Ill. Admin. Code tit. 17 § 805.30

Current through Register Vol. 48, No. 49, December 6, 2024

Section 805.30 - Unlawful Acts

a) Injurious species shall not be possessed, propagated, bought, sold, bartered or offered to be bought, sold, bartered, transported, traded, transferred or loaned to any other person or institution unless a permit is first obtained from the Department of Natural Resources in accordance with Section 805.40 of this Part, except persons engaged in interstate transport for lawful commercial purposes who do not buy, sell, barter, trade, transfer, loan or offer to do so in Illinois may transport injurious species across Illinois without an injurious species permit from the Department.

1) Under no circumstances shall an interstate transporter:

A) transfer any injurious species from one container to another; nor

B) exchange or discharge from a container containing injurious species without first obtaining written permission from the Department:

i) water;

ii) bedding;

iii) soluble material; or

iv) insoluble material.

2) The Department shall grant permission under subsection (a)(1)(B) only if:

A) it approves of the final disposition of the water, bedding, or material; and

B) the transporter satisfies the Department that there is no possibility of release into the environment.

b) Injurious species shall not be released. Release of injurious species is a violation of Section 10-100 and/or Section 20-90 of the Fish and Aquatic Life Code [515 ILCS 5/10-100 or 20 -90] or Section 2.2 and/or 2.3 of the Wildlife Code [520 ILCS 5/2.2 and/or 5/2.3].

c) Receipt of an Injurious Species Permit from the Department of Natural Resources does not excuse compliance with any other federal, State or local government laws or regulations.

Ill. Admin. Code tit. 17, § 805.30

Amended at 29 Ill. Reg. 2280, effective May 1, 2005

Amended at 39 Ill. Reg. 7682, effective 5/18/2015

Amended at 47 Ill. Reg. 18981, effective 12/7/2023