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HB 5309

WILDLIFE CD-MUTE SWAN

104th Regular Session Introduced by Chris Balkema and 2 co-sponsors

HB 5309 prohibits taking, possessing, selling, propagating, or releasing listed wildlife (birds and mammals) in Illinois starting Jan 1, 2028, with limited salvage/education except

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Bill Summary · HB 5309

Summary of HB 5309 (104th Illinois General Assembly)

Purpose and intent

  • Establishes a comprehensive listing of wildlife protected under the Illinois Wildlife Code and sets forth prohibitions on taking, possessing, selling, propagating, or releasing protected wild birds and mammals (and parts thereof) within the state.
  • Effective date: January 1, 2028.

Key provisions and changes

  • Amendments to Section 2.2 of the Wildlife Code define the scope of protected wildlife, covering:
    • Wild birds and parts of wild birds (including nests and eggs)
    • Wild mammals and parts of wild mammals (including green hides)
  • The bill enumerates protected species by groups, with explicit lists that exclude certain species commonly exempt from protection (e.g., House Sparrow, European Starling, Rock Pigeon, Eurasian Collared Dove, Ringed Turtle-Dove, Purple Swamphen, Muscovy Duck). This creates a formal, though partial, exclusion list.
  • Protected categories include:
    • GAME BIRDS (e.g., Ruffed Grouse, Sharp-tailed Grouse, Northern Bobwhite, Ring-necked Pheasant, Greater Prairie Chicken, Wild Turkey) and migratory game birds (Waterfowl and other migratory waterfowl families)
    • RESIDENT AND MIGRATORY NON-GAME BIRDS (a broad set including loons, grebes, pelicans, herons, ibises, storks, vultures, raptors, owls, kingfishers, woodpeckers, warblers, sparrows, finches, and many others)
    • GAME MAMMALS (e.g., Woodchuck, Gray Squirrel, Eastern Cottontail, Swamp Rabbit, White-tailed Deer)
    • FUR-BEARING MAMMALS (e.g., Muskrat, Beaver, Raccoon, Opossum, Weasels, Mink, River Otter, Skunk, Badger, Red Fox, Gray Fox, Coyote, Bobcat, Lynx)
    • OTHER MAMMALS (Flying Squirrel, Red Squirrel, Eastern Woodrat, Golden Mouse, Rice Rat, Franklin’s Ground Squirrel, Bats, Gray Wolf, American Black Bear, Cougar)
  • Prohibitions:
    • It is unlawful to take, possess, sell, or offer for sale, propagate, or release into the wild any of the listed wild birds (dead or alive) and their parts; any listed wild mammals (dead or alive) and their parts; including nests and eggs, contrary to the Act.
    • Exceptions allow Bona fide public or state scientific, educational, or zoological institutions to receive, hold, and display protected species that are salvaged or legally obtained.
    • It is unlawful to take any other living wildlife not covered by the Act without the landowner or tenant’s permission.
  • The bill clarifies that possession or handling of protected species salvaged or legally obtained is permitted for scientific, educational, or zoological institutions, indicating a salvage/education exception within the framework of the Act.

Who and what is affected

  • Wildlife within Illinois, including wild birds and wild mammals and their parts (nests, eggs, hides) listed as protected, would be subject to strict prohibitions on taking, possession, sale, propagation, or release into the wild.
  • Public or state scientific, educational, or zoological institutions have a limited exception for salvaged or legally obtained protected species. -Landowners or tenants would continue to hold general authority over other wildlife not expressly listed in the Act, requiring their permission to interact with such animals.

Procedural and timeline aspects

  • Enactment and effective date:
    • The bill takes effect January 1, 2028.
  • Legislative process timeline (highlights):
    • Passed both houses in May 2026 and sent to the governor (as of June 26, 2026, it was sent to the governor).
    • Referred through committees, with amendments considered (House Agriculture & Conservation Committee action noted).
    • Final readings and passage occurred in late May 2026, with subsequent actions leading to gubernatorial consideration.

Notes

  • The bill provides a detailed taxonomic and family-level categorization of protected wildlife, ensuring clarity on what is and isn’t protected.
  • It narrows certain previously protected categories by listing specific exclusions for some common species (e.g., some doves and pigeons) from protection.
  • The overarching framework emphasizes conservation and regulation of wildlife, balanced with specific allowances for scientific and educational institutions.

Compiled from official sources — confirm details with the bill’s official record.

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