reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Burning Permit Writer" means any individual appointed by the
				Director and certified by the Chief of the Division of Forest Resources to
				issue burning permits.
"Department" means the Department of Natural Resources.
"Director" means the Director of the Department of Natural
				Resources.
"District" means a geographic area determined by the Director
				to be in need of special protection from forest fires and designated as an
				intensive forest fire prevention district in accordance with this Act.
"Fire Danger" means the daily rating of severity of the
				potential for wildfire as designated by the National Fire Danger Rating System,
				as contained in the National Fire Protection Association Standard #295 entitled
				"Wildfire Control", 1985. (this standard does not include any later amendments
				or editions).
"Forest Fires" means uncontrolled, wild or running fires
				occurring on forest, marsh, field, cutover or other lands.
"Regional Administrator" means the Regional Administrators of
				the Division of Forest Resources of the Department of Natural Resources.
"The Act" AN ACT to provide for the creation of intensive
				forest fire protection districts, to regulate the burning of combustible
				materials, to provide penalties for violations and to repeal an Act therein
				named (Ill. Rev. Stat. 1987, ch. 961/2, pars. 7001 et seq.).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.20 - Intent of Forest Fire Protection Districts Act

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Act relieves the owners or lessees of lands
				upon which fires may burn or be started from the duty of extinguishing such
				fires so far as it may be within their power. This Act provides for the
				creation of intensive forest fire prevention districts to regulate the burning
				of combustible materials during certain periods of the year when the potential
				for forest fires is highest, and provides for penalties for
				violation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.30 - Creation of Districts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public
			 recommendations for the creation of a District shall be submitted in any manner
			 to the Division of Forest Resources for the Director.
b) All landowners within a created District
			 shall be contacted by an agent of the Department of Natural Resources
			 personally or by newspaper publication or by mail and shall be informed of the
			 creation of the District and the intent and provisions of the Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.40 - Proclamation Prohibiting Fires

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A proclamation, issued by the Director, prohibiting a fire without first
			 obtaining a burning permit within a District shall be effective in Illinois for
			 the period of the proclamation and shall be determined by the chief of the
			 Division of Forest Resources who will use the National Fire Danger Rating
			 System as criteria for the determination.
b) Such proclamation shall be published by
			 the Department of Natural Resources in one or more newspapers having a general
			 circulation within the District prior to or upon the date the proclamation
			 becomes effective.
c) A
			 proclamation has been issued for the following counties: Jackson, Pope, Hardin,
			 Johnson, Union, Alexander, and Pulaski to cover the peak fire hazard months of
			 February, March, April, October and November.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.60 - Issuance of Burning Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Director of the Department may appoint burning permit writers.
b) Burning Permit Writers must be certified
			 (Form F-20) by the Chief, Division of Forest Resources, who will assign the
			 Burning Permit Writer to a District.
c) Burning Permits can only be issued by a
			 duly authorized Burning Permit Writer.
d) A permit to kindle a fire in the open air
			 outside the limits of any city, village or incorporated town within a District
			 will be issued only on the official Burning Permit form as supplied by the
			 Department.
e) The Regional
			 Administrator in whose Region the District is located is responsible for all
			 training, supplies, maps, forms and any other provisions needed by the Burning
			 Permit Writer in the performance of their assigned duties.
f) The Burning Permit can only be issued for
			 3-5 days depending upon the anticipated fire dangers for the length of the
			 Permit.
g) The Burning Permit must
			 be completed by the Burning Permit Writer and signed by the Writer and the
			 person to whom the permit is issued.
h) The Burning Permit must include the
			 person's name and address, the legal location of the property on which the burn
			 is to take place, the material and amount to be burned, the hours when burning
			 will be permitted and the dates of the burning.
i) The Burning Permit must be completed in
			 triplicate. The white copy is to be given to the person to whom the Permit is
			 issued; the green copy will be sent to the Goreville District Forestry Office,
			 Post Office Box 67, Goreville, Illinois 62939; the yellow copy will be retained
			 by the Burning Permit Writer.
j) If
			 the Fire Danger Rating reaches very high or extreme classification within a
			 District, the Director, upon notification of such a fire danger by the Chief of
			 the Division of Forest Resources shall suspend the issuance of burning permits
			 or proclaim a closure on all burning within the district or a portion thereof
			 until such time as burning conditions fall below the very high
			 designation.
