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Sponsored byAnna Moeller+2 co-sponsors
Last updated Aug 7, 2026 · IL · Source: LegiScan ↗
This bill amends the Illinois Wildlife Code to remove the mute swan (Cygnus olor) from the list of protected species. It explicitly excludes mute swans from the protected migratory game birds category (waterfowl including swans), effective January 1, 2028. This change allows mute swans to be taken, possessed, sold, or hunted without the previous legal restrictions that applied to protected wildlife.
HB5309 Enrolled LRB104 17098 BDA 30517 b 1 AN ACT concerning wildlife. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Wildlife Code is amended by changing 5 Section 2.2 as follows: 6 (520 ILCS 5/2.2) (from Ch. 61, par. 2.2) 7 Sec. 2.2. This Act shall apply only to the wild birds and 8 parts of wild birds (including, but not limited to, their 9 nests and eggs), and wild mammals and parts of wild mammals, 10 which shall include their green hides, in the State of 11 Illinois, or which may be brought into the State. 12 Wildlife protected by this Act, hereby defined as 13 protected species, include the following wild species and all 14 wild species contained in listed families, including, but not 15 limited to, groups of wild species preceding each family name: 16 (except the House Sparrow, Passer domesticus; European 17 Starling, Sturnus vulgaris; and Rock Pigeon, Domestic Pigeon, 18 Columba livia; Eurasian Collared Dove, Streptopelia decaocto; 19 Ringed Turtle-Dove, Streptopelia roseogrisea; Purple Swamphen, 20 Porphyrio porphyio; or Muscovy Duck, Cairina moschata). GAME 21 BIRDS-Ruffed grouse, Bonasa umbellus; Sharp-tailed grouse, 22 Tympanuchus phasianellus; Northern Bobwhite, Colinus 23 virginianus; Gray Partridge, Perdix perdix; Chukar, Alectoris HB5309 Enrolled - 2 - LRB104 17098 BDA 30517 b 1 chukar; Ring-necked Pheasant, Phasianus colchicus; Greater 2 Prairie Chicken, Tympanuchus cupido; Wild Turkey, Meleagris 3 gallopavo. MIGRATORY GAME BIRDS-Waterfowl including brant, 4 ducks, geese, and swans (except Cygnus olor) , Anatidae; wild 5 species of the families Rallidae (Virginia Rails and Sora 6 Rails), Scolopacidae (Wilson's Snipe and Woodcock), Columbidae 7 (Mourning Dove and White-winged Dove), and Corvidae that may 8 be legally hunted as provided for in Section 2.18 of this Act. 9 RESIDENT AND MIGRATORY NON-GAME BIRDS-Loons, Gaviidae; grebes, 10 Podicipedidae; pelicans, Pelecanidae; gannets, Sulidae; 11 cormorants, Phalacrocoracidae; anhingas, Anhingidae; 12 frigatebirds, Fregatidae; herons, bitterns and egrets, 13 Ardeidae; ibises and spoonbills, Threskiornithidae; storks, 14 Ciconiidae; vultures, Cathartidae; kites, hawks, ospreys, and 15 eagles, Accipitridae; falcons, merlins, and kestrels, 16 Falconidae; rails, gallinules, and moorhens, which may not be 17 legally hunted, Rallidae (unless listed as a migratory game 18 bird); cranes, Gruidae; all shorebirds that may not be legally 19 hunted, of the families Charadriidae, Scolopacidae (unless 20 listed as a migratory game bird), and Recurvirostridae gulls, 21 terns, jaegers, skimmers, and kittiwakes, Laridae; dovekies 22 and murrelets, Alcidae; doves and pigeons, which may not be 23 legally hunted, Columbidae (unless listed as a migratory game 24 bird); cuckoos and anis, Cuculidae; owls, Tytonidae and 25 Strigidae; whip-poor-wills, chuck-will's-widows, and 26 nighthawks, Caprimulgidae; swifts, Apodidae; hummingbirds, HB5309 Enrolled - 3 - LRB104 17098 BDA 30517 b 1 Trochilidae, Kingfishers, Alcedinidae; woodpeckers, flickers, 2 and sapsuckers, Picidae; kingbirds, pewees, phoebes, and 3 flycatchers, Tyrannidae shrikes, Laniidae; vireos, Vireonidae; 4 magpies, ravens, and jays, Corvidae; larks, Alaudidae; 5 swallows and martins, Hirundinidae; chickadees and titmice, 6 Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens, 7 Troglodytidae; kinglets, Regulidae; gnatcatchers, Sylviidae; 8 robins, bluebirds, solitaires, veerys, and thrushes, Turdidae; 9 mockingbirds, catbirds, and thrashers, Mimidae; pipits, 10 Motacillidae; waxwings, Bombycillidae; warblers, parulas, 11 redstarts, ovenbirds, waterthrushes, yellowthroats, and chats, 12 Parulidae; tanagers, Thraupidae; towhees, longspurs, sparrows, 13 buntings, and juncos, Emberizidae; dickcissels, cardinals, 14 buntings, and grosbeaks, Cardinalidae; blackbirds, 15 meadowlarks, bobolinks, grackles, cowbirds, and orioles, 16 Icteridae; grosbeaks, finches, crossbills, redpolls, and 17 siskins, Fringillidae. GAME MAMMALS-Woodchuck, Marmota monax; 18 Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus 19 niger; Eastern cottontail, Sylvilagus floridanus; Swamp 20 rabbit, Sylvilagus aquaticus; White-tailed deer, Odocoileus 21 virginianus. FUR-BEARING MAMMALS-Muskrat, Ondatra zibethicus; 22 Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum, 23 Didelphis virginiana; Least weasel, Mustela nivalis; 24 Long-tailed weasel, Mustela frenata; Mink, Mustela vison; 25 River otter, Lontra canadensis; Striped skunk, Mephitis 26 mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray HB5309 Enrolled - 4 - LRB104 17098 BDA 30517 b 1 fox, Urocyon cinereoargenteus; Coyote, Canis latrans; Bobcat, 2 Lynx rufus. OTHER MAMMALS-Flying squirrel, Glaucomys volans; 3 Red squirrel, Tamiasciurus hudsonicus; Eastern Woodrat, 4 Neotoma floridana; Golden Mouse, Ochrotomys nuttalli; Rice 5 Rat, Oryzomys palustris; Franklin's Ground Squirrel, 6 Spermophilus franklinii; Bats, Vespertilionidae; Gray wolf, 7 Canis lupus; American black bear, Ursus americanus; Cougar, 8 Puma concolor. 9 It shall be unlawful for any person at any time to take, 10 possess, sell, or offer for sale, propagate, or release into 11 the wild, any of these wild birds (dead or alive) and parts of 12 wild birds (including, but not limited to, their nests and 13 eggs), wild mammals (dead or alive) and parts of wild mammals, 14 including their green hides contrary to the provisions of this 15 Act. However, nothing in this Act shall prohibit bona-fide 16 public or state scientific, educational or zoological 17 institutions from receiving, holding, and displaying protected 18 species that were salvaged or legally obtained. 19 It shall be unlawful for any person to take any other 20 living wildlife animal not covered by this Act without the 21 permission of the landowner or tenant. 22 (Source: P.A. 103-23, eff. 1-1-24 .) 23 Section 99. Effective date. This Act takes effect January 24 1, 2028.
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