4 | | - | AN ACT concerning wildlife. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 5. The Wildlife Code is amended by changing |
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8 | | - | Section 2.36 as follows: |
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| 3 | + | 1 AN ACT concerning wildlife. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Wildlife Code is amended by changing |
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| 7 | + | 5 Section 2.36 as follows: |
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| 8 | + | 6 (520 ILCS 5/2.36) (from Ch. 61, par. 2.36) |
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| 9 | + | 7 Sec. 2.36. It shall be unlawful to buy, sell, or barter, or |
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| 10 | + | 8 offer to buy, sell, or barter, and for a commercial |
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| 11 | + | 9 institution, other than a regularly operated refrigerated |
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| 12 | + | 10 storage establishment, to have in its possession any of the |
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| 13 | + | 11 wild birds, or any part thereof (and their eggs), or wild |
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| 14 | + | 12 mammals or any parts thereof, protected by this Act unless |
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| 15 | + | 13 done as hereinafter provided: |
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| 16 | + | 14 Game birds or any parts thereof (and their eggs), may be |
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| 17 | + | 15 held, possessed, raised and sold, or otherwise dealt with, as |
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| 18 | + | 16 provided in Section 3.23 of this Act or when legally produced |
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| 19 | + | 17 under similar special permit in another state or country and |
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| 20 | + | 18 legally transported into the State of Illinois; provided that |
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| 21 | + | 19 such imported game birds or any parts thereof, shall be marked |
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| 22 | + | 20 with permanent irremovable tags, or similar devices, to |
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| 23 | + | 21 establish and retain their origin and identity; |
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| 24 | + | 22 Rabbits may be legally taken and possessed as provided in |
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| 25 | + | 23 Sections 3.23, 3.24, and 3.26 of this Act; |
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| 34 | + | 1 Deer, or any parts thereof, may be held, possessed, sold |
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| 35 | + | 2 or otherwise dealt with as provided in this Section and |
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| 36 | + | 3 Sections 3.23 and 3.24 of this Act; |
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| 37 | + | 4 If a properly tagged deer is processed at a licensed meat |
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| 38 | + | 5 processing facility, the meat processor at the facility is an |
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| 39 | + | 6 active member of the Illinois Sportsmen Against Hunger |
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| 40 | + | 7 program, and if the owner of the deer (i) fails to claim the |
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| 41 | + | 8 processed deer within a reasonable time or (ii) notifies the |
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| 42 | + | 9 licensed meat processing facility that the owner no longer |
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| 43 | + | 10 wants the processed deer or wishes to donate the deer, then the |
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| 44 | + | 11 deer meat may be given away by the licensed meat processor to |
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| 45 | + | 12 another person or donated to a any other charitable |
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| 46 | + | 13 organization or community food bank that receives wild game |
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| 47 | + | 14 meat. The licensed meat processing facility may charge the |
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| 48 | + | 15 person receiving the deer meat a reasonable and customary |
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| 49 | + | 16 processing fee; |
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| 50 | + | 17 Meat processors who donate deer meat to a charitable |
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| 51 | + | 18 organization or community food bank that receives wild game |
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| 52 | + | 19 meat are active members of the Illinois Sportsmen Against |
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| 53 | + | 20 Hunger program shall keep written records of all deer |
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| 54 | + | 21 received. Records shall include the following information: |
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| 55 | + | 22 (1) the date the deer was received; |
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| 56 | + | 23 (2) the name, address, and telephone number of the |
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| 57 | + | 24 person from whom the deer was received; |
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| 58 | + | 25 (3) whether the deer was received as a whole carcass |
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| 59 | + | 26 or as deboned meat; if the deer was brought to the meat |
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| 70 | + | 1 processor as deboned meat, the processor shall include the |
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| 71 | + | 2 weight of the meat; |
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| 72 | + | 3 (4) the number and state of issuance of the permit of |
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| 73 | + | 4 the person from whom the deer was received; in the absence |
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| 74 | + | 5 of a permit number, the meat processor may rely on the |
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| 75 | + | 6 written certification of the person from whom the deer was |
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| 76 | + | 7 received that the deer was legally taken or obtained; and |
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| 77 | + | 8 (5) if the person who originally delivered the deer to |
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| 78 | + | 9 the meat processor fails to collect or make arrangements |
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| 79 | + | 10 for the packaged deer meat to be collected or wishes to |
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| 80 | + | 11 donate the meat and if the meat processor gives all or part |
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| 81 | + | 12 of the unclaimed deer meat to another person or charitable |
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| 82 | + | 13 organization or community food bank that receives wild |
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| 83 | + | 14 game meat, the meat processor shall maintain a record of |
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| 84 | + | 15 the exchange; the meat processor's records shall include |
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| 85 | + | 16 the customer's name, physical address, telephone number, |
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| 86 | + | 17 as well as the quantity and type of deer meat given to the |
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| 87 | + | 18 customer. The meat processor shall also include the amount |
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| 88 | + | 19 of compensation received for the deer meat in his or her |
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| 89 | + | 20 records. |
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| 90 | + | 21 Meat processor records for unclaimed and donated deer meat |
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| 91 | + | 22 shall be open for inspection by any peace officer at any |
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| 92 | + | 23 reasonable hour. Meat processors shall maintain records for a |
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| 93 | + | 24 period of 2 years after the date of receipt of the wild game or |
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| 94 | + | 25 for as long as the specimen or meat remains in the meat |
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| 95 | + | 26 processors possession, whichever is longer; |
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| 106 | + | 1 No meat processor shall have in his or her possession any |
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| 107 | + | 2 deer that is not listed in his or her written records and |
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| 108 | + | 3 properly tagged or labeled; |
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| 109 | + | 4 All licensed meat processors who ship any deer or parts of |
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| 110 | + | 5 deer that have been held, possessed, or otherwise dealt with |
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| 111 | + | 6 shall tag or label the shipment, and the tag or label shall |
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| 112 | + | 7 state the name of the meat processor; |
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| 113 | + | 8 Nothing in this Section removes meat processors from |
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| 114 | + | 9 responsibility for the observance of any State or federal |
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| 115 | + | 10 laws, rules, or regulations that may apply to the meat |
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| 116 | + | 11 processing business; |
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| 117 | + | 12 Fur-bearing mammals, or any parts thereof, may be held, |
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| 118 | + | 13 possessed, sold or otherwise dealt with as provided in |
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| 119 | + | 14 Sections 3.16, 3.24, and 3.26 of this Act or when legally taken |
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| 120 | + | 15 and possessed in Illinois or legally taken and possessed in |
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| 121 | + | 16 and transported from other states or countries; |
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| 122 | + | 17 It is unlawful for any person to act as a nuisance wildlife |
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| 123 | + | 18 control operator for fee or compensation without a permit as |
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| 124 | + | 19 provided in subsection subsection (b) of Section 2.37 of this |
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| 125 | + | 20 Act unless such trapping is in compliance with Section 2.30. |
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| 126 | + | 21 The inedible parts of game mammals may be held, possessed, |
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| 127 | + | 22 sold, or otherwise dealt with when legally taken, in Illinois |
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| 128 | + | 23 or legally taken and possessed in and transported from other |
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| 129 | + | 24 states or countries. |
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| 130 | + | 25 Failure to establish proof of the legality of possession |
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| 131 | + | 26 in another state or country and importation into the State of |
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