k) The Regional
			 Administrator in whose Region the issuance of burning permits is suspended or
			 closure is imposed is responsible for posting such a notice in public places
			 within the District, notifying all Burning Permit Writers in the District and
			 notifying the Administrator of the Shawnee National Forest if the affected
			 District is within the Shawnee National Forest Protection Area.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.70 - Enforcement of Act

Current through Register Vol. 48, No. 28, July 12, 2024
Any law enforcement officer within the State of Illinois has
				the duty to issue a citation to persons violating any provision of the Fire
				Protection Districts Act and this Part and to cooperate with the Department in
				the enforcement of same.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.80 - Violation of Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
			 kindles or authorizes any other person to kindle a fire in the open air outside
			 the limits of any city, village or incorporated town within an intensive fire
			 protection district during the months of February, March, April, October and
			 November or during such other times when fire hazard conditions are declared to
			 exist by order of the Director in accordance with this Act, without first
			 obtaining a burning permit issued by a forest fire warden for the District in
			 which such burning shall take place, or does not strictly comply with the terms
			 of the permits, commits a Class B misdemeanor.
b) Subsection (a) does not apply to land
			 owned or controlled by a railroad corporation when the fire is for the purpose
			 of clearing its right of way of dangerous combustible materials or for the
			 kindling of a fire in a plowed field, garden or public highway when such fire
			 is kindled at a distance of 200 feet or more from any woodland, brush land or
			 field containing dry grass or other combustible material.
c) Any person who kindles or authorizes any
			 other person to kindle any woods, brush, grass, grain, weeds or stubble within
			 an intensive fire protection district without first having obtained a burning
			 permit issued by a forest fire warden for the District in which such burning
			 shall take place at any time period for which the Director has issued a
			 proclamation declaring such burning unlawful shall, upon conviction, be fined
			 not to exceed $1,000 or be imprisoned in a penal institution other than the
			 penitentiary not exceeding 6 months, or both.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1560 - FOREST FIRE PROTECTION DISTRICTS ACT › Section 1560.90 - Correspondence and Inquiries Regarding This Act

Current through Register Vol. 48, No. 28, July 12, 2024
All correspondence and/or inquiries regarding this Act shall be
				directed to:
State of Illinois
Department of Natural Resources
Division of Forest Resources
524 South Second Street
Springfield, Illinois 62701-1787
ATTENTION: Forest Protection Program
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.5 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide procedures for
				prescribed burning, including, but not limited to, obtaining a prescribed burn
				manager certification, revocation of prescribed burn manager certification and
				preparing a prescribed burn prescription pursuant to the requirements of the
				Illinois Prescribed Burning Act [525 ILCS 37 ].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.20 - Certified Prescribed Burn Manager

Current through Register Vol. 48, No. 28, July 12, 2024
a) A certified prescribed burn manager
			 performs the following activities:
1) writes
			 and/or approves burn prescriptions as described in Section
			 1565.30;
2) serves as the direct supervisor of the
			 burn personnel at the scene of a prescribed burn and is responsible for
			 implementing a burn prescription as described in Section
			 1565.40;
			 and
3) supervises and trains an
			 apprentice prescribed burn manager as described in Section
			 1565.20(c).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.30 - Burn Prescriptions

Current through Register Vol. 48, No. 28, July 12, 2024
The burn prescription shall include the following
				information:
a) a site name or other
			 designation for the prescribed burn area;
b) location of the prescribed burn, including
			 county, civil township, township range and section, and a map showing the
			 location of the burn, firebreaks, hazards, staging area and other features
			 specific to the execution of the burn;
c) the name, address and phone number of the
			 owner or manager of the land where the burn is to take place;
d) the time frame when the prescribed burn is
			 to take place;
e) the purpose and
			 objectives for the prescribed burn;
f) a description of the area to be burned,
			 including, but not necessarily limited to, size in acres, fuel type,
			 topography, known presence of endangered or threatened species, and presence of
			 peat or high organic soils and mitigation measures to prevent or control
			 ignition of those soils;
g) the
			 range of acceptable pre-ignition weather factors, including, but not limited
			 to, air temperature, relative humidity, wind direction and wind
			 velocity;
h) the minimum number of
			 burn personnel required;
i) an
			 outline of smoke sensitive areas and smoke mitigation methods;
j) the equipment required, other than
			 standard hand tools;
k) a
			 communication plan and equipment for the prescribed burn;
