Illinois Administrative Code › Title 17 - CONSERVATION › Part 1070 - POSSESSION OF SPECIMENS OR PRODUCTS OF ENDANGERED OR THREATENED SPECIES › Section 1070.20 - Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) It shall
			 be unlawful for any person to take, possess, transport, purchase, or dispose of
			 specimens or products of an endangered or threatened animal or federal
			 endangered plant after the date of listing unless a valid permit for such
			 activity has been issued pursuant to this Part or as otherwise provided for in
			 this Section or 17 Ill. Adm. Code 1590 (Falconry and the Captive Propagation of
			 Raptors) or [515 ILCS
			 5/20-85 ]; [520 ILCS 5/3.11, 3.12, 3.15, 3.16, 3.18
			 and 3.21 ].
b) Any person having a
			 current, valid permit issued by the U.S. Fish and Wildlife Service pursuant to
			 the Federal Endangered Species Act of 1973 ( P.L. 93-205, effective December
			 28, 1973) or an Exhibitor Permit issued by the U.S. Department of Agriculture
			 for the taking, possession, transportation, purchase, or disposal of species
			 designated as endangered or threatened by the Secretary of the Interior of the
			 United States and not known to occur within the State of Illinois, shall be
			 considered to have met the requirements for issuance of a permit pursuant to
			 this Part and shall be issued a permit upon request.
c) Notwithstanding subsection (a), any person
			 may possess or transport a species on the Illinois list within Illinois for
			 purposes such as circuses, theatrical acts, carnivals, or displays, provided
			 that the listed species is held under a current, valid permit for such purposes
			 issued by the U.S. Fish and Wildlife Service pursuant to the Federal Endangered
			 Species Act of 1973 ( P.L. 93-205, effective December 28, 1973) or an Exhibitor
			 Permit issued by the U.S. Department of Agriculture or the appropriate
			 authorities of a state other than Illinois, for a period not to exceed 30 days
			 in any calendar year.
d)
			 Notwithstanding subsection (a), any employee or agent of the Department or the
			 Board or the U.S. Fish and Wildlife Service who is designated by that agency
			 for such purposes, shall be authorized, when acting in the course of his
			 official duties, to take endangered or threatened animals without a permit if
			 such action is necessary to aid a sick, injured or orphaned specimen; or
			 dispose of a dead specimen; or salvage a dead specimen which may be useful for
			 scientific study or educational purposes.
e) Any taking pursuant to subsection (d) must
			 be reported in writing to the Program Manager within 10 working days.
f) It shall be unlawful for any person to
			 possess, purchase, or dispose of specimens or products of an endangered or
			 threatened animal or federal endangered plant which was in the possession of
			 that person prior to May 1, 1973, or acquired legally out-of-state unless a
			 valid limited permit for such activity has been issued pursuant to this Part,
			 which permit shall be issued upon proof of pre-Act or legal
			 acquisition.
g) It shall be
			 unlawful for any person to propagate or attempt to propagate any endangered or
			 threatened animal or federal endangered plant unless a valid permit
			 specifically allowing such activity has been issued pursuant to this
			 Part.
h) It shall be unlawful for
			 any person to perform taxidermic services upon any product of an endangered or
			 threatened species except as allowed by this Part.
i) It shall be unlawful for any person to
			 possess an endangered or threatened animal for purposes of veterinary
			 rehabilitation for a period exceeding 90 days unless a valid permit for such
			 activity has been issued pursuant to this Part. Only persons holding a
			 rehabilitation permit issued by the Department shall possess endangered or
			 threatened animals for such purposes. All rehabilitators are required to notify
			 the Program Manager within 10 working days of the receipt of any endangered or
			 threatened animals. Release of rehabilitated animals shall be only at the
			 location at which the animal was collected or at another location approved by
			 the Department.
j) Permits issued
			 under this Part or valid copies thereof must be in the possession of the holder
			 or his agent when engaged in activities involving endangered or threatened
			 animals or federal endangered plants and presented upon demand to any
			 authorized officer or agent of the Department or any police officer of the
			 State of Illinois or of any unit of local government within the State of
			 Illinois.
k) No person shall
			 transfer a permit issued pursuant to this Part to another person.
l) Except as otherwise stated on the face of
			 a permit, any person who is under the direct control of the permittee, or who
			 is employed by or under contract to the permittee for the purposes authorized
			 by the permit, may carry out the activity authorized by the permit.
m) The authorizations on the face of a permit
			 which allow specific activities (e.g., taking, possession, disposal), specify
			 numbers or quantities of specimens or products, or otherwise permit a
			 specifically limited matter, are to be strictly construed and shall not be
			 interpreted to permit similar or related matters outside the scope of strict
			 construction.
n) A permittee who
			 furnishes his permit to the Director for endorsement or correction in
			 compliance with this Part may continue those activities authorized by the
			 permit pending its return.
o) All
			 correspondence regarding permits issued pursuant to this Section shall be
			 addressed to:
Endangered Species Program Manager
Resource Protection and Stewardship
Illinois Department of Natural Resources
One Natural Resources Way
Springfield IL 62702-1271