Ill. Admin. Code tit. 17 § 805.40

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

Section 805.40 - Permits

a) Application Requirements

Permits to transport/possess injurious species may be issued by the Department of Natural Resources in accordance with Section 20-100 of the Fish and Aquatic Life Code [515 ILCS 5/20-100] and Sections 2.2, 2.3 or 3.22 of the Wildlife Code [520 ILCS 5/2.2, 5/2.3 or 5/3.22] , for zoological, educational, medical, or scientific purposes, under the following provisions:

1) Educational, medical or research institutions, or zoological exhibitions wishing to transport/possess injurious species must make application to the Department in writing, on forms provided by the Department, at the following:

Illinois Department of Natural Resources

Office of Resource Conservation

One Natural Resources Way

Springfield, IL 62702-1271

Or by email at:

For Section 805.20(a), Mammals and Birds - dnr.wildlife@illinois.gov

For Section 805.20(b) and (c), Fish, Mollusks, Aquatic Invertebrates and Plants - dnr.aquaculture@illinois.gov

2) Applications must contain the following minimum information:

A) Name and address of educational, medical or research institution, or zoological exhibition;

B) Name, address, and position of person making application;

C) Number of specimens and the common and scientific names of each species for which permit is requested;

D) Explanation of the exhibition, or educational, medical or research project necessitating need for injurious species permit;

E) A statement of the applicant's qualifications and previous experience in caring for and handling captive wildlife or aquatic life;

F) Time period for which permit is requested;

G) Location and description of facilities in which species will be kept; and

H) Any other information as requested by the Department, e.g., purpose of research, supplier of animals, disposition of animals and federal permit, if required.

b) Issuance Criteria

The Department shall consider the following in determining whether to issue a permit to transport/possess injurious species for zoological, educational, medical, or scientific purposes:

1) Whether the request is for a bonafide educational, medical, research or zoological exhibition purpose;

2) Whether the facilities for holding the specimens have been inspected and approved by the Department prior to issuance of an injurious species permit. Facilities must be constructed and maintained to prevent escape of all life stages of the specimens;

3) Whether the applicant is aware of the potential dangers to public interest posed by the injurious species; and who, by reason of the applicant's knowledge, experience, and facilities, can be expected to provide adequate protection to the public interests; and

4) If permit application is for zoological exhibition purposes, whether the exhibit or display will be open to the public during regular, appropriate hours.

c) Permit Conditions

Permits issued for the transportation/possession of injurious species shall be subject to the following conditions:

1) All specimens and progeny thereof approved under the permit must be confined in the facilities and at the location approved on the permit.

2) Disposition of the specimens (including conditions under which they may be sold, traded, bartered or transferred to another permitted exhibition or institution) shall be as designated by the Department.

3) Permits issued under this Part shall be valid only for the time periods and under the provisions designated by the Department on the permit.

4) All permit holders shall file with the Department, no later than 30 days after the expiration of the permit, a report documenting disposition of all specimens.

5) In the event of escape or unintentional release of specimens, or progeny thereof, authorized under the permit, permittees shall notify the Department by telephone (1-877-236-7529, toll-free) or other expedient means within 24 hours following the escape unless specifically exempted by the Department in writing.

6) Before any person shall import/export any federally listed injurious species, a permit must first be obtained in accordance with the provisions of 50 CFR 16.22.

d) Live haul of commercially wild caught Asian carp shall only be allowed with a Restricted Species Transportation Permit (as outlined in 17 Ill. Adm. Code 830.12 and 17 Ill. Adm. Code 870.6). Restricted Species Transportation permits are available by writing or email to:

Aquaculture Specialist

Illinois Department of Natural Resources

Aquatic Nuisance Species and Aquaculture Program

One Natural Resources Way

Springfield, Illinois 62702-1271

dnr.aquaculture@illinois.gov

Ill. Admin. Code tit. 17, § 805.40

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