l) a method of fire line
			 construction;
m) copies of required
			 permits;
n) plans for making
			 notifications as described in Section
			 1565.40;
o) contingency plans for escaped fires,
			 including water sources, rendezvous location for fire departments and
			 paramedics, other fire fighting resources available, vulnerable infrastructure,
			 escape routes and safety zones;
p)
			 emergency contact information, including, at a minimum, the closest
			 intersection, fire, paramedic and police emergency and non-emergency dispatch
			 contact information;
q) name,
			 certificate number and contact information for the certified prescribed burn
			 manager approving the burn prescription;
r) a signature of a certified prescribed burn
			 manager approving the burn prescription and the date of the signature;
			 and
s) the signature of a landowner
			 approving the use of prescribed burning on the property. Approvals of
			 prescribed burning would also be considered valid if prescribed burning is
			 included on another land management plan or other document approved in writing
			 by the landowner.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.40 - Notifications and Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 certified prescribed burn manager shall make a reasonable attempt to notify all
			 adjoining landowners and occupants of the approximate time and date of the
			 burn, using a method that is reasonably assured to provide notice before the
			 planned prescribed burn. The method of notification to adjacent landowners
			 shall be documented on the prescribed burn report. Any one of the following are
			 considered reasonable attempts of notification and shall be considered in
			 compliance with Section 15(5) of the Act and this Section; however, this list
			 should not be construed to be the only acceptable ways to make this
			 notification:
1) posting the property to be
			 burned;
2) contacting or attempting
			 to contact the adjoining landowner by phone, in person, delivery of a brochure
			 or written notice to a residence or via mail or email; or
3) publication of the intent and range of
			 dates and approximate time in a newspaper published in the area of the
			 burn.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.50 - Conducting Prescribed Burns

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 order to ensure the safety of personnel and the public, a certified prescribed
			 burn manager shall be present at the scene of all prescribed burns except where
			 the landowner is conducting prescribed burning on his or her own lands or on
			 the lands of another with the landowner's permission as authorized by Illinois
			 law.
b) The certified prescribed
			 burn manager shall obtain guidance from the National Weather Service (NWS) in
			 identifying Fire Weather Watch and Red Flag Warning conditions available
			 through the regional NWS offices of the National Oceanic and Atmospheric
			 Agency. The determination by NWS of Fire Weather Watch and Red Flag Warning
			 conditions for a designated area will require that the certified prescribed
			 burn manager and other personnel exercise elevated caution during those
			 conditions.
c) The certified
			 prescribed burn manager is responsible for reviewing and implementing the burn
			 prescription, reviewing it with the burn personnel and the timely completion of
			 the prescribed burn report. The certified prescribed burn manager shall discuss
			 emergency procedures and plans with burn personnel and modify procedures and
			 contingency plans if necessary.
d)
			 In the case of an escaped fire, the certified prescribed burn manager or his or
			 her designee shall assess burn personnel status, contact outside agencies if
			 necessary, and share information (e.g., aerial photos, burn prescription,
			 resources available and access routes) with other agencies at the scene. A
			 certified prescribed burn manager shall serve as Incident Commander and remain
			 in command until command is transferred to another qualified person. The
			 certified prescribed burn manager may serve in a Unified Command or relinquish
			 Incident Command authority to other firefighting authorities at his or her
			 discretion.
e) When a person is
			 conducting prescribed burning on his or her own lands or on lands of another
			 with the landowner's permission, the person shall have a written burn
			 prescription, make the notifications described in Section
			 1565.40,
			 and conduct the burn as described in Section
			 1565.50(b) and
			 (c).
f) Where applicable, persons shall follow
			 guidance from the Illinois EPA concerning Illinois' Smoke Management Plan
			 (SMP), including avoiding prescribed burns on "Air Pollution Action Days" as
			 defined in the SMP or in consultation with the Illinois EPA.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.60 - Records and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
			 each prescribed burn, a prescribed burn report shall be completed by the
			 certified prescribed burn manager for the burn, or his or her designee, and
			 provided to the landowner upon request and to any apprentice. The certified
			 prescribed burn manager or his or her employer shall maintain a file of all
			 prescribed burn prescriptions and prescribed burn reports for completed burns
			 for a period of not less than five years after the completion of a burn. This
			 file shall be made available to the Department upon request.
