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Full Statute Name: West's Smith-Hurd Illinois Compiled Statutes Annotated - Chapter 510. Animals. Act 68. Herptiles-Herps Act,
Popular Title: Herptiles-Herps Act Primary Citation: 510 ILCS 68/1-1 to 510 ILCS 68/110–5 Country of Origin: United States Last Checked: November, 2020 Alternate Citation: IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 Date Adopted: 2015 Historical:
Summary: Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of "aquatic life" under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act.
ARTICLE 1. GENERAL PROVISIONS
68/1-1. Short title
68/1-5. Purpose
68/1-10. Administrative agency
68/1-15. Definitions
ARTICLE 5. INDIGENOUS OR NATIVE HERPTILE TAXA
68/5-5. Possession limits
68/5-10. Commercialization; herpetoculture
68/5-15. Protection of habitat
68/5-20. Taking of endangered or threatened species
68/5-25. Taking of snakes
68/5-30. Taking of turtles or bullfrogs; illegal devices
68/5-35. Areas closed to the taking of reptiles and amphibians
68/5–40. Translocation and release of herptiles
ARTICLE 10. VENOMOUS REPTILES
68/10–5. Venomous reptile defined
68/10–10. Surgically altered venomous reptiles
68/10–15. Venomous reptile permit requirements
68/10–20. Approved venomous reptiles
68/10–25. Maintenance of venomous reptiles
68/10–30. Educational programs with approved venomous reptiles
68/10–35. Transport of approved venomous reptiles
68/10–40. Additional regulations
ARTICLE 15. BOAS, PYTHONS, AND ANACONDAS
68/15–5. Boas, pythons, and anacondas
68/15–10. Maintenance of boas, pythons, and anacondas
68/15–15. Educational programs with boas, pythons, and anacondas
68/15–20. Transport of boas, pythons, and anacondas
68/15–25. Use of boas, pythons, and anacondas at reptile shows
ARTICLE 20. CROCODILIANS
68/20–5. Crocodilians
68/20–10. Crocodilian permit requirements
68/20–15. Maintenance of crocodilians
68/20–20. Educational programs with crocodilians
68/20–25. Transport of crocodilians
ARTICLE 25. MONITOR LIZARDS
68/25–5. Monitor lizards
68/25–10. Monitor lizard permit requirements
68/25–15. Maintenance of monitor lizards
68/25–20. Educational programs with monitor lizards
68/25–25. Transport of monitor lizards
ARTICLE 30. TURTLES
68/30–5. Turtle farming
68/30–10. Turtle collection
ARTICLE 35. AMPHIBIANS
68/35–5. Amphibians
ARTICLE 40. HERPTILE SCIENTIFIC COLLECTION PERMITS
68/40–5. Permit issuance
68/40–10. Permit requirements
ARTICLE 45. HERPTILE SCIENTIFIC COLLECTION PERMIT APPLICATION AND FEES
68/45–5. Permit Application and Fees
ARTICLE 50. HERPETOCULTURE PERMITS
ARTICLE 55. HERPETOCULTURE PERMIT APPLICATION AND FEES
ARTICLE 60. HERPTILE SPECIAL USE PERMIT REQUIREMENTS
68/60–5. Permit Requirements
ARTICLE 65. HERPTILE SPECIAL USE PERMIT APPLICATION AND FEES
ARTICLE 70. SUSPENSION OF PRIVILEGES AND REVOCATION OF HERPTILE SPECIAL USE PERMITS
68/70–5. Suspension of Privileges and Revocation of Permits
ARTICLE 75. RECORD KEEPING REQUIREMENTS OF SPECIAL USE HERPTILES
68/75–5. Record Keeping Requirements
ARTICLE 80. INJURY TO A MEMBER OF PUBLIC BY SPECIAL USE HERPTILES
68/80–5. Injury to a Member of Public by Special Use Herptiles
ARTICLE 85. PROHIBITED ACTS WITH SPECIAL USE HERPTILES
68/85–5. Prohibited Acts
ARTICLE 90. PENALTIES
68/90–5. Penalties
ARTICLE 95. CIVIL LIABILITY AND IMMUNITY
68/95–5. Assumption of Risk
68/95–10. Civil Liability and Immunity
ARTICLE 100. SEIZURE AND FORFEITURE
68/100–5. Prima facie evidence; confiscation
68/100–10. Search and seizure
68/100–15. Seizure and forfeiture
ARTICLE 105. GENERAL PROVISIONS
68/105–5. Administrative rules
68/105–10. Conservation of reptiles and amphibians
68/105–15. Peace officers
68/105–20. Arrests; warrants
68/105–25. Prosecutions; State's Attorneys
68/105–30. Statute of limitations
68/105–35. Collection of fines
68/105–40. Power of entry and examination; access to lands and waters
68/105–45. Obstructing an officer
68/105–50. Posing as an officer or employee
68/105–55. Illegal collecting devices; public nuisance
68/105–60. Violations; separate offenses
68/105–65. Accessory to violation
68/105–70. Permit fraudulently obtained
68/105–75. Wildlife and Fish Fund; disposition of money received
68/105–80. Ownership and title of wild indigenous reptiles and amphibians
68/105–85. Application
68/105–90. Taking on private property
68/105–95. Financial value of herptiles
68/105–100. Home rule
ARTICLE 110. EXEMPTIONS
68/110–5. Exemptions
ARTICLE 1 GENERAL PROVISIONS
§ 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.
§ 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.
§ 1-15. Definitions. For the purposes of this Act, unless the context clearly requires otherwise, the following terms are defined as:
"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.
"Individual" means a natural person.
"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.
§ 5-5. Possession limits.
