§ 1-1. Short title. This Act may be cited as the Herptiles-Herps Act.
P.A. 98-752, § 1-1, eff. Jan. 1, 2015.
§ 1-5. Purpose. For purposes of this Act, reptiles and amphibians shall be exempt from the definition of “aquatic life” under Section 1-20 of the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals provisions in Section 48-10 of the Criminal Code of 2012 related to reptiles and amphibians shall be covered exclusively by this Act.
P.A. 98-752, § 1-5, eff. Jan. 1, 2015.
§ 1-10. Administrative agency. This Act shall be administered and under the direction of the Department of Natural Resources.
P.A. 98-752, § 1-10, eff. Jan. 1, 2015.
“Administrative rule” means a regulatory measure issued by the Director under this 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.
“Bona fide 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.
“Contraband” means all reptile or amphibian life or any part of reptile or amphibian life taken, bought, sold or bartered, shipped, or held in possession or 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 this Act, including administrative rules, or used to transport, contrary to this Act, including administrative rules, 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 and Endangered Species.
“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 that can be found naturally in this State.
“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”.
“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 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 a custodian for, has in his or her custody or control, or holds a property right to a herptile.
“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 this 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 drivers license. Any person 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 for which a Herptile Special Use permit is required.
“Take” means possess, collect, catch, detain, hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare, harass, or an attempt to do so.
“Transport” or “ship” means to convey by parcel post, express, freight, baggage, or shipment by common carrier or 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, selling turtles, or any combination commercially for the purpose of providing turtles, turtle eggs, or turtle parts to pet suppliers, exporters, and food industries.
“Wildlife sanctuary” means any non-profit organization that: (1) is exempt from taxation under the federal Internal Revenue Code and is currently confirmed as tax exempt by the federal Internal Revenue Service; (2) operates a place of refuge where wild animals are provided care for their lifetime or released back to their natural range; (3) does not conduct activities on animals in its possession that are not inherent to the animal's nature; (4) does not use animals in its possession for entertainment; (5) does not sell, trade, or barter animals in its possession or parts of those animals; and (6) does not breed animals in its possession.
P.A. 98-752, § 1-15, eff. Jan. 1, 2015.
(a) The possession limit for indigenous amphibian and reptile taxa (excluding common snapping turtles and bullfrogs) is 8 total collectively with no more than 4 per species. Young of gravid wild-collected amphibians and reptiles shall be returned to the site of adult capture after birth.
(b) Only residents may possess herptiles collected from the wild within this State under a valid sport fishing license; non-residents may not possess herptiles collected from the wild within this State except for scientific purposes, with a Herptile Scientific Collection permit.
(c) All herptile species (other than bullfrogs and common snapping turtles) may be captured by hand. This shall not restrict the use of legally taken herptiles as bait by anglers. Any captured herptiles that are not to be retained in the possession of the captor shall be immediately released at the site of capture, unless taken with a lethal method such as bow and arrow, gig, spear, or pitchfork which does not permit release without harm. All common snapping turtles and bullfrogs taken for personal consumption must be kept and counted in the daily catch creel or bag. No culling of these 2 species for personal consumption is permitted.
(d) The trier of fact may infer that a person is collecting from the wild within this State if he or she possesses indigenous reptiles or amphibians, in whole or in part, if no documentation exists stating that the animals were legally collected from the wild outside of this State.
(e) Residents may possess a total of 8 native herp specimens collectively, with no more than 4 per species, without obtaining and possessing either a Herptile Scientific Collection permit or Herpetoculture permit from the Department, regardless of the origin of the species. A sport fishing license is required for residents to legally collect any native herp taxon on private land, with the landowner's permission. Collecting herptiles on public lands shall require additional permits.
(f) Any resident wishing to possess more than his or her allowed possession limit shall first apply to the Department for a Herptile Scientific Collection permit or Herpetoculture permit to do so. Issuance, modification, or denial of any and all of these permits shall be at the sole discretion of the Department.
(g) Due to the similarity of appearance (S/A) of certain intergrade or hybrid specimens, the Department retains the authority to enforce any and all provisions under this Act. Specimens determined by the Department, or its agents, to fit into this S/A category shall receive all benefits of this Act, as well as the Illinois Endangered Species Protection Act if applicable, and shall be included in an individual's overall possession limit.
P.A. 98-752, § 5-5, eff. Jan. 1, 2015.
(a) It is unlawful to take, possess, buy, sell, offer to buy or sell or barter any reptile, amphibian, or their eggs, any resulting offspring, or parts taken from the wild in this State for commercial purposes unless otherwise authorized by law.
(b) The trier of fact may infer that a person is collecting from the wild within this State for commercial purposes if he or she possesses indigenous reptiles or amphibians, in whole or in part, for which no documentation exists stating that the animals were legally collected from the wild outside this State.
(c) Due to the similarity of appearance (S/A) of certain intergrade or hybrid specimens, the Department retains the authority to enforce any and all provisions under this Act. Specimens determined by the Department, or its agents, to fit into this S/A category shall receive all benefits of this Act, as well as the Illinois Endangered Species Protection Act if applicable, and shall be included in an individual's overall possession limit.
(d) A valid, Department-issued Herpetoculture permit shall apply only to indigenous herp taxa. A Herpetoculture permit shall not be required in order to commercialize non-indigenous herp taxa except as otherwise prohibited or regulated under this Act.
(e) Indigenous herp taxa collected from the wild in this State may not be bred unless otherwise authorized by the Department for research or recovery purposes.
P.A. 98-752, § 5-10, eff. Jan. 1, 2015.
§ 5-15. Protection of habitat. Habitat features that are disturbed in the course of searching for reptiles and amphibians shall be returned to as near its original position and condition as possible, for example overturned stones and logs shall be restored to their original locations.
P.A. 98-752, § 5-15, eff. Jan. 1, 2015.
§ 5-20. Taking of endangered or threatened species.
(a) No person shall take or possess any of the herptiles listed in the Illinois Endangered Species Protection Act or subsequent administrative rules, except as provided by that Act.
(b) Any Department-permitted threatened or endangered (T/E) herptile species shall be exempt from an individual's overall possession under the permitting system set forth in this Act. However, any and all T/E specimens shall be officially recorded with the Department's Endangered Species Conservation Program. Any species occurring on the federal T/E list also requires a Department permit for possession, propagation, sale, or offer for sale unless otherwise permitted through the Department.
(c) Due to the similarity of appearance (S/A) of certain intergrade or hybrid specimens, the Department retains the authority to enforce any and all provisions under this Act. Specimens determined by the Department, or agents, to fit into this S/A category shall receive all benefits of this Act, as well as the Illinois Endangered Species Protection Act if applicable, and shall be included in an individual's overall possession limit.
(d) Federally licensed exhibits shall not be exempt from the Illinois Endangered Species Protection Act.
(e) Any changes in T/E permit numbers for herptiles by current, existing permit holders shall be reported to the Department in writing no later than the first business day after that change occurred. Requests for permits by any resident acquiring a T/E species who is not permitted shall not be issued after-the-fact.
(f) Annual reports are due by January 31 of each year for the preceding year's activities. Failure to submit the annual report by the due date shall result in a permit violation.
(g) An annual fee for herptile T/E species permits, per permittee, shall be set by administrative rule. All fees for herptile T/E species permits shall be deposited into the Wildlife Preservation Fund.
(h) Procedures for acquisition, breeding, and sales of T/E herptile species shall be set forth in administrative rule.
(i) Record keeping requirements for T/E herptile species shall be set forth in administrative rule.
P.A. 98-752, § 5-20, eff. Jan. 1, 2015.
§ 5-25. Taking of snakes. Unless otherwise provided in this Act, any non-threatened or non-endangered snake may be taken by the owners or bona fide tenants of lands actually residing on the lands and their children, parents, brothers, and sisters permanently residing with them.
P.A. 98-752, § 5-25, eff. Jan. 1, 2015.
§ 68/5-30. Taking of turtles or bullfrogs; illegal devices.
