TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.10 DEFINITIONS
Section 640.10 Definitions
Class A Permit – permit required
for deer and turkey outfitters.
Class B Permit – permit required
for waterfowl outfitters.
Client – an
individual who provides, or who has provided on his or her behalf, financial or
other consideration to an outfitter in exchange for outfitting services.
Department − the Illinois Department of Natural Resources (IDNR).
Guide – an individual providing guide services to clients of an
outfitter.
Guide Services
− any of the following: providing advice to the hunter while hunting
about how and/or where to conduct his/her hunt, setting decoys, calling,
stalking, pursuing, tracking, retrieving game, field dressing, caring for meat,
field preparation of trophies including skinning or capeing, carriage of
hunters in the field, carriage of hunter's equipment in the field or carriage
of waterfowl, deer or turkey harvested by hunters.
Harvest
Information Program or HIP – an annual registration mandated for gamebird
hunters by the National Migratory Bird Harvest Program to compile annual
wildlife estimates for waterfowl, doves and other migratory game birds.
Outfitter – a
person (as defined in the Wildlife Code [520 ILCS 5/1.2l]), including an
officer or employee of a person, who provides or offers to provide outfitting
services for waterfowl, deer or wild turkey hunting.
Outfitting
Services – any service that, for financial or other consideration, offers or
promises waterfowl, deer and/or wild turkey hunting access, assistance,
guidance or opportunity on private or leased lands by way of one or more of the
following:
guides, guide
services, or bringing or retrieving equipment, stands, blinds, decoys or a
client to or from the field; or
access to
property that the person providing access leases or rents for waterfowl, deer
and/or wild turkey hunting; or
access to
property subleased, at least in part, for waterfowl, deer or wild turkey
hunting.
The following
are not considered outfitting services for the purposes of this Part:
a hunting
lease granted by a landowner to a hunter or group of hunters;
providing
transportation to or from a place of accommodation or a hub of public transportation;
for the
purpose of waterfowl hunting, landowners or waterfowl hunting clubs or
organizations that:
do not take
compensation or fees other than annual membership and annual maintenance fees;
do not accept
paying hunters on a day-to-day basis and are otherwise closed to the public; or
provide only
waterfowl blinds or pits.
Resident
Corporation – for the purpose of outfitter permitting, a resident corporation is
an Illinois corporation that has been in existence for at least 30 days prior
to submitting an application for an outfitter permit, and in which more than
50% of the stock is owned by Illinois resident individuals.
Resident
Limited Liability Company – for the purpose of outfitter permitting, a resident
limited liability company (LLC) is an Illinois LLC that has been in existence
at least 30 days prior to submitting an application for an outfitter permit and
in which more than 50% of the value of all units is held by Illinois resident
individuals.
Waterfowl
Blind or Pit – an area of concealment that is used to hide hunters from the
sight of waterfowl.