(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.
§ 5-10. Commercialization; herpetoculture.
(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.
§ 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.
§ 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.
§ 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.
§ 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.
(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.
(a) Unless otherwise allowed by law or administrative rule, the taking of reptiles and amphibians at any time and by any method is prohibited in the following areas:
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.
68/5-40. Translocation and release of herptiles
(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.
68/10-5. Venomous reptile defined
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.
68/10-10. Surgically altered venomous reptiles
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.
68/10-15. Venomous reptile permit requirements
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.
68/10-20. Approved venomous reptiles
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.
68/10-25. Maintenance of venomous reptiles
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.
68/10-30. Educational programs with approved venomous reptiles
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.
68/10-35. Transport of approved venomous reptiles
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.
68/10-40. Additional regulations
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.
68/15-5. Boas, pythons, and anacondas
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.
68/15-10. Maintenance of boas, pythons, and anacondas
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.
68/15-15. Educational programs with boas, pythons, and anacondas
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.
68/15-20. Transport of boas, pythons, and anacondas
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.
68/15-25. Use of boas, pythons, and anacondas at reptile shows
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.
68/20-5. Crocodilians
"Crocodilians" means any species of the Order Crocodilia, such as crocodiles, alligators, caimans, and gavials.
68/20-10. Crocodilian permit requirements
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.
68/20-15. Maintenance of crocodilians
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.
68/20-20. Educational programs with crocodilians
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.
68/20-25. Transport of crocodilians
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.
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.
68/25-5. Monitor lizards
"Monitor lizards" means the following members of the Varanidae family, specifically crocodile monitors as well as Komodo dragons.
68/25-10. Monitor lizard permit requirements
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.
68/25-15. Maintenance of monitor lizards
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.
68/25-20. Educational programs with monitor lizards
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.
68/25-25. Transport of monitor lizards
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.
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.
68/30-5. Turtle farming
Turtles shall not be commercially farmed in this State.
68/30-10. Turtle collection
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.
68/35-5. Amphibians
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.
68/40-5. Permit issuance
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.
68/40-10. Permit requirements
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.
68/45-5. Permit application and fees
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.
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.
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.
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.
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.
68/60-5. Permit requirements
Prior to any person obtaining a Herptile Special Use permit, the following criteria must be met:
(1) the person was in legal possession and is the legal possessor of the herptile prior to the effective date of this Act and the person applies for and is granted a Personal Possession permit for each special use herptile in the person's possession within 30 days after the enactment of this Act; or
(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.
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.
68/70-5. Suspension of privileges and revocation of permits
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.
68/75-5. Record keeping requirements
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.
68/80-5. Injury to a member of public by special use herptiles
§ 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.
68/85-5. Prohibited acts
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.