(a) No person shall take turtles or bullfrogs by commercial fishing devices, including dip nets, hoop nets, traps, or seines, or by the use of firearms, airguns, or gas guns. Turtles may be taken only by hand or means of hook and line.
(b) Bullfrog; common snapping turtle; open season.
(1) All individuals taking bullfrogs shall possess a valid sport fishing license and may take bullfrogs only during the open season to be specified by administrative rule. Bullfrogs may only be taken by hook and line, gig, pitchfork, spear, bow and arrow, hand, or landing net.
(2) The daily catch limit and total possession limit for all properly licensed persons shall be specified by administrative rule.
(3) All persons taking common snapping turtles shall possess a valid sport fishing license and may take common snapping turtles only during the open season to be specified by administrative rule. Common snapping turtles (Chelydra serpentina) may be taken only by hand, hook and line, or bow and arrow, except in the counties listed in Section 5-35 where bowfishing for common snapping turtles is not allowed.
(4) The daily catch limit and total possession limit for all properly licensed persons shall be specified by administrative rule.
(c) The alligator snapping turtle (Macrochelys temminckii) is protected and may not be taken by any method including, but not limited to, any sport fishing method.
P.A. 98-752, § 5-30, eff. Jan. 1, 2015.
The LaRue-Pine Hills or Otter Pond Research Natural Area in Union County. The closed area shall include the Research Natural Area as designated by the U.S. Forest Service and the right-of-way of Forest Road 345 with Forest Road 236 to the intersection of Forest Road 345 with the Missouri Pacific railroad tracks. Unless otherwise authorized, possession of any collecting equipment is prohibited within the closed area.
(b) In the following counties bowfishing for common snapping turtles is not permitted: Randolph, Perry, Franklin, Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski, and Alexander, or in any additional counties added through administrative rule.
(c) Collection of wild turtles for races or other types of events involving congregating and gathering numbers of wild turtles is prohibited in counties where ranavirus has been documented. Inclusion on the county list shall be determined by rule.
P.A. 98-752, § 5-35, eff. Jan. 1, 2015.
(a) Except as provided for in subsection (a) of Section 5-5, no herptile indigenous species may be moved, translocated, or populations repatriated within this State without approval of the Department, after review of a proposal complete with long-term monitoring plan at least 5 years post-release.
(b) It shall be unlawful to intentionally or negligently release any non-indigenous herptile species into this State.
P.A. 98-752, § 5-40, eff. Jan. 1, 2015.
Venomous reptiles include, but are not limited to, any medically significant venomous species of the families or genera of the Order Squamata: Helodermatidae, such as gila monsters and beaded lizards; Elapidae, such as cobras and coral snakes; Hydrophiidae, such as sea snakes; Viperidae and Crotalinae, such as vipers and pit vipers; Atractaspididae, such as burrowing asps; Colubridae in the following genera that shall be determined by administrative rule: West Indian racers (Alsophis); boigas and mangrove snakes (Boiga); road guarders (Conophis); Boomslangs (Dispholidus); false water cobras (Hydrodynastes); varied or hooded keelbacks (Macropisthodon); Montpellier snakes (Malpolon); kukri snakes (Oligodon); collared snakes (Phalotris); palm snakes or green racers (Philodryas); sand snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked snakes (Rhamphiophis); twig snakes (Thelotornis); black tree snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes (Waglerophis); false fer-de-lances (Xenodon); specimens or eggs of the brown tree snake (Boiga irregularis); and any other species added through legislative process designated.
P.A. 98-752, § 10-5, eff. Jan. 1, 2015.
It is not a defense to a violation of Article 65 that the person violating that Article has had the venomous reptile surgically altered to render it harmless.
P.A. 98-752, § 10-10, eff. Jan. 1, 2015.
In addition to those requirements listed in Articles 60 and 65 of this Act, Herptile Special Use permits may be issued to residents using approved venomous reptile species only for bona fide educational programs, following an inspection and approval of the proposed facilities. A minimum of 6 documented programs shall be required of each permittee per calendar year. Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department by administrative rule and documented proof of educational programs completed on the recipient's letterhead. Prospective permittees must have 250 documented hours of experience with venomous reptiles. The Department or the Department of Agriculture reserves the right to inspect permittees and facilities during reasonable hours. Additions to permits must be approved prior to acquisition of additional venomous reptiles, and any changes shall be reported to the Department in writing no later than the first business day after that change occurred.
P.A. 98-752, § 10-15, eff. Jan. 1, 2015.
Permittees may keep legally obtained venomous reptile specimens native to the United States, except the following species: Eastern diamondback rattlesnakes (Crotalus adamanteus); Western diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes (Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus oreganus helleri); Eastern and Texas coral snakes (Micrurus fulvius); Sonoran coral snakes (Micruroides euryxanthus); and timber/canebrake rattlesnakes (Crotalus horridus) from the southern portions of their range (Oklahoma, southern Arkansas, Louisiana, and also southeastern South Carolina south through eastern Georgia to northern Florida), known as “Type A” and containing canebrake toxin.
Except for Boomslangs (Dispholidus), twig snakes (Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green racer (Philodryas olfersii), and brown tree snake (Boiga irregularis), medically significant snakes in the family Colubridae defined in Section 10-5 of this Article may be possessed with a permit.
P.A. 98-752, § 10-20, eff. Jan. 1, 2015.
Permittees shall keep approved venomous reptiles in strong escape-proof enclosures that at a minimum are: impact resistant, locked at all times, prominently labeled with the permittee's full name, address, telephone number, list of cage contents by scientific and common names, and a sign labeled “venomous”. The signage shall also include the type and location of antivenom and contact information of the person or organization possessing the antivenom.
P.A. 98-752, § 10-25, eff. Jan. 1, 2015.
Permittees shall keep approved venomous reptiles in strong escape-proof enclosures that at a minimum are: impact resistant, locked at all times, prominently labeled with the permittee's full name, address, telephone number, list of cage contents by scientific and common names, and a sign labeled “venomous”. Labeling shall also include the type and location of antivenom and contact information of the person or organization possessing the antivenom. Interiors of enclosures may not be accessible to the public.
P.A. 98-752, § 10-30, eff. Jan. 1, 2015.
During transport of any approved venomous reptile, it must be kept out of sight of the public in an escape-proof enclosure at all times that is labeled “venomous”. Transport of any venomous reptile to any public venue, commercial establishment, retail establishment, or educational institution shall only be for bona fide educational programs or veterinary care.
P.A. 98-752, § 10-35, eff. Jan. 1, 2015.
Venomous reptiles shall not be bred, sold, or offered for sale within this State. The Department may approve limited transfers among existing permittees at the sole discretion of the Department.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to use venomous reptiles in bona fide educational programs. The fee for the permit shall be set by administrative rule, and all fees shall be deposited into the Wildlife and Fish Fund.
P.A. 98-752, § 10-40, eff. Jan. 1, 2015.
Nothing shall prohibit lawfully acquired possession of any of the Boidae family, such as boas, pythons, and anacondas, provided captive maintenance requirements from the Department as set forth in this Act are met. All boas, pythons, and anacondas referenced in this Act are exempt from the permit process, associated annual fee, and liability insurance coverage.
P.A. 98-752, § 15-5, eff. Jan. 1, 2015.
Any species of boa, python, or anaconda not native to the United States, regardless of length, must be properly maintained in suitable, strong, impact resistant, escape-proof enclosures at all times unless being used for bona fide educational programs or trips for veterinary care.
P.A. 98-752, § 15-10, eff. Jan. 1, 2015.
During any bona fide educational program involving boas, pythons, or anacondas not native to the United States, the owner or affiliated agent must maintain physical possession of the snake at all times if removed from a container or cage. Interiors of cages or containers used during educational programs may not be accessible to the public.
P.A. 98-752, § 15-15, eff. Jan. 1, 2015.
During transport of any boa, python, or anaconda, the snake must be kept out of sight of the public in an escape-proof enclosure at all times.
P.A. 98-752, § 15-20, eff. Jan. 1, 2015.
