Section 700.10  Purpose

 

This Part has been established to govern the importation, possession, release into the wild, take, commercialization of take, sale and propagation of wild swine in Illinois as authorized by Section 2.2a of the Wildlife Code [520 ILCS 5/2.2a].  Nothing in this Part shall be construed to permit the Department to take action that hinders the operation of legitimate agricultural operations, the use of companion animals (see 510 ILCS 70/2.01a) or to criminalize the accidental escape of domestic swine.

 

Section 700.20  Definition of Wild Swine

 

Wild swine are defined as feral swine, Eurasian wild boar (Sus scrofa, including subspecies), and hybrids between feral swine and Eurasian wild boar.  Populations or individuals of any swine that are unrestrained and have adapted to living in a wild or free-roaming environment are considered feral swine.

 

Section 700.30  Unlawful Acts

 

a)         Live wild swine shall not be possessed, propagated, bought, sold, bartered or offered to be bought, 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 700.40.  Temporary restraint of wild swine in a trap or transport before euthanizing is not considered possession.  All live wild swine trapped or otherwise restrained must be killed and not released into the wild.

 

b)         Wild swine shall not be released into the wild, including intentional release of domesticated swine for the purposes of establishing a feral swine population or creating hunting opportunities.  Chronic neglect of fencing for domestic swine that could result in the establishment of a population of wild swine is considered an intentional release.  Release of wild swine is in violation of Section 2.2a and 2.3 of the Wildlife Code.

 

c)         It is illegal to hunt or shoot wild swine outside of established firearm, muzzleloader, late-winter antlerless and CWD deer seasons without the issuance of a permit (see 520 ILCS 5/2.37) by the Department or through a Department approved agreement for feral swine removal.  Wild swine can legally be taken by firearm deer hunters, who are carrying a current and valid unfilled deer permit, the appropriate licenses and stamps to hunt deer, and are wearing the legal amount of orange, on private and Department-owned lands during the firearm, muzzleloader, late-winter antlerless and/or CWD seasons. All swine harvested during the firearm seasons must be reported to the Department.  At all times, unless permitted by the Department to do so, it is illegal to trap, bait or chase (with dogs or otherwise) wild swine.

 

d)         No person (as defined in Section 1.2L of the Wildlife Code) shall provide or offer to provide, for compensation or other profit, outfitting or guide services for wild swine hunting in Illinois, in accordance with 17 Ill. Adm. Code 640.

 

            e)         Commercial hunting enclosures for wild swine are prohibited.

 

f)         Possession of legally harvested, dead wild swine, including any meat or any part of the carcass or skin of wild swine is legal.

 

Section 700.40  Permits

 

            a)         Application Requirements

Permits to transport/possess wild swine may be issued by the Department of Natural Resources in accordance with Section 2.2a of the Wildlife Code for scientific purposes, under the following provisions:

 

1)         Medical or research institutions wishing to transport/possess wild swine must make application to the Department in writing, on forms provided by the Department, at the following address:

 

                                                Illinois Department of Natural Resources

                                                Office of Resource Conservation

                                                Wildlife Division

                                                One Natural Resources Way

                                                Springfield IL  62702-1271

 

                        2)         Applications must contain the following minimum information:

 

                                    A)        Name and address of medical or research institution;

 

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

 

                                    C)        Number of specimens for which permit is requested;

 

D)        Explanation of the medical or research project necessitating need for permit;

 

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

 

                                    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, and disposition of animals.

 

            b)         Issuance Criteria

The Department shall consider the following in determining whether to issue a permit to transport/possess wild swine for medical or scientific purposes:

 

                        1)         Whether the request is for a legitimate medical or research purpose;

 

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

 

3)         Whether the applicant is aware of the potential dangers to public interest posed by the wild swine and who, by reason of his/her knowledge, experience and facilities, can be expected to provide adequate protection of the public interests.

 

            c)         Permit Conditions

Permits issued for the transportation/possession of wild swine shall be subject to the following conditions:

 

1)         All specimens and progeny of those specimens 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 their progeny 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.

 

Section 700.50  Penalties

 

a)         Violations of Sections 2.2a and/or 2.3 of the Wildlife Code are Class A misdemeanors (see Section 3.5 of the Wildlife Code).

 

b)         Any violations of the Wildlife Code or administrative rules of the Department may result in the revocation of licenses and permits, and the suspension of privileges (see 17 Ill. Adm. Code 2530).