68/90-5. Penalties
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.
68/95-5. Assumption of risk
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.
68/95-10. Civil liability and immunity
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.
68/100-5. Prima facie evidence; confiscation
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.
68/100-10. Search and seizure
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.
68/100-15. Seizure and forfeiture
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.
68/105-5. Administrative rules
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.
68/105-10. Conservation of reptiles and amphibians
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.
68/105-15. Peace officers
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.
68/105-20. Arrests; warrants
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.
68/105-25. Prosecutions; State's Attorneys
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.
68/105-30. Statute of limitations
All prosecutions under this Act shall be commenced within 2 years after the time the offense charged was committed.
68/105-35. Collection of fines
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.
68/105-40. Power of entry and examination; access to lands and waters
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.
68/105-45. Obstructing an officer
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.
68/105-50. Posing as an officer or employee
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.
68/105-55. Illegal collecting devices; public nuisance
§ 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.
Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
P.A. 98-752, § 105-55, eff. Jan. 1, 2015. Amended by P.A. 100-512, § 120, eff. July 1, 2018.
68/105-60. Violations; separate offenses
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.
68/105-65. Accessory to violation
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.
68/105-70. Permit fraudulently obtained
No person shall at any time:
(1) falsify, alter, or change in any manner, or provide deceptive or false information required for any permit issued under the provisions of this Act;
(2) falsify any record required by this Act;
(3) counterfeit any form of permit provided for by this Act;
(4) loan or transfer to another person any permit issued under this Act; or
(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.
68/105-75. Wildlife and Fish Fund; disposition of money received
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.
68/105-80. Ownership and title of wild indigenous reptiles and amphibians
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.
68/105-85. Application
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.
68/105-90. Taking on private property
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.
68/105-95. Financial value of herptiles
(a) For purposes of this Section, the financial value of all reptiles and amphibians described under this Act taken, possessed, or used in violation of this Act, whether in whole or in part, is as follows:
(1) for processed turtle parts, $8 for each pound or fraction of a pound; for each non-processed turtle, $15 per whole turtle or fair market value, whichever is greater;
(2) for frogs, toads, salamanders, lizards, and snakes, $5 per herptile or fair market value, whichever is greater, in whole or in part, unless specified as a special use herptile;
(3) for any special use herptile, the value shall be no less than $250 per special use herptile or fair market value, whichever is greater;
(4) for any endangered or threatened herptile, the value shall be no less than $150 per endangered or threatened herptile or fair market value, whichever is greater; and
(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.
68/105-100. Home rule
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.
68/110-5. Exemptions
When acting in their official capacity, the following entities and their agents are exempt from Articles 75 and 85 of this Act:
(1) public zoos or aquaria accredited by the Association of Zoos and Aquariums or the Zoological Association of America;
(2) licensed veterinarians or anyone operating under the authority of a licensed veterinarian;
(3) wildlife sanctuaries;
(4) accredited research or medical institutions;
(5) licensed or accredited educational institutions;
(6) circuses licensed and in compliance with the Animal Welfare Act and all rules adopted by the Department of Agriculture;
(7) federal, State, and local law enforcement officers, including animal control officers acting under the authority of this Act;
(8) members of federal, State, or local agencies approved by the Department;
(9) any bona fide wildlife rehabilitation facility licensed or otherwise authorized by the Department; and
(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.