(Source:
Amended at 42 Ill. Reg. 6414, effective March 21, 2018)
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.20 MINIMUM STANDARDS
Section 640.20 Minimum
Standards
a) An
outfitter shall:
1) have a current valid Illinois outfitter permit;
2) be at least 21 years of age; if the outfitter permit is held
by a business entity, then a responsible individual who is an officer in the
business entity must be designated on the application as the contact person;
3) not have had his or her hunting privileges under the Wildlife
Code suspended, or any of his or her hunting licenses revoked, within any
period during the last 5 years. If the outfitter is a business entity, no
officer, employee or contact person shall have had hunting privileges or licenses
suspended or revoked within any period during the past 5 years;
4) provide to each client, prior to commencement of outfitting
services, in writing, the following: the type of service provided, the dates
of service, the cost of services, and a copy of the outfitter's refund policy;
5) be responsible for ensuring each client has the necessary
permits, stamps, Harvest Information Program (HIP) registration and licenses
prior to any hunting;
6) indicate clearly to each client the boundaries of the property
on which the client is to hunt and instruct each client as to how to conduct
the hunt (i.e., special rules, restricted areas, etc.);
7) make no guarantees, either oral or written, as to the success
of the hunt;
8) not misrepresent his or her facilities, prices, equipment,
services or hunting opportunities;
9) not take or attempt to take any wildlife on behalf of the
client;
10) for Class A Permit: maintain a current log of all individuals
who hunt on the property controlled under the outfitter permit, including the following:
name, dates they hunted, Department customer identification number, permit
number and harvest information (including the species, harvest confirmation
numbers and sex of the harvested animal). This log must be submitted to the
Department within 30 days after the close of the seasons in which the Class A
outfitter is operating. A copy must also be maintained by the outfitter for 5
years;
11) for
Class B Permits: maintain a current log of all individuals who hunt on the
property controlled under the outfitter permit, including the following: name,
dates hunted, Department customer identification number and harvest information
(including the species and sex of the harvested animal). This log must be
submitted to the Department within 30 days after the close of the latest
waterfowl seasons in which the Class B outfitter is operating. A copy must
also be maintained by the outfitter for 5 years;
12) if
the permit holder performs guide services in addition to outfitting services,
comply with the requirements of subsection (b);
13) comply
with all obligations under this Part. Failure to comply may be used as the
basis for denial of any future outfitter permit. Failure to comply may also
result in revocation of a permit or suspension of privileges in accordance with
Section 640.80 and 17 Ill. Adm. Code 2530.
b) A
guide shall:
1) not have had his or her hunting license revoked or hunting
privileges suspended under the Wildlife Code for any period of time during the
past 5 years;
2) unless exempt by law, have a current Illinois hunting license
and habitat stamp (Class A Permit only) or a current hunting license, State and
federal waterfowl stamp, and HIP registration (Class B Permit only);
3) have proof of successful completion of a State-approved
hunter-safety course;
4) comply with, and ensure that all clients comply with, all
State and federal wildlife and weapons laws and regulations; and
5) not take or attempt to take any wildlife on behalf of the
client.
(Source: Amended at 42 Ill.
Reg. 6414, effective March 21, 2018)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.30 APPLICATION REQUIREMENTS
Section 640.30 Application
Requirements
In order to obtain a permit to
operate as an outfitter, the applicant must submit to the Department of Natural
Resources, Outfitter Services, One Natural Resources Way, Springfield IL
62702-1271, an application containing the following information:
a) The name, address, date of birth, phone number and Social
Security Number of the applicant, if an individual; or if a business entity,
the company, corporation, limited liability company or partnership name, along
with a copy of the organization papers filed with the Secretary of State and/or
the certification of compliance with the Assumed Business Name Act from the
County Clerk, and the name, address, date of birth, phone number and Social
Security Number of the contact person, with a certification the applicant is an
Illinois resident or a non-resident of Illinois.
b) A listing of the county, township, range, section, acres and
landowner name of the property where the outfitting services will be provided.
c) A description of hunting activities proposed for the current
year, including the approximate number of hunters, type of hunting to occur
(waterfowl, deer or turkey hunting), and the type of hunting devices to be
used.
d) Class A outfitters must provide a management plan for each
species (deer or turkey) to be hunted by providing complete and accurate
information as requested on the standardized form provided by the Department.
e) Proof of current commercial liability insurance for property
damage, personal injury and death with a minimum benefit of $1,000,000.
f) A list of any guides to be employed, and any guides who quit
or whose employment was terminated, with the name, address, date of birth, and
Social Security Number of each guide. This list may be modified at any time by
providing the change in writing to the Office of Law Enforcement, IDNR, One
Natural Resources Way, Springfield IL 67202-1271.
(Source: Amended at 42 Ill. Reg. 6414, effective March 21, 2018)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.40 PERMIT FEES
Section 640.40 Permit Fees
The annual fees for an outfitter
permit shall be:
a) Class
A Permit
1) $500 for a resident.
2) $2,500 for a non-resident.
b) Class B Permit
1) $250
for a resident.
2) $1,500
for a non-resident.
(Source: Amended at 39 Ill.