An owner or affiliated agent must have physical possession and control of any boa, python, or anaconda that is not native to the United States at all times if removed from a container or cage. Uncontained boas, pythons, or anacondas removed from cages for examination or onlooker interaction must be kept confined either behind or at a display table. Interiors of cages or containers may not be accessible to the public.
P.A. 98-752, § 15-25, eff. Jan. 1, 2015.
“Crocodilians” means any species of the Order Crocodilia, such as crocodiles, alligators, caimans, and gavials.
P.A. 98-752, § 20-5, eff. Jan. 1, 2015.
In addition to the requirements listed in Articles 60 and 65 of this Act, Herptile Special Use permits may be issued to residents using crocodilian species only for bona fide educational programs, following an inspection and approval of the proposed facilities. A minimum of 6 documented programs shall be required of each permittee per calendar year. Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department and documented proof of educational programs completed on the recipient's letterhead. The Department or the Department of Agriculture reserves the right to inspect permittees and facilities during reasonable hours. Additions to permits must be approved prior to acquisition of additional crocodilians, and any changes shall be reported to the Department in writing no later than the first business day after that change occurred.
P.A. 98-752, § 20-10, eff. Jan. 1, 2015.
Permittees shall keep crocodilians maintained in suitable, strong, impact resistant, escape-proof enclosures at all times unless being used for bona fide educational programs or trips for veterinary care.
P.A. 98-752, § 20-15, eff. Jan. 1, 2015.
During any bona fide educational program involving crocodilians, the owner or affiliated agent must maintain physical possession and control of the crocodilian at all times if removed from a container or cage. Interiors of cages or containers used during educational programs may not be accessible to the public. Crocodilians removed from their cage or enclosure for educational programs must have either the mouth banded or taped shut or kept at a minimum of 10 feet from the public and also kept out of direct contact with the public.
P.A. 98-752, § 20-20, eff. Jan. 1, 2015.
During transport of any crocodilian, it must be kept out of sight of the public in an escape-proof enclosure at all times. Transport of any crocodilian to any public venue, commercial establishment, retail establishment, or educational institution shall only be for bona fide educational programs or veterinary care.
P.A. 98-752, § 20-25, eff. Jan. 1, 2015.
Crocodilians shall not be bred, sold, or offered for sale within this State.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to use crocodilians in bona fide educational programs. The fee for this permit shall be set by administrative rule, and all fees shall be deposited into the Wildlife and Fish Fund.
P.A. 98-752, § 20-30, eff. Jan. 1, 2015.
“Monitor lizards” means the following members of the Varanidae family, specifically crocodile monitors as well as Komodo dragons.
P.A. 98-752, § 25-5, eff. Jan. 1, 2015.
In addition to those requirements listed in Articles 60 and 65 of this Act, Herptile Special Use permits may be issued to residents using monitor lizard species only for bona fide educational programs, following an inspection and approval of the proposed facilities. A minimum of 6 documented programs on the family Varanidae shall be required of each permittee per calendar year. Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department and documented proof of educational programs completed on the recipient's letterhead. The Department or the Department of Agriculture reserves the right to inspect permittees and facilities during reasonable hours. Additions to permits must be approved prior to acquisition of additional monitor lizards, and any changes shall be reported to the Department in writing no later than the first business day after that change occurred.
P.A. 98-752, § 25-10, eff. Jan. 1, 2015.
Permittees shall keep monitor lizards maintained in suitable, strong, impact resistant, escape-proof enclosures at all times unless being used for bona fide educational programs or trips for veterinary care.
P.A. 98-752, § 25-15, eff. Jan. 1, 2015.
During any bona fide educational program involving monitor lizards, the owner or affiliated agent must maintain physical possession and control of the monitor lizard at all times if removed from a container or cage. Interiors of cages or containers used during educational programs may not be accessible to the public. Monitor lizards removed from their cage or enclosure for educational programs must have either the mouth banded or taped shut, or kept at a minimum of 10 feet from the public and also kept out of direct contact with the public.
P.A. 98-752, § 25-20, eff. Jan. 1, 2015.
During transport of any monitor lizard, it must be kept out of sight of the public in an escape-proof enclosure at all times. Transport of a monitor lizard to any public venue, commercial establishment, retail establishment, or educational institution shall only be for bona fide educational programs or veterinary care.
P.A. 98-752, § 25-25, eff. Jan. 1, 2015.
Monitor lizards shall not be bred, sold, or offered for sale within this State.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to use monitor lizards in bona fide educational programs. The fee for the permit shall be set by administrative rule, and all fees shall be deposited into the Wildlife and Fish Fund.
P.A. 98-752, § 25-30, eff. Jan. 1, 2015.
Turtles shall not be commercially farmed in this State.
P.A. 98-752, § 30-5, eff. Jan. 1, 2015.
Collection of wild turtles for races or other types of events involving congregating and gathering numbers of wild turtles is prohibited in counties where ranavirus has been documented. Inclusion on the county list shall be determined by rule.
P.A. 98-752, § 30-10, eff. Jan. 1, 2015.
For the purposes of this Section, “amphibians” means those medically significant poisonous amphibians capable of causing bodily harm to humans or animals, including, but not limited to, cane or marine toads (Bufo marinus) and Colorado river toads (Bufo alvarius), or any other amphibian found to be medically significant and shall only be allowed for bona fide educational purposes or research purposes by exempted institutions.
Poison dart frogs bred and raised in captivity shall be exempt from the permit process.
P.A. 98-752, § 35-5, eff. Jan. 1, 2015.
Herptile Scientific Collection permits may be granted by the Department, in its sole discretion, to any properly accredited person at least 18 years of age, permitting the capture, marking, handling, banding, or collecting (including hide, skin, bones, teeth, claws, nests, eggs, or young), for strictly scientific purposes, of any of the herptiles not listed as endangered or threatened but now protected under this Act. A Herptile Scientific Collection permit may be granted to qualified individuals for purpose of salvaging dead, sick, or injured herptiles not listed as endangered or threatened but protected by this Act for permanent donation to bona fide public or state scientific, educational, or zoological institutions. Collecting herptiles on public lands shall require additional permits.
P.A. 98-752, § 40-5, eff. Jan. 1, 2015.
The criteria and standards for a Herptile Scientific Collection permit shall be provided by administrative rule. The Department shall set forth applicable rules covering qualifications and facilities needed to obtain a permit. Disposition of herptiles taken under the authority of this Article shall be specified by the Department. The holder of each permit shall make to the Department a report in writing upon forms furnished by the Department. These reports shall be made (i) annually if the permit is granted for a period of one year or (ii) within 30 days after the expiration of the permit if the permit is granted for a period of less than one year. These reports shall include information that the Department considers necessary.
P.A. 98-752, § 40-10, eff. Jan. 1, 2015.
An applicant for a Herptile Scientific Collection permit must file an application with the Department on a form provided by the Department. The application must include all information and requirements as set by administrative rule. The application for these permits shall be reviewed by the Department to determine if a permit should be issued.
Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by non-refundable fee as set by the Department. The annual fee for a Herptile Scientific Collection permit shall be set by administrative rule. The Department shall adopt, by administrative rule, any additional procedures for the renewal of a Herptile Scientific Collection permit. All fees shall be deposited into the Fish and Wildlife Fund.
P.A. 98-752, § 45-5, eff. Jan. 1, 2015.
Any person or business who engages in the breeding, hatching, propagation, sale, or offer for sale of any indigenous herptile, regardless of origin, shall procure a permit from the Department. Herptiles specified, which are bred, hatched, propagated, or legally obtained by a person or business holding a permit as provided for in this Article, may be transported and sold or offered for sale within this State. Indigenous herp taxa collected from the wild in this State shall not be bred unless otherwise authorized by the Department for research or recovery purposes.
P.A. 98-752, § 50-5, eff. Jan. 1, 2015.
Herpetoculture permit holders shall maintain written records of all herptiles indigenous to this State bought, sold, hatched, propagated, sold, or shipped for a minimum of 2 years after the date of the transaction and shall be made immediately available to authorized employees of the Department upon request. These records shall include the name and address of the buyer and seller, the appropriate permit number of the buyer and seller, the date of the transaction, the species name (both common and scientific), and the origin of herptile involved. Records of the annual operations, as may be required by the Department, shall be forwarded to the Department upon request.