text:
Grass boy's victory
Those who worked together in the same year, many of them went to Beijing to be officials. These years when they meet the grass baby, they will say, "Hello, there are so many works left behind."
The 87-year-old grass baby sits in a chair next to the bed and wears a red and black sweater. The uniform pin-striped cotton jacket of East China Hospital is now on his lap.
His wife, Sheng Tianmin, came in and helped him with his collar.
"I don't know how to change clothes now." Grass baby slowly said.
"Not told you, the reporter is coming to interview today." Sheng Tianmin said with a smile.
The grass baby laughs like a child, oh, think of it.
The caregiver handed him a small white bowl with some cut apples. Speaking, the grass baby forgot the apple and put the bowl on the bed. When Sheng Tianmin talked to the reporter, the care worker pointed to the bowl, meaning "you haven't finished eating it yet." Grass baby immediately put the bowl into his arms and put a small piece of apple into his mouth. That demeanor is obedience, no struggle, no purity.
It is this gentleman who seems to have rejuvenated. In the 20 years after the "Cultural Revolution", he did not prepare, disguised, or paid wages. He translated more than 4 million words of Lev Tolstoy's novels and Xiao Luo. The works of Hoff, Lermontov and others – an Eight Immortals table is not enough to spread these translations.
For a long time, he was sick and could only go to a small hospital in the street for treatment. Even with the leadership of the municipal party committee, the hospital is still dragging on. In the end, the then Shanghai Municipal Party Committee Secretary Xing Xingwen "angry under the blame", grass baby has medical treatment. It is no wonder that the leaders of the relevant departments will not convert "big translators" to "administrative grades".
What the ancestors uploaded
Ningbo Zhenhai Shengjia is a local family. From the Kangxi Dynasty to the Republic of China, there were 408 people who took the fame and worked in the family. There were countless people and industrialists who went abroad to study abroad.
In 1923, Cao Ying was born in the family of Camel Bridge, formerly known as Sheng Junfeng. Shengziji Brewing Garden is the ancestral industry. The record of Zhenhaizhi was created by the great-grandfather of Shengjunfeng in the 18th year of Daoguang (1838). In 1915, the president of the Republic of China Yuan Shikai made a decision. For the first time, China participated in the San Francisco-Panama-Pacific International Fair in the name of the government. 1.9 million people visited more than 4,000 Chinese goods in the Chinese exhibition hall costing 90,000 yuan. Finally, Hangzhou Zhang Xiaoquan scissors, Guizhou Moutai and Ningbo Shengziji soy sauce won the gold medal – this incident, in 2006, the grass baby still remembers clearly, but also at the East China Hospital, told reporters from home. Sheng Tianmin said that the grass baby family also made fermented bean curd, rice wine, vinegar or something, after the liberation "public-private partnership", the factory was still in the 1960s.
The mother of the grass baby Xu Shuju is the show of everyone in Cixi County. Xu Jia had a romantic novelist Xu Wei (Cao Ying's cousin) who was earlier than Zhang Ailing's debut. His novel "Ghost Love" was made into a movie "Human Twilight" by Ningbo Zhenhai Chen Yifei many years later. The father of Cao Ying studied Western medicine. He graduated from Tongji Medical College in Shanghai in 1919. After that, he opened a clinic and practiced medicine. After more than a year, he returned to his hometown and became the dean of Ningbo Railway Hospital. The ancestral sauce garden has a special manager to take care of, the family's economic situation is very good.
Later, Sheng Junfeng had a small brother, his 8-year-old brother, Sheng Xiaofeng. After graduating from the Department of Journalism at Fudan University, he was an editor at the Shanghai Ancient Books Publishing House.
On October 21, 1931, the "Current Affairs Bulletin" in Ningbo area published a message: "Primary School Sheng Junfeng donated 30 gold", saying that after the "September 18th" Incident, Ningbo's various groups in the fundraising activities against Japan to save the country, 8 The old Sheng Junfeng donated 30 oceans. The money was worth 100 pounds of pork or 150 kilograms of sesame oil at the time. This was donated by his father, Sheng Ji's son. In this way, the word "patriotism" was given to his son.
In 1937, the Japanese were getting closer and closer to Ningbo, and his father took the family to Shanghai to escape. The garden house of the old family stationed the Japanese troops until the victory of the war. After liberation, considering that he did not return to Ningbo, his father donated the house to Qijiang Girls' High School.
In Shanghai, they rented a new style house in the opposite of Fuxing Park (formerly known as the French Park) and had a small garden.
In the early days of the Anti-Japanese War, the first volume of Lu Xun's Complete Works was published in China for 20 volumes. The price was 20 yuan, but the reservation only received 8 yuan. Sheng Junfeng ordered a set of pocket money and "read it over and over again". The last 10 volumes of the complete works are Lu Xun's translations. He said that he was on the road of translation and was influenced by Lu Xun.