b) A prescribed burn report shall include:
1) a copy of the prescribed burn
			 prescription;
2) a map showing the
			 area actually burned, control lines, wind direction, fire mosaic and other
			 features specific to the execution of the burn;
3) the date and time the prescribed burn took
			 place, including ignition time, time of significant events and final mop up
			 time;
4) an evaluation of the burn,
			 including a discussion of meeting burn objectives, changes or deviations from
			 the prescribed burn prescription, injuries or damage to property if any, any
			 emergency actions taken and other significant events;
5) an evaluation of the performance of any
			 apprentice prescribed burn manager that served on the burn;
6) the pre-ignition weather factors and any
			 other weather observations collected to verify conditions were within the burn
			 prescription;
7) the number of burn
			 personnel involved;
8)
			 documentation of all notifications and permits obtained;
9) information on any fire, paramedic and
			 police emergency agencies that were requested and arrived on scene;
10) name, certificate number and contact
			 information for the certified prescribed burn manager; and
11) a dated signature of the certified
			 prescribed burn manager and any apprentice prescribed burn manager serving at
			 the burn.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1565 - ILLINOIS PRESCRIBED BURNING ACT › Section 1565.70 - Administration of Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt
			 of a completed Certified Prescribed Burn Manager Application, the required
			 documentation of coursework, apprenticeship and experience described in Section
			 1565.20
			 and a fee of $50, the Department shall issue an Illinois Certified Prescribed
			 Burn Manager Certificate within 45 days or notify the applicant in writing of
			 the reason the certificate was denied. Applicants who have been denied a
			 certificate may re-apply after correcting any deficiencies in their original
			 Application. Persons employed by the State of Illinois shall be exempt from the
			 $50 fee.
b) Denial of a certificate
			 may be appealed pursuant to 17 Ill. Adm. Code 2530.
c) Any fees collected under this Part shall
			 be deposited into the Forestry Development Fund.
d) An Illinois Certified Prescribed Burn
			 Manager Certificate may be revoked pursuant to the procedures described in 17
			 Ill. Adm. Code 2530 for serious and or continuing violations of the Act or this
			 Part, falsification or misrepresentation on the Certified Prescribed Burn
			 Manager Application or supporting documents, or a pattern of negligence in
			 performing the duties of a certified prescribed burn manager.
e) An organization or individual may petition
			 the Department to approve coursework and training programs as an Illinois
			 Prescribed Burn Manager Course by submitting to the Board a course syllabus,
			 length of course and trainer qualifications demonstrating that the course meets
			 the standards described in Section
			 1565.20(a)(1).
			 The Board may require the submitter to provide additional information necessary
			 to evaluate the program. The Board shall make a recommendation to the Director
			 to approve or not approve the submitted program as an Illinois Prescribed Burn
			 Manager Course.
f) Periodically,
			 but not less than annually, the Board shall meet to review prescribed burn
			 reports submitted under this Part, review requirements of prescribed burn
			 certification in other states and make a recommendation to the Director on
			 whether other states' certification programs meet or exceed requirements in
			 this Part to receive an Illinois Certified Prescribed Burn Manager Certificate;
			 review this Part and make recommendations to the Director for any needed
			 changes; and prepare reports on prescribed burning at the request of the
			 Director.
g) The Board may conduct
			 its meetings via conference call or other electronic means provided all
			 participants are in locations open to the public that have been published in
			 compliance with the Illinois Open Meetings Act [5 ILCS 120 ].
h) A quorum of the Board shall be defined as
			 four members.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.10 - Purpose of Grant Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Cooperative Forestry Assistance Act of 1978, Section
				7(b)(3),
				16USC
				2106(b)(3), as amended,
				authorized and directed the Secretary of Agriculture to provide financial,
				technical and related assistance to State Foresters or equivalent State
				officials in cooperative efforts to organize, train and equip fire agencies in
				rural areas and communities under 10,000 population to prevent and suppress
				fires.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.20 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant
			 must be a fire agency (fire department or fire protection district).
b) Applicants must serve communities under
			 10,000 population or serve several small communities (each community being
			 under 10,000 people). A group of applicants, none of which serve communities
			 over 10,000 population, are eligible to submit a joint application.
c) The request for assistance must be for
			 organizing, training and equipment. Special consideration in establishing
			 priorities will be given to applicants asking for help for all three.
d) The applicant share of the cost must be
			 available at the time of application. This can be in the form of planned
			 contributions in kind, such as volunteer labor, in some projects. The applicant
			 share of the cost is 50% of the total amount of money requested from a Rural
			 Community Fire Protection (RCFP) grant by a local fire agency. On the
			 application for such a grant, the requesting fire agency states the total
			 amount of money needed for their project, 50% of that amount and further states
			 that their share (50% of the total amount requested) is available at the time
			 of application.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.30 - General Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Rural
			 applicants seeking assistance must file an application with the State Forester,
			 Department of Natural Resources, Division of Forest Resources, 600 North Grand
			 Avenue West, P.O. Box 19225, Springfield, Illinois 62794-9225. Deadlines for
			 the grant program will comply with the Federal Fiscal Year, October 1 -
			 September 30. The deadline for submission of a grant application will be set by
			 the Department and will vary from year to year because of notice to the
			 Department from the United States Forest Service as to the funding of this
			 grant program.