The criteria and standards for a Herpetoculture permit shall be provided by administrative rule. The Department shall set forth applicable rules, including a list of herptiles indigenous to this State.
P.A. 98-752, § 50-10, eff. Jan. 1, 2015.
An applicant for a Herpetoculture permit must file an application with the Department on a form provided by the Department. The application must include all information and requirements as set forth by administrative rule. The application for these permits shall be reviewed by the Department to determine if a permit should be issued.
Unless addressed or exempted by administrative rule, annual permit renewal must be accompanied by a non-refundable fee as set by the Department. The annual fee for a residential Herpetoculture permit shall be set by administrative rule. The Department shall adopt, by administrative rule, any additional procedures for the renewal of a Herpetoculture permit. All fees shall be deposited into the Wildlife and Fish Fund.
As determined by the Department, non-residents may apply for a permit not to exceed 15 consecutive days to commercialize herptiles indigenous to this State as outlined in this Article. The fee for the permit shall be set by administrative rule, and all fees shall be deposited into the Wildlife and Fish Fund.
The Department shall adopt, by administrative rule, additional procedures for the renewal of annual Herpetoculture permits.
P.A. 98-752, § 55-5, eff. Jan. 1, 2015.
Nothing in Articles 50 and 55 shall be construed to give permittees authority to breed, hatch, propagate, sell, offer for sale, or otherwise commercialize any herptile or parts thereof from herptiles indigenous to this State, either partially or in whole, that originate from the wild in this State.
Any offspring resulting from the breeding of herptiles where one parent has been taken from the wild in this State and the other parent from non-Illinois stock or captive bred stock may not be legally sold or otherwise commercialized and shall be treated as indigenous or native Illinois herp taxa subject to Article 5 of this Act.
Color or pattern variations (morphs) of any herptile indigenous to this State are not exempt from this Article.
Due to the similarity of appearance (S/A) of certain intergrade or hybrid specimens, the Department retains the authority to enforce any and all provisions under this Act. Specimens determined by the Department, or its agents, to fit into this S/A category shall receive all benefits of this Act, as well as the Illinois Endangered Species Protection Act if applicable.
P.A. 98-752, § 55-10, eff. Jan. 1, 2015.
(2) prior to acquiring a Herptile Special Use permit, the person must provide the name, address, date of birth, permit number, telephone number of the possessor, type or species, and the date the herptile is to be acquired.
The applicant must comply with all requirements of this Act and the rules adopted by the Department to obtain a Herptile Special Use permit. Prior to the issuance of the Herptile Special Use permit, the applicant must provide proof of liability insurance or surety bond, either individually, or in the name of the entity giving the bona fide educational programs, in the amount of $100,000 for each special use herptile up to a maximum of $1,000,000 and the insurance or surety bond is to be maintained during the term of the permit for liability for any incident arising out of or relating to the special use herptile.
P.A. 98-752, § 60-5, eff. Jan. 1, 2015.
An applicant for a Herptile Special Use permit must file an application with the Department on a form provided by the Department. The application must include all information and requirements as set forth by administrative rule.
The annual fee for a residential Herptile Special Use permit shall be set by administrative rule on a per person basis. The Herptile Special Use permit shall not be based on the number of special use herptile kept by an owner or possessor. All fees shall be deposited into the Wildlife and Fish Fund.
The Department shall adopt, by administrative rule, procedures for the renewal of annual Herptile Special Use permits.
Any person possessing and in legal possession of a special use herptile as stipulated in this Article that no longer wishes to keep the herptile may be assisted by the Department, at no charge to them and without prosecution, to place the special use herptile in a new home, within 30 days after the effective date of this Act.
The Department may issue a Limited Entry permit to an applicant who: (i) is not a resident of this State; (ii) complies with the requirements of this Act and all rules adopted by the Department under the authority of this Act; (iii) provides proof to the Department that he or she shall, during the permit term, maintain sufficient liability insurance coverage; (iv) pays to the Department, along with each application for a Limited Entry permit, a non-refundable fee as set by administrative rule, which the Department shall deposit into the Wildlife and Fish Fund; and (v) uses the herptile for an activity authorized in the Limited Entry permit. A Limited Entry permit shall be valid for not more than 30 consecutive days unless extended by the Department, however, no extension shall be longer than 15 days.
P.A. 98-752, § 65-5, eff. Jan. 1, 2015.
A person who does not hold a Herptile Special Use permit or Limited Entry permit and who violates a provision of this Act or an administrative rule authorized under this Act shall have his or her privileges under this Act suspended for up to 5 years after the date that he or she is in violation of an initial offense, for up to 10 years after the date that he or she is in violation of a second offense, and for life for a third or subsequent offense. Department suspensions and revocations shall be addressed by administrative rule.
A person who holds a Herptile Special Use permit or Limited Entry permit and who violates the provisions of this Act shall have his or her permit revoked and permit privileges under this Act suspended for a period of up to 2 years after the date that he or she is found guilty of an initial offense, for up to 10 years after the date that he or she is found guilty of a second offense, and for life for a third offense. Department suspensions and revocations shall be addressed by administrative rule.
A person whose privileges to possess a special use herptile have been suspended or permit revoked may appeal that decision in accordance with the provisions set forth in administrative rule.
P.A. 98-752, § 70-5, eff. Jan. 1, 2015.
A person who possesses a special use herptile must maintain records pertaining to the acquisition, possession, and disposition of the special use herptile as provided by administrative rule. These records shall be maintained for a minimum of 2 years after the date the special use herptile is no longer in possession of the permit holder. All records are subject to inspection by authorized law enforcement officers. In addition to maintaining records, all special use herptiles must be either pit-tagged or microchipped to individually identify them and the pit-tag or microchip numbers are also to be maintained as other pertinent records, unless otherwise provided by administrative rule.
P.A. 98-752, § 75-5, eff. Jan. 1, 2015.
§ 80-5. Injury to a member of public by special use herptiles. A person who possesses a special use herptile without complying with the requirements of this Act and the rules adopted under the authority of this Act and whose special use herptile harms a person when the possessor knew or should have known that the herptile had a propensity, when provoked or unprovoked, to harm, cause injury to, or otherwise substantially endanger a member of the public is guilty of a Class A misdemeanor. A person who fails to comply with the provisions of this Act and the rules adopted under the authority of this Act and who intentionally or knowingly allows a special use herptile to cause great bodily harm to, or the death of, a human is guilty of a Class 4 felony.
P.A. 98-752, § 80-5, eff. Jan. 1, 2015. Amended by P.A. 99-642, § 510, eff. July 28, 2016.
Except as otherwise provided in this Act or by administrative rule, a person shall not own, possess, keep, import, transfer, harbor, bring into this State, breed, propagate, buy, sell, or offer to sell, or have in his or her custody or control a special use herptile.
A person shall not release any special use herptile into the wild at any time unless authorized by the Director in writing. The possessor of a special use herptile must immediately contact the animal control authority or law enforcement agency of the municipality or county where the possessor resides if a special use herptile escapes or is released.
The possessor of a special use herptile shall not keep, harbor, care for, transport, act as the custodian of, or maintain in his or her possession the special use herptile in anything other than an escape-proof enclosure.
The possessor of a special use herptile shall not transport the special use herptile to or possess the special use herptile at a public venue, commercial establishment, retail establishment, or educational institution unless specifically authorized by permit or required to render veterinary care to the special use herptile.
The possessor of a special use herptile, at all reasonable times, shall not deny the Department or its designated agents and officers access to premises where the possessor keeps a special use herptile to ensure compliance with this Act.
Except as otherwise provided in this Act or by administrative rule, a person shall not buy, sell, or barter, or offer to buy, sell, or barter a special use herptile.
P.A. 98-752, § 85-5, eff. Jan. 1, 2015.