Sheng Junfeng studied English at the British-based Rensett Institute of Technology. At that time, progressive books and Russian literature were influxed, and he began to learn Russian. Following the report of an advertisement, he knocked on the door of a family. Opening the door is a Russian middle-aged woman wearing deep myopia glasses (then there were tens of thousands of old Russian refugees in Shanghai). After asking the reason, he told him that the tuition fee was 1 yuan per hour. Sheng Junfeng has calculated and asked for a class every week. According to the teacher's instructions, he went to Xiafei Road, a bookstore opened by an overseas Chinese to buy a textbook: "Russian Jinliang" first volume. At that time, he had 5 yuan of silver foreign pocket money every month, 4 yuan to learn Russian, 1 yuan to buy reference books, not even seen a movie.
The beginning of the Tass news agency and translation career
In 1941, the Shanghai Underground Party Organization and the Soviet Tass Society discussed and co-organized Chinese publications to promote anti-fascism. The leader of the underground party, Jiang Yufang, found Sheng Junfeng and hoped that he would do some translation work. At that time, Sheng Junfeng was about 18 years old. In the following year, he published the first short story "The Old Man" translated by Pradonov, using the pseudonym "Grass Baby".
At that time, news agencies in many countries set up branches in Shanghai, such as Reuters, Associated Press, and AFP. Most of them used Chinese who speak foreign languages. Grass Baby officially joined the Tass Society in 1945. The agency has a Chinese publication "Time" in Shanghai, an English newspaper "Daily Warfare" (someone jokingly called it "a little yellow ox", Daily War News homophony), and a "sound radio station." Grass baby remembers that a Soviet female broadcaster could read Russian directly in English. The person in charge of the radio music program is a Chinese, called Li Delun. Every morning, he bites the big cake fritters to go to work, while eating and taking out the records. After liberation, he went to the Soviet Union to learn the command and later became the head of the Central Symphony Orchestra.
At that time, the Kuomintang blocked the news of the war and only reported victory and did not report defeat. Therefore, it is necessary to "steal the enemy" to fully understand the situation. Jiang Yufang asked Fu Lei, who is proficient in French, to listen to the short-wave broadcast of the French news agency and then translate it into Chinese. The grass baby often went to the home of Mr. Fu Lei, the new village of Shimen Road, to get the translation.
In the 1940s and 1950s, under the background of "taking Russia as a teacher", Cao Ying translated a lot of introductions to the Soviet state system, the management of the party in the enterprise, the marriage and family, the education of children's education, and the Russian grammar reading, while also reading to Chinese readers. Introducing Russian and Soviet literary and artistic works, many articles were selected for the middle school Chinese textbooks.
In 1955, he published the translation of "The Total Agronomist of the Tractor Station" (Nikolayeva waited). At that time, Hu Yaobang, who served as the first secretary of the Central Committee of the Communist Youth League, called on the National Youth League members to learn from the heroine Nasgar. "Caring for the suffering of the people and opposing bureaucracy." A year later, Wang Meng published "New Youth in the Organization Department".
Zhang Hailing, a student of Cao Ying, said: "Hu Yaobang noticed that "the total agronomist of the tractor stationmaster" is probably the 'accident' of literature browsing, but there is also 'necessity' in it, one of which is the excellent translation of the grass baby, the original Great for beauty."
Cao Ying has written an introduction to the five Nobel Prize winners of the Soviet Union, including Pasternak, Sholokhov and Solzhenitsyn. He is also familiar with Russian poets and has translated some of the poems by Ye Saining, Mayakovsky, Akhmatova, Mandelstam and Zvetaeva.
In his mind, Leo Tolstoy is a giant of Russian literature, proclaiming fraternity, freedom and humanitarianism with his life's work, and Sholokhov is one of the most successful inherited the spirit and skill of Torah. So he worked hard to translate Sholokhov's work in the 1950s.
Sholokhov's "One Man's Encounter" began on the last day of 1956 and was serialized in Pravda. During the Great Patriotic War, "not a traitor to death", many surviving Soviet officers and men returned to suffer great suffering. Professor Xu Zhenya from East China Normal University said that on New Year's Eve, when Moscow broadcast this novel, there were thousands of people, and many Soviets stood and listened, and shed tears in the cold wind. "The grass baby is a thinker. He is very sensitive. He immediately feels the meaning of it and immediately translates it."
Cao Ying later wrote: "I was excited when I was translating. I often stopped writing to wipe my tears… The Soviet people lost about 40 million people in the Great Patriotic War. So after the war, almost every family table was left empty. Tableware used by people."
He was interested in many of Sholokhov's works. He translated "Learn Hate" before liberation. After liberation, he translated "The Revealed Virgin Land" (renamed "New Land" during retranslation) and "Don River Story".
a deep understanding of the Russian mind
There is a famous saying in Cao Ying: I am like a Jew who licks every dollar of their money and licks every minute of their own.
365 days a year, he sat in his own study, companionship with the tiny Russian characters like going to work. A friend borrowed his house and just talked a few words in the morning. Cao Ying said: "I'm sorry, I have to go to work." Sheng Tianmin told reporters that when he was working, the children knew that they could not disturb.
Cao Ying believes that a good translation should be the experience of reading the translations of foreign readers and the feelings of the readers reading the original text.