b) The State
			 Forester will evaluate each proposal to determine if it meets the basic
			 criteria as stated under Section
			 1570.20 above. He
			 will also evaluate each qualifying proposal to determine the priority of the
			 proposed project. (See Section
			 1570.40 for
			 further explanation of criteria used in determining priority.)
c) Applicants with qualifying applications
			 will then receive notification from the Department of Natural Resources of
			 availability of cost-share funds within limits of the federal allocation to the
			 State.
d) Notification will be sent
			 to proponents of applications which did not have high enough priority to be
			 funded for the current year. The "year" begins, or corresponds, to the Federal
			 Fiscal Year, October 1-September 30.
e) Claim for reimbursement should be
			 submitted to the State Forester by applicants with approved projects.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.40 - Selection Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Some of
			 the priority-determining criteria are whether the program will:
1) improve insurance
			 classification;
2) result in an
			 organization formed under improved fire plans (the formation of fire districts
			 or other legal entities will be encouraged);
3) encourage applicant use of all aspects of
			 the program (training, organizing and equipping);
4) encourage applicant in the development of
			 both structural and rural land fire prevention and suppression.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.50 - Key Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Financial assistance on any project during any fiscal year cannot exceed 50
			 percent of the actual expenditures or the maximum allowable cost share dollar
			 amount, including expenditures of local public and private non-profit
			 organizations participating in the agreement.
b) This assistance is available to applicants
			 serving communities under 10,000. However, a group of applicants (each serving
			 communities with a population of under 10,000) will qualify for consideration
			 if they meet all requirements under Section
			 1570.20 above. Each
			 applicant may serve more than 10,000 in the entire protection area.
c) Reimbursement for construction expenses
			 and/or rescue equipment is not authorized.
d) Applications for new fire trucks are not
			 authorized.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.60 - Auditing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Applicants will maintain a record of Project Accomplishments including the
			 following:
1) signed agreement with
			 Department of Natural Resources;
2)
			 source documents such as paid invoices, signed time reports showing hours of
			 volunteer work of "in-kind" contributions;
3) source of fire agency funds and how funds
			 were expended;
4) copy of
			 reimbursement of funds documents;
5) accountability records showing current
			 status of equipment over $1,000 in value purchased under agreement.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1570 - RURAL COMMUNITY FIRE PROTECTION PROGRAM › Section 1570.70 - Program Information

Current through Register Vol. 48, No. 28, July 12, 2024
Information on the Rural Community Fire Protection Program may
				be obtained by writing the State Forester, Department of Natural Resources,
				Division of Forest Resources, 600 North Grand Avenue West, P.O. Box 19225,
				Springfield, Illinois 62794-9225.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1580 - GINSENG HARVEST AND COMMERCE REGULATIONS › Section 1580.10 - Licensing Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ginseng
			 dealer, grower and harvester licenses are available for purchase through DNR
			 authorized vendors, and through DNR Direct by phone (1-888-673-7648) and over
			 the internet (
www.dnr.state.il.us
).
b) Fees for licenses shall be as follows:
1) $25 for grower's license
2) $50 for resident dealer's
			 license
3) $100 for non-resident
			 dealer's license
4) $7 for ginseng
			 harvester's license
5) $.50 issuing
			 fee for each license
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1580 - GINSENG HARVEST AND COMMERCE REGULATIONS › Section 1580.35 - Harvest Regulations for Wild Ginseng

Current through Register Vol. 48, No. 28, July 12, 2024
a) The harvest of wild ginseng shall be
			 limited to plants that are 10 years of age (4 leafed) or older.
b) When harvesting wild ginseng, harvesters
			 shall plant all of the seeds from the harvested plants in the vicinity of the
			 parent plants in a manner that will encourage their germination and
			 growth.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1580 - GINSENG HARVEST AND COMMERCE REGULATIONS › Section 1580.40 - Records of Dealers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Dealers must
			 keep a written record of their purchases on forms provided by the Department of
			 Natural Resources including:
1) name and
			 address of seller and seller's harvester, dealer or grower license
			 number,
2) counties and states
			 where the ginseng was harvested (when purchase is from two or more states or
			 counties a separate entry must be made for each state and Illinois
			 county),
3) weight in pounds and
			 ounces of purchased ginseng,
4)
			 whether ginseng was wet or dry,
5)
			 date ginseng was purchased,
6)
			 whether ginseng was certified as to origin by a previous dealer (if so give
			 name of dealer and date of certification),
7) whether ginseng was wild or
			 cultivated.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1580 - GINSENG HARVEST AND COMMERCE REGULATIONS › Section 1580.50 - Records of Growers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ginseng
			 growers must keep a written record of the location and size of their cultivated
			 ginseng stands on forms provided by the Department of Natural Resources. Such
			 record shall contain:
1) the area of stands in
			 acres or square feet if a fraction of an acre,
2) whether stand is growing under natural
			 (trees) or artificial shade.