A person who violates Article 85 of this Act is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense occurring within one year after a finding of guilt on a first offense. A person who violates Article 75 of this Act is guilty of a Class B misdemeanor. Each day of a violation constitutes a separate offense. Any other violation of this Act is a Class A misdemeanor unless otherwise stated.
All fines and penalties collected under the authority of this Act or its administrative rules shall be deposited into the Wildlife and Fish Fund.
P.A. 98-752, § 90-5, eff. Jan. 1, 2015.
Each person who owns, possesses, or keeps a herptile expressly assumes the risk of and legal responsibility for injury, loss, or damage to the person or the person's property that results from the ownership, possession, or keeping, of the herptile. Each owner, keeper, or possessor of a herptile shall be solely liable to manage, care for, and control a particular species, and it shall be the duty of each owner, keeper, or possessor, to maintain reasonable control of the particular herptile at all times, and to refrain from acting in a manner that may cause or contribute to the injury of person, whether in public or on private property.
P.A. 98-752, § 95-5, eff. Jan. 1, 2015.
If any herptile escapes or is released, the owner and possessor of the herptile shall be strictly liable for all costs incurred in apprehending and confining the herptile, including any injuries incurred to humans or damage to property, both real and personal, including pets and livestock, and the owner shall indemnify any animal control officer, police officer, or Department employee acting in his or her official capacity to capture or control an escaped herptile.
The owner, keeper, or possessor of an escaped herptile shall be solely responsible for any and all liabilities arising out of or in connection with the escape or release of any herptile including liability for any damage, injury, or death caused by or to the herptile during or after the herptile's escape or release or as a result of the apprehension or confinement of the herptile after its escape or release. In addition, the owner, keeper, or possessor of an escaped herptile shall be solely responsible for any and all costs incurred by an animal control officer, police officer, or Department employee acting in his or her official capacity to capture or control an escaped herptile.
A licensed veterinarian who may have cause to treat a special use herptile that is in violation of this Act shall not be held liable, except for willful and wanton misconduct, under this Act provided that the veterinarian (i) promptly reports violations of this Act of which he or she has knowledge to a law enforcement agency within 24 hours after becoming aware of the incident; (ii) provides the name, address, and phone number of the person possessing the special use herptile at time of incident or treatment; (iii) provides the name and address of the owner of the special use herptile if known; (iv) identifies the kind and number of special use herptiles being treated; and (v) describes the reason for the treatment of the special use herptile.
P.A. 98-752, § 95-10, eff. Jan. 1, 2015.
The possession of any reptile or amphibian life or any part of reptile or amphibian life protected under this Act is prima facie evidence that the reptile or amphibian life or any part of reptile or amphibian life is subject to the provisions of this Act, including administrative rules.
Whenever the contents of any box, barrel, package, or receptacle consists partly of contraband and partly of legal reptile or amphibian life or any part of reptile or amphibian life, the entire contents of the box, barrel, or package, or other receptacle are subject to confiscation.
Whenever a person has in his or her possession in excess of the number of reptile or amphibian life or any parts of reptile or amphibian life permitted under this Act, including administrative rules, the entire number of reptile or amphibian life or any parts of reptile or amphibian life in his or her possession is subject to confiscation.
P.A. 98-752, § 100-5, eff. Jan. 1, 2015.
Whenever any authorized employee of the Department, sheriff, deputy sheriff, or other peace office of the State has reason to believe that any person, owner, possessor, commercial institution, pet store, or reptile show vendor or attendee possesses any reptile or amphibian life or any part of reptile or amphibian life contrary to the provisions of this Act, including administrative rules, he or she may file, or cause to be filed, a sworn complaint to that effect before the circuit court and procure and execute a search warrant. Upon execution of the search warrant, the officer executing the search warrant shall make due return of the search warrant to the court issuing the search warrant, together with an inventory of all the reptile or amphibian life or any part of reptile or amphibian life taken under the search warrant. The court shall then issue process against the party owning, controlling, or transporting the reptile or amphibian life or any part of reptile or amphibian life seized, and upon its return shall proceed to determine whether or not the reptile or amphibian life or any part of reptile or amphibian life was held, possessed, or transported in violation of this Act, including administrative rules. In case of a finding that the reptile or amphibian life was illegally held, possessed, transported, or sold, a judgment shall be entered against the owner or party found in possession of the reptile or amphibian life or any part of reptile or amphibian life for the costs of the proceeding and providing for the disposition of the property seized, as provided for by this Act.
P.A. 98-752, § 100-10, eff. Jan. 1, 2015.
If any person is found to possess a special use herptile that is in violation of this Act, including any administrative rules, then the special use herptile and any equipment or items used contrary to this Act shall be subject to seizure and forfeiture by the Department. Any special use herptile seized in violation of this Act may immediately be placed in a facility approved by the Department.
If a person's special use herptile has been seized by the Department, then the owner and possessor of the special use herptile is liable for the reasonable costs associated with the seizure, placement, testing, and care for the special use herptile from the time of confiscation until the time the special use herptile is relocated to an approved facility or person holding a valid Herptile Special Use permit or is otherwise disposed of by the Department.
Any special use herptile and related items found abandoned shall become the property of the Department and disposed of according to Department rule.
The circuit court, in addition to any other penalty, may award any seized or confiscated special use herptiles or items to the Department as provided for in Section 1-215 of the Fish and Aquatic Life Code and Section 1.25 of the Wildlife Code. Further, the court, in addition to any other penalty, may assess a fee upon a person who pleads guilty to the provisions of this Act equal to the amount established or determined to maintain the special use herptile until it is permanently placed in a facility approved by the Department or otherwise disposed of.
P.A. 98-752, § 100-15, eff. Jan. 1, 2015.
The Department is authorized to adopt administrative rules for carrying out, administering, and enforcing the provisions of this Act. The administrative rules shall be adopted in accordance with the Illinois Administrative Procedure Act.
Rules, after becoming effective, shall be enforced in the same manner as other provisions of this Act. It is unlawful for any person to violate any provision of any administrative rule adopted by the Department. Violators of administrative rules are subject to the penalties in this Act.
P.A. 98-752, § 105-5, eff. Jan. 1, 2015.
The Department shall take all measures necessary for the conservation, distribution, introduction, and restoration of reptiles and amphibians. The Department shall also bring or cause to be brought actions and proceedings, in the name and by the authority of the People of the State of Illinois, to enforce this Act, including administrative rules, and to recover any and all fines and penalties provided for in this Act. Nothing in this Act shall be construed to authorize the Department to change any penalty prescribed by law or to change the amount of license fees or the authority conferred by licenses prescribed by law. The Department is authorized to cooperate with the appropriate Departments of the federal government and other Departments or agencies of State government and educational institutions in conducting surveys, experiments, or work of joint interest or benefit.
P.A. 98-752, § 105-10, eff. Jan. 1, 2015.
All employees of the Department authorized by the Director shall have the power of, and shall be, peace officers in the enforcement of this Act, including administrative rules, and may carry weapons as may be necessary in the performance of his or her duties.
P.A. 98-752, § 105-15, eff. Jan. 1, 2015.
All authorized employees of the Department and all sheriffs, deputy sheriffs, and other police officers shall arrest any person detected in violation of any of the provisions of this Act, including administrative rules. Any duly accredited officer of the federal Fish and Wildlife Service and U.S. Forest Service may arrest any person detected in violation of any of the provisions of this Act, including administrative rules.
All officers shall make prompt investigation of any violation of this Act, including administrative rules, reported by any other persons and shall cause a complaint to be filed when there seems just ground for a complaint and evidence procurable to support the complaint.
Upon the filing of a complaint, the officers shall render assistance in the prosecution of the party against whom the complaint is made.
Peace officers, other than employees of the Department, making arrests and serving warrants provided for by this Act shall receive the fees and mileage as provided for by law for sheriffs.
Each duly accredited officer and authorized employee of the Department is empowered to execute and serve all warrants and processes issued by the circuit court.
P.A. 98-752, § 105-20, eff. Jan. 1, 2015.
All prosecutions shall be brought in the name and by the authority of the People of the State of Illinois before the circuit court for the county where the offense was committed.
