized officer/agent, state police officer, or local government unit, may execute a warrant to search for and seize goods, merchandise or animals, plants, or animal/plant products sold or offered for sale in violation of this Act, or any property or item used in a violation, or examine a premises for determination of actions in violation of this Act. Seized goods, merchandise, animals, plants or their products shall be held pending proceedings in the circuit court. Upon conviction, seized items shall be forfeited and offered to a recognized institution for scientific or educational purposes, or destroyed if a suitable depository is not located ([520]10.8).
Violation of any provision of this Act is a Class A misdemeanor ([520]10.9).
The Endangered and Threatened Species Program shall be within the Department of Conservation. All fines collected under this Act shall be paid to the state treasurer and deposited in the Nongame Wildlife Conservation Fund ([520]10.10).
With Board advice, the Department shall actively plan and implement a program for conservation of endangered and threatened species, by means including published data search, research, management, cooperative agreements with other agencies, identification, protection and acquisition of essential habitat, support of beneficial legislation, issuance of grants from appropriated funds, and public education. It is the public policy of all state agencies and local governments to utilize their authorities to further the purposes of this Act by evaluating through Department consultation whether actions authorized, funded, or carried out by them are likely to jeopardize the continued existence of Illinois listed endangered and threatened species or are likely to result in the destruction or adverse modification of the designated essential habitat of such species. The policy shall be enforceable only by writ of mandamus; and where a state or local agency does consult in furtherance of this public policy, it shall be deemed to have complied with its obligations, provided the agency action shall not result in killing or injuring any listed species. This shall not apply to any state agency project on which a biological opinion has been issued (in accordance with Section 7 of the Federal Endangered Species Act) prior to the effective date of this Act stating that the action proposed will not jeopardize the continued existence of any federal endangered or threatened species. The Department shall have authority to adopt rules as are reasonable and necessary to implement the provisions of this Act ([520]10.11). (See also HUNTING, FISHING, TRAPPING PROVISIONS.)
HABITAT PROTECTION
The Department shall provide and maintain management and habitat development on state lands/waters used in propagating or breeding aquatic life to conform with the most modern conservation methods, and may cooperate with a person propagating or breeding aquatic life on private lands/waters ([56]1-155). When deemed feasible for the conservation of mussels, the Department by rule may prescribe waters to be known as mussel preserves from which mussels shall not be taken for any purpose during any periods to restore a supply of mussel life ([56]25- 10).
The Department may establish and maintain refuges or public hunting areas upon any lands or waters owned by the federal government by mutual consent of federal and state governments and may designate by rule refuges upon any lands owned/leased by the state with approval of the controlling agency. It is unlawful to take any species of wildlife on any wildlife refuge except as provided in [61]2.25. The Department shall post the boundaries of refuges and publish legal notices ([61]1.8).
The Department has the power to acquire by purchase, lease, donation or eminent domain: suitable lands for breeding, hatching, propagation and conservation of birds, mammals, and aquatic life; lands/waters for public hunting/fishing grounds; lands/waters for wildlife refuges; and to construct buildings, roads, bridges and other facilities necessary for full public utilization of such areas ([56]1-150) and ([61]1.9).
To cooperate with private landowners and others who desire to aid in conservation of game and other wildlife, the Department may create and maintain Wildlife Habitat Management Areas on lands owned by individuals, corporations or municipalities. Hunting rights shall be controlled by the property owners in mutual agreement with the Department for five years or more. The Director may cancel such agreements upon 60 days notice if: use of the lands is no longer needed; the owners desire to sell the property and the sale cannot be consummated under the agreement and the object of such sale is not to convert hunting rights to private use; the lessor becomes dissatisfied with the project and files a written request. Areas shall comprise at least 600 acres of contiguous farm lands or a combination of tillable land and woodlots suitable for the protection and propagation of small game species normally found on such lands. Not more than l/3 of the total acreage of such a project may be set apart as State Game Refuges wherein no hunting shall be permitted. These areas and safety zones contained therein shall be posted. Two-thirds of the land shall be open to hunting and trapping. The Department has the right to develop and improve area game food and habitat conditions, without interfering with normal operations on the tract. The Department shall formulate, adopt, and enforce rules for management of the areas. It is unlawful to shoot within safety zones within 150 yards from buildings, or to hunt, pursue, disturb or chase any wild animal or bird within a safety zone. The Department shall aid in protecting the lands, fences, livestock and other property of the cooperator during the hunting season and enforce safety zone restrictions. If deemed desirable to remove surplus game from the property for stocking elsewhere, the cooperator has preference as a Department agent to trap surplus game for, and be paid a price per head as agreed. If the cooperator is willing to leave a strip(s) of grain or hay stand in place for game food, nesting, cover or travel lanes, or to delay mowing of hay, the Department may reimburse him/her at a price mutually agreed upon in advance of the harvest period. The cooperator or family may go upon such area any time of the year in connection with the normal and customary management of the farm, without dog, firearm, or bow and arrow providing no attempt is made to drive or disturb game. Hunters shall be limited to a number agreed upon as reasonable with respect to the game population. Hunters shall at all times respect the rights of cooperating farmers and shall not injure or destroy their livestock or property. Trees or shrubs shall not be cut, nor shall berries, nuts or fruits be picked within such refuge area except with the owner's permission. Streams shall not be contaminated/polluted in any manner. Dogs entering a refuge area inadvertently may be recovered by the owner entering without firearms or other weapons. Wounded game birds or animals entering a refuge area may be recovered by a hunter after reporting to a warden who may investigate and go with the unarmed hunter to recover the animal ([61]219 through 233).
Until clearly evident that rigid supervision is no longer needed, each cooperative area will have at least one Director appointed supervisory officer on duty at a conveniently located telephone on or adjacent to the area. Participating farmers will be given the officer's location and number. Parking areas will be posted to inform hunters. Check-in stations may be located with these officers, and the stations used to control the number of hunters on a cooperative area and to collect a nominal fee. In lieu of other charges, a fee in addition to the regular license fee may be charged by cooperators for a permit to hunt on cooperative areas. Surplus funds collected over the program's cost are to be used for farmer-hunter benefit (directly or indirectly to the hunter) by benefiting the farmer and creating good will for the hunting program. It is unlawful for a person, except by Department permission, to enter a Wildlife Habitat Management Area Refuge Safety Zone during any open season for hunting game, or to enter with firearms, bows and arrows, traps or dogs, or to permit dogs to enter the refuge. The Department by rule may prohibit persons from entering such refuge. Wardens or Department agents may enter such areas unarmed at any time for official duties. A violation is a petty offense, and resisting arrest for violation of property damage laws or any state law intended to protect farm livestock or human life is unlawful ([61]234 through 239).
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New Mexico Center for Wildlife Law
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