Section 590.10  Statewide Regulations

a)         Pursuant to Section 2.18 of the Wildlife Code [520 ILCS 5/2.18], it shall be unlawful to take, possess, transport, or use migratory waterfowl except during such period of time and in such manner and numbers as may be provided in the Federal Migratory Bird Treaty Act (16 USC 703-711), the Migratory Bird Hunting Stamp Act (16 USC 1718 et seq.), and annual Rules and Regulations for Migratory Bird Hunting (50 CFR 20 (August 31, 2006) and 21 (September 22, 2006) (collectively referred to in this Part as federal regulations) (no incorporation in this Part includes later amendments or editions), or contrary to any State regulations made in the Wildlife Code.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

b)         The regulations in Section 2.33 of the Wildlife Code on illegal devices shall apply to this Part, unless federal regulations are more restrictive.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.33), except that violation of Section 2.33(g), (i), (o), (p), (y) and (cc) are Class A misdemeanors with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties.

c)         Duck, goose and coot regulations are in accordance with Federal Regulations (50 CFR 20) unless the regulations in this Part are more restrictive.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

d)         It shall be unlawful while attempting to take migratory waterfowl or coots to have in possession any shotgun shells not approved as non-toxic by federal regulations.  Violation is a petty offense (see 520 ILCS 5/2.18-1).

e)         It shall be unlawful to possess any shotgun shell loaded with a shot size larger than number T steel or number BBB of any other non-toxic shot when attempting to take waterfowl.  Violation is a Class B misdemeanor (see 520 ILCS 5/2.18).

f)          Hunting Canada Geese after the season is closed is a Class B misdemeanor (see 520 ILCS 5/2.18).  Possession of freshly killed wild geese during the closed season is a Class A misdemeanor (see 520 ILCS 5/2.33(cc)).

g)         Closed Areas

Closed areas, including waterfowl refuges and rest areas, may be designated at certain sites in accordance with 17 Ill. Adm. Code 510.  Boundaries of these closed areas will be posted.  Violation is a petty offense (see 520 ILCS 5/2.20).

h)         Commercial Migratory Waterfowl Hunting Area Permits

1)         The holder of a permit shall forward information on harvest and hunters to the Department on forms furnished by the Department, at times required by the Department.  The Department shall give the permit holder reasonable written notice of the dates reports are required.  Permit holders are required to retain a copy of their harvest records for at least 2 years after expiration of their permit.  Failure to timely supply such reports will make the permit holder subject to revocation of his permit and suspension of the privilege to hold the permit for up to 5 years.  Violation is a petty offense (see 520 ILCS 5/3.6).

2)         On any property where the principal waterfowl harvest is wild geese, it is the permit holder's duty to ensure that no more than 5 persons occupy or attempt to take wild geese from any blind or pit at the same time during the Canada goose season.  Violation is a petty offense (see 520 ILCS 5/3.8).

i)          No person during the open season shall take or attempt to take wild geese prior to ½ hour before sunrise nor after sunset.  During special light goose seasons as indicated in subsection (n), statewide hunting hours shall be ½ hour before sunrise to ½ hour after sunset daily.  Hunting prior to ½ hour before sunrise during the open season is a Class A misdemeanor (see 520 ILCS 2.33(y)).  Hunting after ½ hour after sunset is a Class A misdemeanor (see 520 ILCS 2.33(y)).  Hunting after closing hours is a Class B misdemeanor (see 520 ILCS 5/2.18).

j)          Registration in the U.S. Fish and Wildlife Service Migratory Bird Harvest Information Program (HIP) is required for those persons who are required to have a hunting license before taking or attempting to take ducks, geese or coots.  Instructions for registering are provided with issuance of hunting license.  Violation is a petty offense (see 520 ILCS 5/3.1(f)).

k)         If 50 CFR 20 or 21 allows light goose seasons to be liberalized, snow geese, blue geese and Ross' geese may be taken in accordance with federal regulations regarding hunting hours, method of taking and bag limits through March 31.

(Source:  Amended at 32 Ill. Reg. 14761, effective August 27, 2008)