All State's Attorneys shall enforce the provisions of this Act, including administrative rules, in his or her respective county and shall prosecute all persons charged with violating its provisions when requested by the Department.
P.A. 98-752, § 105-25, eff. Jan. 1, 2015.
All prosecutions under this Act shall be commenced within 2 years after the time the offense charged was committed.
P.A. 98-752, § 105-30, eff. Jan. 1, 2015.
All fines provided for by this Act shall be collected and remitted to the Department's Wildlife and Fish Fund, within 30 days after the collection of the fine, by the clerk of the circuit court collecting the fines who shall submit at the same time to the Department a statement of the names of the persons so fined and the name of the arresting officer, the offense committed, the amount of the fine, and the date of the conviction.
P.A. 98-752, § 105-35, eff. Jan. 1, 2015.
Authorized employees of the Department are empowered, under law, to enter all lands and waters to enforce this Act. Authorized employees are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, reptile shows, pet stores, camps, vessels, cars (except sealed railroad cars or other sealed common carriers), conveyances, vehicles, watercraft, or any other means of transportation or shipping, tents, bags, pillowcases, coats, jackets, or other receptacles and to open any box, barrel, package, or other receptacle in the possession of a common carrier, that they have reason to believe contains reptile or amphibian life or any part of reptile or amphibian life taken, bought, sold or bartered, shipped, or had in possession contrary to this Act, including administrative rules, or that the receptacle containing the reptile or amphibian is falsely labeled.
Authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making an entry and examination. Any permit or license held by a person preventing free access or interfering with or hindering an employee shall not be issued to that person for the period of one year after his or her action.
Employees of the Department, as specifically authorized by the Director, are empowered to enter all lands and waters for the purpose of reptile or amphibian investigations, State and federal permit inspections, as well as reptile or amphibian censuses or inventories, and are further empowered to conduct examination of equipment and devices in the field, under law, to ensure compliance with this Act.
P.A. 98-752, § 105-40, eff. Jan. 1, 2015.
It shall be unlawful for any person to resist or obstruct any officer or employee of the Department in the discharge of his or her duties under this Act. Any person who violates this provision is guilty of a Class A misdemeanor.
P.A. 98-752, § 105-45, eff. Jan. 1, 2015.
It shall be unlawful for any person to represent himself or herself falsely to be an officer or employee of the Department or to assume to act as an officer or employee of the Department without having been duly appointed and employed. Any person who violates this provision is guilty of a Class A misdemeanor.
P.A. 98-752, § 105-50, eff. Jan. 1, 2015.
§ 105-55. Illegal collecting devices; public nuisance. Every collecting device, including seines, nets, traps, pillowcases, bags, snake hooks or tongs, or any electrical device or any other devices including vehicles or conveyance, watercraft, or aircraft used or operated illegally or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any reptile or amphibian life or any part of reptile or amphibian life, contrary to this Act, including administrative rules, shall be deemed a public nuisance and therefore illegal and subject to seizure and confiscation by any authorized employee of the Department. Upon the seizure of this item, the Department shall take and hold the item until disposed of as provided in this Act.
Upon the seizure of any device because of its illegal use, the officer or authorized employee of the Department making the seizure shall, as soon as reasonably possible, cause a complaint to be filed before the circuit court and a summons to be issued requiring the owner or person in possession of the property to appear in court and show cause why the device seized should not be forfeited to the State. Upon the return of the summons duly served or upon posting or publication of notice as provided in this Act, the court shall proceed to determine the question of the illegality of the use of the seized property. Upon judgment being entered that the property was illegally used, an order shall be entered providing for the forfeiture of the seized property to the State. The owner of the property may have a jury determine the illegality of its use and shall have the right of an appeal as in other civil cases. Confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties provided in Article 90 of this Act.
Upon seizure of any property under circumstances supporting a reasonable belief that the property was abandoned, lost, stolen, or otherwise illegally possessed or used contrary to this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of under order of a court in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession of the property and shall return the property after the person provides reasonable and satisfactory proof of his or her ownership or right to possession and reimburses the Department for all reasonable expenses of custody. If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction. The owner or other person entitled to possession of the property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody.
Any property forfeited to the State by court order under this Section may be disposed of by public auction, except that any property that is the subject of a court order shall not be disposed of pending appeal of the order. The proceeds of the sales at auction shall be deposited in the Wildlife and Fish Fund.
The Department shall pay all costs of posting or publication of notices required by this Section.
P.A. 98-752, § 105-55, eff. Jan. 1, 2015. Amended by P.A. 100-512, § 120, eff. July 1, 2018.
Each act of pursuing, taking, shipping, offered or received for shipping, offering or receiving for shipment, transporting, buying, selling or bartering, or having in one's possession any protected reptile or amphibian life or any part of reptile or amphibian life, seines, nets, bags, snake hooks or tongs, or other devices used or to be used in violation of this Act, including administrative rules, constitutes a separate offense.
P.A. 98-752, § 105-60, eff. Jan. 1, 2015.
Any person who aids in or contributes in any way to a violation of this Act, including administrative rules, is individually liable, as a separate offense under this Act, for the penalties imposed against the person who committed the violation.
P.A. 98-752, § 105-65, eff. Jan. 1, 2015.
(5) use any permit issued to another person under this Act.
It is unlawful to possess any permit issued under the provisions of this Act that was fraudulently obtained or which the person or permittee knew, or should have known, was falsified, altered, changed in any manner, or fraudulently obtained.
The Department shall revoke all permits and suspend all privileges under this Act of any person violating this Section for a period of not less than 3 years. The procedures for suspension under this Section shall be as provided for in administrative rule. Anyone who violates a provision of this Section shall be guilty of a Class A misdemeanor.
P.A. 98-752, § 105-70, eff. Jan. 1, 2015.
All fees, fines, income of whatever kind or nature derived from reptile and amphibian activities regulated by this Act on lands, waters, or both under the jurisdiction or control of the Department and all penalties collected under this Act shall be deposited into the State treasury and shall be set apart in a special fund known as the Wildlife and Fish Fund.
P.A. 98-752, § 105-75, eff. Jan. 1, 2015.
The ownership of and title to all wild indigenous reptile and amphibian life within the boundaries of the State are hereby declared to be in the State and no wild indigenous reptile and amphibian life shall be taken or killed, in any manner or at any time, unless the person or persons taking or killing the wild indigenous reptile and amphibian life shall consent that the title to the wild indigenous reptile and amphibian life shall be and remain in the State for the purpose of regulating the taking, killing, possession, use, sale, and transportation of wild indigenous reptile and amphibian life after taking or killing, as set forth in this Act.
P.A. 98-752, § 105-80, eff. Jan. 1, 2015.
This Act shall apply to reptile and amphibian life or any part of reptile and amphibian life (i) in or from any of the waters or lands wholly within the boundaries of the State or over which the State has concurrent jurisdiction with any other state or (ii) which may be possessed in or brought into the State.
P.A. 98-752, § 105-85, eff. Jan. 1, 2015.
It is unlawful for any person to take or attempt to take any species of reptile or amphibian, or parts thereof, within or upon the land of another, or upon waters flowing over or standing on the land of another, without first obtaining permission from the owner or the owner's designee. For the purposes of this Section, the owner's designee means anyone who the owner designates in a written authorization and the authorization must contain (i) the legal or common description of property for which the authority is given, (ii) the extent that the owner's designee is authorized to make decisions regarding who is allowed to take or attempt to take any species of reptiles or amphibians, or parts thereof, and (iii) the owner's notarized signature. Before enforcing this Section, the law enforcement officer must have received notice from the owner or the owner's designee of a violation of this Section. Statements made to a law enforcement officer regarding this notice shall not be rendered inadmissible by the hearsay rule when offered for the purpose of showing the required notice. Any person who violates this Section shall be guilty of a Class B misdemeanor.
P.A. 98-752, § 105-90, eff. Jan. 1, 2015.