He once revealed to his friends the process of his translation: read through several times to make the characters clear in the mind; then translate them word by word; then check the original text to see if there is any leak or misunderstanding; then, from the perspective of Chinese, often The actor and friends read aloud and corrected the mouth of the mouth (for example, the old friend Sun Daolin read the translation of Xiao Luokhov's "One Man's Encounter" for him, and the grass baby adjusted accordingly. At East China Hospital, they were also neighbors.) Finally, make some adjustments based on the editorial comments.
There are 559 personalities in "War and Peace". Grass Baby has made 559 small cards, and each person's name, identity, and personality characteristics are written on it until he truly enters the world of the novel. In addition, Towon's vast historical picture forced him to cover Russia's philosophy, religion, politics, economy, military, customs and daily life habits of the Russians. He has been translated for six years in these four volumes.
Today, 559 cards and four originals that have been ruined are lying in his bookcase.
Xu Zhenya is the most admired translation of Grasshopper in several Chinese translations of The Resurrection. He said that the grass baby has thoroughly penetrated the original, and the words are accurate, expressive and more concise.
When translating "Anna Karenina", Anna's fate often caught him in it. Student Zhang Hailing remembers that there was a heavenly visit and found that the teacher was somewhat different. He got up and said goodbye, and the grass baby stayed again and again. After a while, Cao Ying said with a sigh of relief: "Anna is dead… I was just saddened by the translation of 'Anna's death.'"
In 1985, he first went to the Soviet Union with the delegation and set foot on the land of Tolstoy's homeland. This is the Jasnaia Porena estate near the city of Tula, covering 380 hectares with birch groves and lakes. Cao Ying said: "He is a real big aristocrat, a big landlord, but he cares about poor peasants. This is not the second in the world."
In 1987, the Soviet Writers Association awarded the Grassen "Gorky Literature Award". In the award speech, there was such a sentence: "The two Chinese characters (Cao Ying) show hard work, cultural talent and profoundness to the Russian mind. understanding."
From August 1990 to January 1995, Anna Karenina was printed 14 times with a total print of 775,000 copies – this is just data from a Shanghai publishing house.
In 1996, Cao Ying wrote: "Some college students have learned a foreign language to a Chinese-foreign joint venture to make big money, and they are really lonely. They have a very good foundation in Chinese and foreign languages, but their working conditions and living conditions are not good. Implementation, can not engage in their beloved work."
The thoracic vertebrae are broken and the spine is intact.
Cao Ying said that intellectuals must have five things: conscience, mind, vision, backbone, and courage.
"People are alive, can't say something that is against the heart, do things that go against it; no matter what, use your own mind to think, analyze, judge, you can't bend over and sway with the wind."
When the anti-Hu Feng in the 1950s, the friend Man Tao became the object of criticism. When "anti-right", Fu Lei was put on the "rightist" hat. The relevant departments asked Grass Ying to write a critical article. He did not write a word. He said: "I can't criticize them with my conscience."
He also had his own reflection on Stalin, who worshiped when he was young. In a letter to his friend Lan Yingnian, he said: "In the past, our view of the Soviet Union was completely 'one-sided'. We only saw its bright side from the materials we could touch, only heard a praise to it… In recent years, I have read "Untimely Thoughts" that Gorky had not published before. Roman Roland sealed the "Moscow Diary" and the "Visit the Soviet Union", which was revisited for 50 years, and further understanding of the history of the Soviet Union… …reading a series of articles you wrote, it's like seeing a history of undistorted and an unpackaged Gorky.
It is precisely in order to get rid of this historical packaging, after the "Cultural Revolution", Cao Ying and Ba Jin worked together to establish the "Cultural Revolution Museum". The photographer Yang Kelin compiled two volumes of the "Cultural Revolution Museum" album, and the texts of the two old people appeared at the forefront of the album. In the preface, Cao Ying said: "Anyone with a conscience will make a cry from the bottom of his heart: no longer can such a historical tragedy be repeated."
Comparing the photos of the grass baby and his wife in the 1940s and 1970s, it is obvious that the height gap is gone. The catastrophe caused a shortage of his body: in 1965, he was decentralized, and he lost 3/4 of his stomach due to major bleeding. In 1975, a 100-pound cement pack broke the thoracic vertebrae in a body of 90 pounds. Cao Ying said: The thoracic vertebrae are broken and the spine is not broken.
Today, they have been together for 60 years.
In the interview, the old couple checked the names and deeds, and sifted the part of the bottom of the memory box. The scene was very warm.
Their youngest daughter, Sheng Yu, studied Chinese painting in his early years and went to the United States to study oil paintings. He is known for his large oil paintings and glass sculptures. In the Shanghai World Expo Park, there is a group of her large outdoor installation "Open Great Wall." This group of works was presented at the 2009 Venice Biennale. Sheng Tianmin said that when the weather is warmer, she will push the grass to see.
Prev Kindness is an infectious disease
Next Apple tree at 61° north latitude