3)
			 legal location of stands to the quarter quarter section (40 acre
			 tract).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1580 - GINSENG HARVEST AND COMMERCE REGULATIONS › Section 1580.60 - Reports of Growers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The location,
			 size and type of shade of each cultivated stand must be reported to the
			 Department of Natural Resources by April 1 of each year on forms provided by
			 the Department.
b) The written
			 harvest record for cultivated ginseng must be available for examination by
			 agents of the Department during normal business hours and an annual report of
			 harvests must be submitted to the Department of Natural Resources upon sale of
			 the season's crop or April 1 of the following year whichever comes
			 first.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1580 - GINSENG HARVEST AND COMMERCE REGULATIONS › Section 1580.70 - Certification of Ginseng Shipments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All ginseng roots harvested in the State of Illinois shall be certified as to
			 origin and legal taking by an agent of the State prior to their being shipped
			 or transported outside of the boundaries of the State.
b) Only Illinois licensed dealers or growers
			 may have ginseng certified within the State.
c) The certification will be on forms
			 provided by the certifying agent and will include:
1) the name and address of the dealer or
			 grower,
2) the weight in pounds and
			 ounces of dried root of both cultivated and wild ginseng,
3) the date of certification,
4) year of harvest,
5) shipment number of dealer or grower for
			 the year,
6) signature of the
			 dealer,
7) signature of the state
			 certifying official,
8) dealer's or
			 grower's State license number.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1585 - WRONGFUL TREE CUTTING › Section 1585.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Commercial Timber" - means species of trees of a size which
				will be purchased by an available primary forest products market, such as for
				sawlogs, pulpwood, veneer, cooperage or forest products, which at the minimum
				will produce one stick of wood with a 4 inch diameter inside the bark at the
				small end and 8 feet long or greater.
"Department" - means the Illinois Department of Natural
				Resources.
"Diameter at Breast Height" (DBH) - means the stem diameter,
				outside bark, at a point
				4.5 feet above
				ground.
"Doyle Log Rule" - is:
(
(D-4)2
)L=BF
4
where: D is diameter of the small end of a log in inches
L is the log length in feet
BF is Board Feet.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1585 - WRONGFUL TREE CUTTING › Section 1585.20 - Volume and Value Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Volume. The Doyle Log Rule will be used to determine board foot
			 volume.
b) Value.
1) No value will be assigned to any tree that
			 will not meet the definition of commercial timber. This Part does not apply to
			 replacement, aesthetic, shade-tree or landscaping value.
2) The unit value will be based on the
			 appraiser's knowledge of commercial timber market values based on comparable
			 sales or sawmill purchases of commercial timber. The estimated value will be
			 the dollar amount of the commercial timber had it been offered for sale on the
			 open market. The "Illinois Timber Price" report issued by the Illinois
			 Department of Agriculture and the Illinois Department of Natural Resources can
			 be used to determine commercial timber value.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1585 - WRONGFUL TREE CUTTING › Section 1585.30 - Appraisers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 15 days
			 after receiving a court order requiring the appointment of these appraisers,
			 the Department shall initiate the contact of enough potential appraisers to
			 obtain 3 who agree to appraise the ordered site. Appraisers shall be either:
1) Timber buyers currently licensed in
			 Illinois; or
2) Individuals
			 possessing at least a bachelor's degree with a major in Forestry and who have
			 expressed a willingness to be a timber appraiser and have a knowledge of
			 Illinois' local commercial timber values.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1585 - WRONGFUL TREE CUTTING › Section 1585.40 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
The parties and their legal representatives will be advised of
				the time and date of the appraisal, and may be present if they so desire. The
				parties are responsible for plainly delineating boundary lines prior to any
				appraisal.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.10 - Establishment of Rules and Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
The following rules and regulations are established for the
				possession and/or training of raptors, and for the issuance of licenses or
				permits to practice falconry, for captive propagation and capture of
				raptors.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.50 - Permit and License Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 It shall be unlawful for any person to take, possess or transport any raptor
			 for falconry purposes or practice falconry in Illinois unless a valid falconry
			 permit has been issued pursuant to this Section or issued by another state in
			 accordance with federal regulations at
			 50 CFR
			 21.29 (January 1, 2011). A falconry permittee
			 in Illinois must also comply with relevant provisions of
			 50 CFR
			 21.29.