(5) any person who, for profit or commercial purposes, knowingly captures or kills, possesses, offers for sale, sells, offers to barter, barters, offers to purchase, purchases, delivers for shipment, ships, exports, imports, causes to be shipped, exported, or imported, delivers for transportation, transports, or causes to be transported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any reptile or amphibian life, in part or in whole, of any of the reptiles and amphibians protected by this Act, and that reptile or amphibian life, in whole or in part, is valued at or in excess of a total of $300 or fair market value, whichever is greater, as per value specified in paragraphs (1), (2), (3), and (4) of this subsection commits a Class 3 felony.
(b) The trier of fact may infer that a person “knowingly possesses” a reptile or amphibian, in whole or in part, captured or killed in violation of this Act, valued at or in excess of $600, as per value specified in paragraphs (1), (2), (3), and (4) of subsection (a) of this Section.
P.A. 98-752, § 105-95, eff. Jan. 1, 2015. Amended by P.A. 99-78, § 425, eff. July 20, 2015.
A municipality or county may adopt an ordinance governing amphibian and reptile species that is more restrictive than this Act.
P.A. 98-752, § 105-100, eff. Jan. 1, 2015.
(10) any motion picture or television production company that uses licensed dealers, exhibitors, and transporters under the federal Animal Welfare Act, 7 U.S.C. 2132.
P.A. 98-752, § 110-5, eff. Jan. 1, 2015.


text:
Goodwin’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which Goodwin’s Business Litigation attorneys are continually litigating. In addition, each issue of the Business Litigation Reporter provides a more thorough discussion of one topic of particular importance to the business community. In this issue, our Business Litigation and Privacy & Cybersecurity practice chair, Brenda Sharton, discusses the Privacy Shield with new Goodwin partner and former Chief Privacy Officer for the Department of Homeland Security, Karen Neuman.
On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may be interested in taking advantage of it. Hear more about the Privacy Shield in this Q&A session with Karen Neuman, an internationally-recognized privacy lawyer who recently joined Goodwin after serving as the Chief Privacy Officer for the US Department of Homeland Security. Karen was a member of the US delegation that negotiated an umbrella data privacy protection agreement with the EU, and was part of the high-level interagency group that supported the Administration’s negotiators for the new Privacy Shield. The Q&A session is moderated by Brenda Sharton, co-chair of Goodwin’s Privacy & Cybersecurity practice.
On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States, called the “Privacy Shield.” US companies doing business in Europe may be interested in taking advantage of it. Hear more about the Privacy Shield in this Q&A session with Karen Neuman, an internationally-recognized privacy lawyer who recently joined Goodwin after serving as the Chief Privacy Officer for the United States Department of Homeland Security. Karen was a member of the US delegation that negotiated an umbrella data privacy protection agreement with the EU, and was part of the high-level interagency group that supported the Administration’s negotiators for the new Privacy Shield. The Q&A session is moderated by Brenda Sharton, co-chair of Goodwin’s Privacy & Cybersecurity practice.
Q: Karen, what is the Privacy Shield and how did we get there?
The Privacy Shield is a new framework for the transfer of personal data from the EU to the US in compliance with EU privacy requirements.
European law restricts transfers of personal data to recipients in countries that have been found to have “adequate” privacy protections. The US is not one of those countries. Thus, US companies that transfer personal data from the EU to the US without using a lawful mechanism were violating EU law. In 2000, the European Commission and the US government established the “Safe Harbor” framework for these data transfers. Companies that self-certified adherence to the Safe Harbor framework could freely transfer personal data in the EU to companies in the US. Thousands of companies took advantage of the Safe Harbor.
After the Snowden revelations, the European Commission and US authorities discussed a new framework that would address the Commission’s demands that these transfers be adequately protected from access and use by the US Intelligence community. After the negotiations were well under way, a separate legal challenge to the Safe Harbor was mounted. On October 6, 2015, the Court of Justice of the European Union (CJEU) invalidated the Safe Harbor on the grounds that the original Commission’s adequacy decision (1) impeded member state Data Protection Authorities from investigating complaints involving data transferred under the Safe Harbor and (2) didn’t protect EU individuals’ personal data from surveillance by US intelligence agencies. The decision immediately created significant legal uncertainty and forced thousands of companies that relied on Safe Harbor to identify and implement an alternative legal data transfer mechanism.
As a result, the European Commission and the US negotiators broadened their discussions to address the ECJ ruling. On July 12, 2016, the European Commission ruled that the EU-US data transfers could proceed under the Privacy Shield, which ensures an adequate level of protection for these transfers.
The Privacy Shield only applies to EU-US data transfers. It does not apply to data processing in the EU.
Q: Is Privacy Shield open to any company?
The Privacy Shield is available only to companies subject to the jurisdiction of the Federal Trade Commission (FTC) or the Department of Transportation (DOT).
Q: What are the Privacy Shield’s key requirements?
offering new recourse mechanisms for complaints.
There are additional requirements for certain types of data, including human resources data and data collected by pharmaceutical and medical device companies.
Q: What are the key differences between the Privacy Shield and Safe Harbor?
It is important to understand that the Privacy Shield is not a repackaged version of the Safe Harbor. Key changes include greater transparency, accountability for sharing data with third parties, new dispute resolution mechanisms, and penalties for noncompliance. The Privacy Shield also has stronger monitoring and enforcement by US authorities, including increased cooperation with European Data Protection Authorities, and a joint annual review by the European Commission and the US Department of Commerce.
Q: Do companies have to use the Privacy Shield?
No. The decision to use the Privacy Shield is voluntary. Companies may use other data transfer mechanisms, such as model contractual clauses, that are approved by the European Commission However, the validity of model contract clauses is currently being considered by the Irish High Court, with a likely referral to the CJEU.
Q: What do companies need to do to join the Privacy Shield?
The Privacy Shield is a self-certification system. To join, companies must provide a submission to the US Department of Commerce. Once it is reviewed and approved, the Department of Commerce will add the company to the list of participants posted on the Privacy Shield website (www.privacyshield.gov).
Before self-certifying, companies should assess their ability to comply with the Privacy Shield’s requirements and carefully review their current data handling practices and programs.
Q: Why should companies care?
US businesses that seek to transfer personal data from the EU to the US must have a legal mechanism in place to do so. The Privacy Shield is a streamlined mechanism for these data transfers with greater flexibility compared to other options.
Nonetheless, the Privacy Shield imposes substantial requirements on participants and may not be a data transfer solution for all companies. Businesses should discuss the pros and cons of Privacy Shield with their privacy counsel.
Q: Could the Privacy Shield be challenged?
Yes. Irish and French privacy advocacy groups recently filed challenges with the General Court of the CJEU. The General Court may reject the complaints on the grounds that the advocacy groups have not been directly and individually harmed. It is likely that further challenges to the Privacy Shield will be brought before Data Protection Authorities and member-state courts, though only a decision of the CJEU could invalidate it. However, the EU & US negotiators, acutely aware of this possibility, made a concerted effort to integrate enhanced safeguards to minimize the potential that the Privacy Shield will suffer the same fate as the Safe Harbor.
Goodwin’s Privacy & Cybersecurity Practice, established formally in 2004, leverages the firm’s core strengths, collaborating across the firm’s highly regarded technology, financial industry, licensing, litigation, investigations, regulatory, and appellate practices. This unique approach, focusing on client needs and value, enables us to engage specialists whose experience and leadership is framed by a holistic understanding of the nature and importance of information to modern enterprises.
For more information about this update, or for other assistance regarding privacy and data security matters, please contact Brenda Sharton (Co-Chair, Privacy & Cybersecurity), Lynne Barr (Co-Chair, Privacy & Cybersecurity), Karen Neuman (Privacy lead in the D.C. office), or any member of the Goodwin Privacy & Cybersecurity practice.
Parties’ Agreement Determines Whether Court or Arbitrator Decides Arbitrability of Class Action Claims. In Sandquist v. Lebo Automotive, Inc., S220812 (Cal. July 28, 2016), the California Supreme Court held that the language of the parties’ arbitration agreement will govern whether a court or the arbitrator decides if the agreement permits classwide arbitration. In this employment discrimination and retaliation action, the arbitration agreement between employer and employee provided for any employment-based claim or dispute to be resolved through arbitration, but did not expressly address who would determine the availability of classwide arbitration. The court held that the agreement should be read to have the arbitrator decide on the availability of classwide arbitration because the arbitration clause was very broad, state law resolves doubts in favor of arbitration, and the agreement had been drafted solely by the employer.
