Illinois Administrative Code › Title 17 - CONSERVATION › Part 885 - HERPTILE CODE › Section 885.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Herptile-Herps Act [ 510 ILCS 68 ].
"
Administrative rule" means a regulatory
				measure
adopted, pursuant to the Illinois Administrative Procedure Act
				[ 5 ILCS 100 ],
by the Director under the Act
.
"Authorized Law Enforcement Officer" means all sworn
				members of the Law Enforcement Division of the Department and those persons
				specifically granted law enforcement authorization by the
				Director.
"Bonafide Scientific or Educational Institution" means
				confirming educational or scientific tax-exemption from the federal Internal
				Revenue Service or the applicant's national, state or local tax authority, or a
				statement of accreditation or recognition as an educational
				institution.
"Code" means the Fish and Aquatic Life Code [ 515 ILCS 5
				].
"Commercialize" means to sell, offer for sale, barter, trade or
				otherwise assign a commercial value to a herptile protected under this
				Part.
"Contraband" means all reptile or amphibian life taken,
				bought, sold or bartered, shipped, or held in possession or
held in
any conveyance, vehicle, watercraft or other means of transportation
				whatsoever, except sealed railroad cars or other sealed common carriers, used
				to transport or ship any reptile or amphibian life or any part of reptile or
				amphibian life taken, contrary to the Act or this Part, or used to transport,
				contrary to the Act or this Part, any of the specified species when taken
				illegally.
"Culling" means picking out from others and removing
				rejected members because of inferior quality.
"Department" means the Illinois Department of Natural
				Resources.
"Director" means the Director of the Illinois
				Department of Natural Resources.
"Educational Program" means a program of organized
				instruction or study for providing education intended to meet a public
				need.
"Endangered or Threatened Species" means any species
				listed as endangered or threatened to the species level on either the Illinois
				List of Endangered and Threatened Fauna or the federal U.S. Fish and Wildlife
				Service List of Threatened or Endangered Species.
"Herptile Special Use Permit" means the permit issued by the
				Department under Section 10-15 of the Act and Sections 885.120, 885.140 and
				885.150 of this Part that authorizes use of special use herptiles for programs
				of a bonafide educational purpose.
"HSCP" means the Herptile Scientific Collection Permit
				described in Section 885.50.
"Herptile" means collectively any amphibian or reptile
				taxon, whether indigenous to this State or not.
"Indigenous" or "Native Taxa" means those amphibians
				and reptiles to the subspecies level
(where applicable)
that
				can be found naturally in this State
.
"Individual" means a natural person.
"Limited Entry Special Use Herptile Permit" or "Limited Entry
				Permit" means a Herpetoculture Permit or Special Use Herptile Permit issued to
				a nonresident of Illinois allowing that person to bring specified herptiles
				into Illinois for a limited period not to exceed 30 days.
"Medically Significant" means a venomous or poisonous
				species whose venom or toxin can cause death or serious illness or injury in
				humans that may require emergency room care or the immediate care of a
				physician. These species are categorized as being "medically significant" or
				"medically important".
"Non-listed" means a species that is not endangered or
				threatened.
"Owner" means an individual who has a legal right to
				the possession of a herptile.
"Person" means any individual, partnership,
				corporation, organization, trade or professional association, firm, limited
				liability company, joint venture or group.
"Possession Limit" means the maximum number or amount
				of herptiles
either alive or dead
that can be lawfully held or
				possessed by one person at any time.
"Possessor" means any person who possesses, keeps,
				harbors, brings into the State, cares for, acts as custodian for, has in his or
				her custody or control or holds a property right to a herptile.
"Ranavirus" means any group of viruses in the family
				Iridoviridae that are highly infectious and often lethal to aquatic and
				terrestrial cold-blooded wildlife. Ranaviruses can cause mass die-offs,
				especially in aquatic populations. These viruses are found nearly worldwide and
				can infect any species of fish, amphibian or reptile.
"Reptile Show" means any event open to the public, for
				a fee or without a fee, that is not a licensed pet store, where herptiles or
				herptiles together with other animals are exhibited, displayed, sold, bought,
				traded or otherwise made available for public display.
"Resident" means a person who in good faith makes
				application for any license or permit and verifies by statement that he or she
				has maintained his or her permanent abode in this State for a period of at
				least 30 consecutive days immediately preceding the person's application, and
				who does not maintain permanent abode or claim residency in another state for
				the purposes of obtaining any of the same or similar licenses or permits under
				the Act. A person's permanent abode is his or her fixed and permanent dwelling
				place, as distinguished from a temporary or transient place of residence.
				Domiciliary intent is required to establish that the person is maintaining his
				or her permanent abode in this State. Evidence of domiciliary intent includes,
				but is not limited to, the location where the person votes, pays personal
				income tax, or obtains a driver's license. Any person
qualifying as a
				resident under this definition who is
on active duty in the Armed
				Forces shall be considered a resident of Illinois during his or her period of
				military duty.
"Special Use Herptile" means any taxon of amphibian or
				reptile
(including, but not limited to crocodilians, Komodo dragons,
				crocodile monitor lizards, or venomous species)
for which a Special Use
				Herptile Permit is required
to acquire and possess.
"Take" means possess, collect, catch, detain, hunt,
				shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare or
				harass, or an attempt to do so.
"Taxidermy Services" means the act of preparing, preserving,
				stuffing and/or mounting the skins of animals with lifelike effect (e.g.,
				mounting, cleaning, tanning).
"Taxon" or the plural "Taxa" means a taxonomic category such as
				a genus, species or subspecies.
"Transport" or "Ship" means to convey by parcel post,
				express, freight, baggage or shipment by common carrier of any description; by
				automobile, motorcycle or other vehicle of any kind; by water or aircraft of
				any kind; or by any other means of transportation.
"Turtle Farming" means the act of breeding, hatching,
				raising or selling turtles, or any combination, commercially for the purpose of
				providing turtles, turtle eggs or turtle parts to pet suppliers, exporters and
				food industries.
"Voucher Herptile" means an actual herptile specimen deposited
				into a museum or scientific institution collection as proof of its existence in
				the locality at which it was collected.
"Wildlife Sanctuary" means any non-profit organization
				that:
is exempt from taxation and currently confirmed as
				exempt under the federal Internal Revenue Code;
operates a place of refuge where wild animals are
				provided care for their lifetime or released back to their natural
				range;
does not conduct activities on animals in its
				possession that are not inherent to the animal's nature;
does not use animals in its possession for
				entertainment;
does not sell, trade or barter animals in its
				possession or parts of those animals; and
does not breed animals in its possession.
[
				510 ILCS 68/1-15
				]