redpajama_set_name: RedPajamaCommonCrawl


text:
The Ras Cannons were the first cannons built in South Africa. The two cannons were constructed during the First Boer War on a farm Bokfontein in Brits district.

They were built during a two-week period by Marthinus Nikolaas Ras, who is considered the father of South African Artillery, and his cousin, Eduard Dawid Ras who was a talented blacksmith.

In December 1880, Ras requested and obtained permission from General Piet Cronjé to return home to his farm Bokfontein, near Brits, to build a cannon for the Boer forces.

"Martienie" Cannon

Marthinus Nikolaas Ras bought a number of iron shod wagon wheels from a dealer in Rustenburg, which were melted down and from which the cannons were cast.

The first cannon, a 3-inch caliber named "Martienie" after Marthinus Ras, fired a 7-pound lead ball from a 4½ feet barrel. The breech plug of the cannon was damaged during the first test firing of the cannon, which necessitated some adjustments from the manufacturer. The damaged cannon breech was replaced by a reinforced breech (see picture) and the cannon was then mounted on a small wagon axle and wheels.

The "Martienie" cannon was moved to the front and deployed by Commandant Eloff against the British garrison at Rustenburg. It was first fired from 2000 feet, then later from 800 and 600 feet. Between the 8 and 9 January 1881 it was used to fire 93 shots on the British fort, which led to the subsequent surrender of the fort.

"Ras" Cannon
The second cannon, built at a later stage, was dubbed "Ras". It was smaller than "Martienie", being a 2-inch caliber, but which had a longer barrel, 5½ feet long. It was designed to fire an elongated bullet shaped projectile (2 inches wide and 4½ inches long). However, it was never operationally deployed during the war.

After the war "Ras" was sent as an exhibit to Europe and was displayed at the 1900 World Fair in Paris. It was only returned to South Africa after the Second Boer War.

After the war
The "Martienie" cannon was used after the war to fire the noon signal in Pretoria.