Percentage-Based Attorneys’ Fees Permitted in Common Fund Cases. In Laffitte v. Robert Half International, Inc., S222996 (Cal. Aug. 11, 2016), the California Supreme Court held that in common fund cases, attorneys’ fees may be calculated as a percentage of the fund. The trial court in an employment class action had approved a settlement creating a $19 million fund and then had awarded class counsel fees equal to one-third of the settlement fund. The Court clarified that its decision in Serrano v. Priest, 20 Cal. 3d 25 (1977), which said that the lodestar method is the “starting point of every fee award,” was specific to fees awarded under a private attorney-general theory.
Personal Jurisdiction Found Over Non-residents’ Tort Claims. In Bristol Myers Squibb Co. v. Superior Court of San Francisco County, S221038 (Cal. Aug. 29, 2016), the California Supreme Court, by a 4-3 vote, upheld personal jurisdiction over an out-of-state defendant as to claims brought by 592 out-of-state plaintiffs. Although the defendant’s California contacts were insufficient to establish general jurisdiction, the court found specific jurisdiction over the nonresident plaintiffs’ claims on the theory that they arose out of a “single, coordinated, nationwide course of conduct.” The defendant has moved for a stay while it seeks review from the United States Supreme Court.
Business Judgment Rule Applies Where Stockholders Approved Merger, Absent Conflicted Controlling Stockholder. In Larkin v. Shah, No. 10918-VCS (Ct. Ch. Aug. 25, 2016), the Delaware Court of Chancery held that a board’s approval of a merger will be assessed under the business judgment rule “if a majority of disinterested, uncoerced stockholders” approve the transaction absent a conflicted controlling shareholder. The court also rejected the claim that certain shareholders were “conflicted, controlling stockholders,” both because they had no “actual control” over the board and because their interest in monetizing their shares did not represent a conflict. This decision is essential reading concerning the effects of stockholder approval of proposed corporate transactions.
Company’s Limits on Shareholder-Director’s Access to Information Upheld. In Bizzari v. Suburban Waste Services Inc., No. 10709-JL (Ct. Ch. Aug. 30, 2016), the Court of Chancery considered the circumstances under which a stockholder who is also a corporate director may be barred from inspecting the corporation’s books and records. The Court granted Bizzari’s request to inspect certain limited financial records necessary to value his shares, but the court denied his request to examine other records that he had said were necessary to allow him to investigate mismanagement or wrongdoing, based on evidence that “convincingly established” his record of acting contrary to the interests of the corporation.
Waiver of Classwide Arbitration of Labor-Related Claim is Unenforceable. In Tigges v. AM Pizza, Inc., 2016 WL 4076829 (D. Mass. July 29, 2016), the U.S. District Court for the District of Massachusetts held that an employer cannot enforce a class action waiver in an arbitration agreement as against employees asserting labor-related claims. The court held that the waiver would violate the employees’ rights to concerted action under Section 7 of the National Labor Relations Act, even though the employees were permitted to opt out of the arbitration agreement containing the class action waiver. The decision followed a ruling by the Seventh Circuit but is contrary to decisions of the Second, Fifth, Eighth, and Ninth Circuits.
Purchaser of Notes Lacks Standing to Assert Claims Under Champerty Statute. In Justinian Capital SPC v. West LB, AG, No. 155 (N.Y. Oct. 27, 2016), the New York Court of Appeals held that, under the champerty doctrine as codified in Judiciary Law § 489, the purchaser of certain notes that had previously declined in value lacked standing to assert claims relating to the notes. The court held, first, that an acquisition of notes or other securities is champertous if the purchaser’s primary purpose (or sole motivation) for entering into the transaction is to bring suit. The court then held that, although there is a safe harbor where the purchaser has a binding and bona fide obligation to pay a purchase price of at least $500,000 for the notes, that safe harbor does not apply if payment of the purchase amount is contingent on a favorable outcome of the lawsuit.
Arbitration Not Required Where Designated Arbitration Body Unavailable. In Moss v. First Premier Bank, 2016 U.S. App. LEXIS 15917 (2d Cir. Aug. 29, 2016), the plaintiff signed an agreement providing that any disputes with her lender would be resolved by arbitration before the National Arbitration Forum (NAF). When a dispute arose, however, the NAF refused to take it pursuant to a consent decree prohibiting NAF from accepting consumer arbitrations. The Second Circuit refused to compel the plaintiff to arbitrate, noting that “the agreement makes no provision for the appointment of a substitute arbitrator should NAF become unavailable.” This decision reinforces the need for including such language to ensure an arbitration forum.
Meet the Goodwin lawyers who contributed to this newsletter issue.

matches:
CJEU
v.
v.
v.
v.
v.
v.
v.
v.
§ 489
v.


For more than 10 years, FDA has regulated human cells, tissues, and cellular and tissue-based products (“HCT/Ps”) under 21 C.F.R. Part 1271. Under § 1271.10(a), if four criteria are met, the HCT/P qualifies for regulation exclusively under Part 1271. This status is advantageous, because an HCT/P regulated exclusively under Part 1271 does not have to undergo premarket review of any kind.
The four criteria in 21 C.F.R § 1271.10(a) are: (i) minimal manipulation, (ii) homologous use, (iii) not combined with another article (with certain exceptions), and (iv) not having a systemic effect and not dependent upon the metabolic activity of living cells for primary function (with certain exceptions).
Recommendations for meeting the minimal manipulation criterion, 21 C.F.R § 1271.10(a)(1).
FDA’s current thinking as to how the four criteria in 21 C.F.R § 1271.10(a) apply to HCT/Ps produced from adipose tissue.
Recommendations for meeting the “same surgical procedure” exception from Part 1271, found in 21 C.F.R § 1271.15.
Last week, FDA issued another draft guidance with recommendations for meeting the homologous use criterion in 21 C.F.R § 1271.10(a)(2). All draft and final guidance documents regarding HCT/Ps can be found on FDA’s web site.
The three guidances listed above were not without controversy, particularly the recommendations relating to minimal manipulation. Many in industry had urged FDA to hold a public meeting for fuller discussion.
Last week, FDA announced it would do just that, with a public hearing on all of these guidances set for April 13, 2016. The announcement has full instructions for submitting written comments to the hearing docket and for signing up to attend and/or speak. The hearing will be held under the Part 15 procedures, which allow both written submissions and oral presentations at the hearing to be entered into the administrative record.
The purpose of this public hearing is to obtain comments on these four draft guidances. FDA is seeking feedback, both general and specific, from a broad group of stakeholders, including HCT/P manufacturers, tissue establishments, biological and device product manufacturers, health care professionals, clinicians, biomedical researchers, and the public. For example, FDA would like comments on the scope of each guidance, including the particular topics covered, the particular questions posed, whether there are additional issues for which they seek guidance, and whether FDA's recommendations for each topic are sufficiently clear and consistent within and across documents to provide meaningful guidance to stakeholders. In addition, FDA welcomes any comments that will enhance the usefulness and clarity of these documents.
In conjunction with the hearing, FDA is also reopening the comment period for all three draft guidances (and allowing comments on the new draft homologous use guidance) until April 29, 2016 – see here, here, and here.
There is no doubt that industry will want to comment on these draft guidances. Commenters should remember that they may submit to the original dockets as well as the new public hearing docket. Submissions to the hearing document can be provided up until April 29, 2016. Some of the most valuable comments may come after the hearing, in response to statements made during the hearing.
In every comment, it will be particularly important to remind FDA that a guidance document is an opportunity to clarify a regulation such as 21 C.F.R. Part 1271, but it is not an appropriate proceeding to rewrite a regulation. A number of commenters felt that the minimal manipulation draft guidance overstepped this boundary. Hopefully, the final guidances will stay well within bounds of the regulation.