1)
			 Residents - Illinois residents may hold raptors in captivity only under a
			 falconry or captive propagation permit issued by the Department.
A) The initial fee for an Illinois falconry
			 permit shall be $200 for 5 years. The permit must be renewed every 5 years for
			 a fee of $200 if raptors are to be possessed or held beyond the permit
			 expiration date.
B) All applicants
			 must be at least 14 years of age.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.60 - Examination and Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to obtain a permit to participate
			 in falconry, the applicant must submit to the Department of Natural Resources,
			 One Natural Resources Way, Springfield, IL 62702-1271, an application
			 containing the following information:
1) The
			 name, address, county, date of birth, phone number and Social Security number
			 or IDNR customer number of the applicant.
2) An applicant who is under 18 years of age
			 must have a parent or legal guardian sign the application. The parent or legal
			 guardian will be legally responsible for the activities of the
			 permittee.
3) A certification
			 stating the applicant has read and is familiar with the regulations in 50 CFR
			 13 and the other applicable parts in 50 CFR chapter 1, subchapter B and that
			 the information submitted is complete and accurate to the best of the
			 applicant's knowledge and belief.
4) Any other information required by the
			 Department to determine if the applicant is eligible for a permit under this
			 Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.70 - Inspection of Facilities, Facility Requirements, Care of Raptors and Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 applicants and falconry permit holders must provide suitable facilities (mews
			 and/or weathering area) for all raptors they possess.
1) All applicant facilities must be inspected
			 and certified by a Department representative prior to issuance of a falconry
			 permit. Permittees who move to a new residence or change the location of their
			 facilities within the State of Illinois prior to the permit's expiration must
			 notify the Department in writing within 5 days and request inspection of any
			 new facilities by a representative of the Department.
2) All falconry permit holders are subject to
			 inspection of raptors, eggs, or parts of raptors, facilities, records and
			 equipment at any reasonable time.
3) Housing facilities for falconry raptors
			 may be located on property not owned by the permittee as long as the facilities
			 meet the requirements in Section
			 1590.80
			 (b,)(c) and (d), and the permittee and landowner sign a dated statement
			 agreeing that the raptors and facilities may be inspected by the Department at
			 any reasonable time of the day in the presence of the landowner, except that
			 Department representatives may not enter the facilities or disturb the raptors
			 unless the permittee is present.
4)
			 A falconer holding an Illinois falconry permit and residing part-time in
			 another state or territory or on tribal lands must contact that jurisdiction to
			 determine if a permit is needed. If a falconer resides for more than 120
			 consecutive days in a state or territory or on tribal lands other than where
			 his or her primary residence is located, then the falconer's facilities at the
			 second location must meet the federal standards (
			 50 CFR
			 21.29(d) ) and the second
			 facilities must be listed on the falconer's permit.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.80 - Falconry Permits - Classes and Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Apprentice Class Falconer
1) Permittees shall be at least 14 years of
			 age. An applicant under 18 years of age must have a parent or legal guardian
			 sign the application. The parent or legal guardian will be legally responsible
			 for the activities of the permittee. The permittee's raptor facilities must
			 pass inspection by the Department before a permit is granted.
2) An apprentice falconer must have a letter
			 from a sponsor possessing a valid master falconry or general falconry permit,
			 issued by a state, tribe or territory, who is at least 18 years old and has at
			 least 2 years experience at the general falconer level, stating that he or she
			 will assist the apprentice, as necessary, in learning about the husbandry and
			 training of wild raptors held for falconry, learning about the relevant
			 wildlife laws and regulations, and deciding what species of raptor is
			 appropriate for the apprentice to possess. A sponsor who wishes to withdraw
			 sponsorship of an apprentice class permittee must notify the apprentice via a
			 registered letter and provide the Department with a copy of the letter and
			 receipt showing the letter was received. The apprentice shall have 45 days from
			 the date of the letter to secure another sponsor or shall forfeit his or her
			 permit.
3) An apprentice falconer
			 may possess no more than one raptor and may obtain no more than two replacement
			 raptors during any 12-month period. Any species of the order Falconiform or
			 Strigiform may be possessed, including wild, captive-bred or hybrid individuals
			 except a federal or State listed threatened or endangered species, prohibited
			 species, white-tailed eagle (Haliaeetus albicilla), Steller's sea-eagle
			 (Haliaeetus pelagicus), or golden eagle (Aquila chrysaetos). A raptor taken
			 from the wild as an eyass or that is imprinted on humans may not be possessed.
			 A wild raptor can be transferred to an apprentice by another falconry
			 permittee.