In 1885 a mad Austrian named Compolier loaded the cannon with rocks, aimed and fired it at the State Presidential residence in Pretoria. The shot severely damaged the cannon, and it was subsequently moved to a museum. When the British marched into Pretoria in 1900, it was already a museum piece, otherwise it would probably have met the same fate as the other Boer war cannons, which were sent to England to be melted down.

The two Ras cannons survive today. "Ras" is displayed at Fort Schanskop in Pretoria, and "Martienie" at Denel in Erasmuskloof, Pretoria.

Honours
After the Second World War, the 26 Field Artillery Regiment of the South African Transvaal Artillery gunner regiments, named their two senior batteries "MARTIENIE" and "RAS" after the two homemade cannons built by Martinus Ras. He was further honoured in 1981 by the regiment, by the firing of a Salute at a memorial service to celebrate the achievements of the gunmaker, 100 years after the manufacture of the first gun.

Notes

Sources

Ras
First Boer War
Weapon history
Artillery of South Africa

redpajama_set_name: RedPajamaWikipedia


text:
Last Light – Cirque de Navacelles
The Cirque de Navacelles is a unique geological feature nestled in the heart of the Vis River Gorge separating the limestone plateaus of Blandas (Gard) to the north and Larzac (Hérault) to the south. At 300 meters (984 feet) deep, the cirque is a dried-up oxbow river meander, left as the Vis forged a more direct route through the land and created an eight-meter (26-foot) high waterfall in the process. The heart of this natural amphitheater offers an unsuspected change of scenery between the limestone plateaus and semi-arid shrubland, an unexpected green oasis at the center of it all. Looming out of the center of the cirque is the Rocher de la Vierge, also known as "the oyster rock."
Located around this green oasis is the tiny hamlet of Navacelles, whose origins date back to the 5th century when monks cleared the land and built an estate with olive trees, fruit trees, and grapevines. While the estate offshoot of a local abbey has been replaced by a hamlet, this farming continues today with local farmers using the fertile ground of the oxbow for their fields. The top of the waterfall that can be seen in this image at the v-shaped intersection of the ridges and oxbow is the same waterfall captured in "Emerald Flows I" and "Emerald Flows II." This kind of terrain is something that I think most tourists don't think of when they think of France, especially the south of France. People typically think of the rolling hills of lavender or perhaps the blue waters of the seaside towns along the Côte d'Azur, but farther west and inland lies this greatly diverse territory that includes beautiful river gorges and semi-arid landscapes.
This time-blended VAST image was created by combining tilt and shift optical movements on a medium format technical camera with panorama stitching. The result is an image that is not only sharp from the leaves in the foreground to the trees on the ridges in the distance but a perspective that is unachievable with a normal lens and camera.


text:
Study shows limited long-term gains in K-3 Plus Program
SANTA FE — A New Mexico summer education program that is requesting $29 million in funding appears to have little long-term effects for students, a new study said.
A Utah State University political science professor presented the findings of a five-year study of the K-3 Plus Program to lawmakers earlier this week.
Professor Damon Cann told members of the Legislative Education Study Committee on Thursday that the gains children make in math, writing and reading appear to flatten out over time.
"There is some evidence of promise for some students in some areas. I realize that's not the most helpful piece of advice I can give," Cann said.
According to the study, participating students made average gains of 8 percentage points in math and more than 11 points in reading by the end of their kindergarten year compared to those who did not take part the previous summer. But students who had the same teacher after the program made 25 percentage point gains in math and 20 points in writing after second grade.
He and Democratic state Sen. Mimi Stewart, of Albuquerque, both believe a struggle to find teachers to volunteer and to get students and parents to attend are factors. Cann estimated that 65 percent of the K-3 Plus students stick with the program by the time they reach third grade, the Santa Fe New Mexican reported (http://bit.ly/1T90k9N).
"They have to go to school to get these gains," Cann said.
Stewart, who has made early childhood programs a focus, said she was disappointed by some of the report's data.
"I am very frustrated that we have districts and schools all over the state that can't quite get their act together with it," she said.
The program adds 25 days of summer instruction for kindergarteners through third graders attending schools with high rates of children living in poverty.
The New Mexico Public Education Department has invested $24 million in the program and plans to ask for more during the next legislative session.