4) An apprentice
			 falconer may take a raptor less than 1 year old, except an eyass, from the wild
			 only while under the direct supervision of his or her falconry sponsor. Any
			 Falconiform or Strigiform species may be taken from the wild, except a federal
			 or State listed threatened or endangered species, prohibited species,
			 white-tailed eagle, Steller's sea-eagle, golden eagle, American swallow-tailed
			 kite (Elanoides forficatus), Swainson's hawk (Buteo swainsoni), peregrine
			 falcon (Falco peregrines), flammulated owl (Otus flammeolus), elf owl
			 (Micrathene whitneyi) and short-eared owl (Asio flammeus).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.82 - Banding Requirements - Falconry Raptors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every raptor possessed under authority of
			 an Illinois falconry permit must be identified by a band within 5 days after
			 acquisition of the raptor. A seamless numbered band may not be placed on a wild
			 raptor but must be placed on a captive-reared raptor in accordance with Section
			 1580.85(a)(2). A seamless band may not be placed on a wild raptor. If a marker
			 or band must be removed or is lost, the loss must be reported within 5 days and
			 the permittee must request a U.S. Fish and Wildlife Service nonreusable band
			 from the Department. The required information must be submitted within 10 days
			 after rebanding the raptor at https://epermits.fws.gov/falcp and by submitting
			 a form 3-186A to the Department. The marker or band must be replaced by a
			 marker or bank provided by the Department. An ISO (International Organization
			 for Standardization) compliant (134.2 kHz) microchip may be implanted in a
			 falconry raptor in addition to the band.
b) A marker or band must not be altered,
			 defaced or counterfeited. The rear tab from a band on a raptor taken from the
			 wild may be removed and any imperfect surface may be smoothed as long as the
			 integrity of the marker or band and numbering on it is not affected.
c) If health or injury problems are detected
			 in a raptor due to the band, then a falconer can apply to the Department for an
			 exemption to the banding requirement by a written letter and photographs,
			 describing the history of the injury or health problem. If an exemption is
			 granted, then the band must be replaced with an implanted ISO compliant (134.2
			 kHz) microchip. If the bird is a wild goshawk, Harris's Hawk (Parabuteo
			 unicinctus), peregrine falcon, or gyrfalcon (Falco rusticolus), then the band
			 must be replaced with an implanted ISO compliant microchip supplied by FWS and
			 obtained from the Department. FWS and the Department will not provide
			 microchips for any other species.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1590 - FALCONRY AND THE CAPTIVE PROPAGATION OF RAPTORS › Section 1590.85 - Captive Propagation - Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Captive Propagation. Unless this Part is more restrictive,
				federal regulations at
				50 CFR
				21.30 shall govern the activities of Illinois
				captive propagation permittees. Raptors held for captive propagation purposes
				may be held only under permits from both the U.S. Fish and Wildlife Service and
				the Department. The initial fee for a captive propagation permit is $200 for 5
				years. The permit must be renewed every 5 years for a fee of $200 if raptors
				are to be possessed beyond the permit expiration date. A holder of an Illinois
				captive propagation permit must also hold a general or master class Illinois
				falconry permit. An Illinois captive propagation permit holder may transfer,
				purchase, sell or barter captive-bred raptors, raptor eggs or raptor semen in
				accordance with
				50 CFR
				21.30, this Part and the laws of other
				jurisdictions in which these products are transferred, purchased, sold or
				bartered. Nothing in this Part shall prevent a permittee from holding
				individual birds under the authority of both the falconry permit and the
				captive propagation permit at the same time, within the numerical limits for
				the falconry permit.
a) Raptors
			 possessed for falconry may be used for captive propagation if the person
			 overseeing the propagation has the proper State captive propagation permit and
			 a federal raptor propagation permit. A falconry raptor does not need to be
			 transferred to a propagation permit if it is used in captive propagation less
			 than 8 months a year. However, a falconry raptor shall be transferred, if it is
			 to be used permanently for captive propagation, in accordance with Section
			 1590.100
			 and banded in accordance with subsections (b) and (c) of this
			 Section.
b) A raptor bred in
			 captivity shall be banded with an FWS seamless metal band. If a band must be
			 removed or is lost, it shall be reported electronically at
			 https://epermits.fws.gov/falcp and by submitting a form 3-186A to the
			 Department and a replacement band requested of the FWS no less than 10 days
			 after the band is removed or lost. A seamless band that is removed or lost
			 shall be replaced on the raptor with a nonreusable band supplied by the
			 Department.
c) An ISO compliant
			 microchip (134.2 kHz) may be implanted in a falconry raptor bred in captivity,
			 in addition to the seamless metal band.