Reg. 9373, effective June 26, 2015)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.50 ACCEPTANCE OR REJECTION OF APPLICATIONS
Section 640.50 Acceptance or
Rejection of Applications
a) Incomplete or inadequate applications shall be returned to the
applicant with a summary of deficiencies.
b) Incomplete or inadequate applications may be completed and
re-submitted within 15 days, or until the end of the application period,
whichever is longer.
c) Applications for permits will be accepted January 31 through
July 15 of each year, inclusive. Addendums adding acreage may be added to the
outfitter's permit by notifying the Department within 24 hours after gaining
legal access to the property. Addendums shall include the information required
under Section 640.30(b). Acceptable methods of notification to the Department
will be email, fax or online. Addendums for properties obtained and utilized
only during the emergency light goose season shall be exempt from reporting as
required in this Section.
d) Full applications shall be required every 5 years. The annual
renewal shall require:
1) payment
of the fee required by Section 640.40;
2) proof
of insurance;
3) a new complete property listing as required by Section
640.30(b); and
4) regardless of whether the hunter was a paying client or a free
hunter, a report of harvest that provides:
A) the number of hunter days; and
B) the total number taken of:
i) male
and female deer (Class A);
ii) male
and female turkey (Class A); and
iii) waterfowl, with a separate listing for ducks and geese (Class
B).
(Source: Amended at 42 Ill.
Reg. 6414, effective March 21, 2018)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.60 TERM OF PERMIT
Section 640.60 Term of
Permit
a) The
permit shall be for one year from July 1 to June 30.
b) Applications and renewals are due at the Department by July 15
of each year. Applications or renewals received after July 15 cannot be
guaranteed to be processed and a permit issued by September 1.
(Source: Amended at 39 Ill. Reg. 9373, effective June 26, 2015)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.70 VIOLATIONS
Section 640.70 Violations
a) It
shall be unlawful for an outfitter to:
1) employ any person as a guide or facilitator whose hunting
license is revoked or whose privileges to hunt in Illinois are suspended, or
who does not meet guide requirements (see Section 640.20(b));
2) fail to provide to the Department documentation of change of
ownership, transfer of corporate shares or transfer of a limited liability
company's membership within 45 days after the date of change;
3) advertise or provide outfitting services at a time the
outfitter does not hold a current valid outfitter permit;
4) provide outfitting services on lands not included in the
permit application;
5) knowingly allow or cause a client or guide to violate any
provisions of the Wildlife Code or related administrative rules or federal
regulations;
6) advertise that outfitting services are provided on specific
land unless that land is included in the permit;
7) advertise in an intentionally false or misleading manner;
8) fail to allow inspection of required records by an authorized
employee of the Department, or by an authorized State or federal law
enforcement officer, during reasonable business hours;
9) fail to maintain records or to submit reports, as required by
this Part;
10) provide
outfitting services at any time when the commercial liability insurance
required by Section 640.30(e) is not in full force and effect.
b) It
shall be unlawful for a person to represent himself or herself as, or perform
work as, an outfitter or guide unless that person meets the minimum standards
provided in Section 640.20.
(Source: Amended at 39 Ill. Reg.
9373, effective June 26, 2015)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 640
OUTFITTER REGULATIONS
SECTION 640.80 PENALTY
Section 640.80 Penalty
a) Any
person who violates any provision of this Part shall be guilty of a Class B
misdemeanor, which may result in the revocation of a permit or suspension of
permit privileges for a period of up to 5 years (see 520 ILCS 5/3.1-3 and 17
Ill. Adm. Code 2530).
b) Any
person found guilty of operating as an outfitter without an outfitter's permit,
or of failure to pay the appropriate permit fees, shall, in addition to any
criminal penalties, be assessed a civil penalty of three times the amount that
should have been paid. This penalty is payable to the Department's
Conservation Police Operations Assistance Fund.
c) The
Department shall not issue an outfitter permit to:
1) any
person who has not successfully paid the permit fee required by Section 640.40;
2) any
person who has been subjected to criminal or civil penalties, until the penalty
is paid in full; and
3) any
organization or business entity of which a person described in subsection
(c)(1) or (c)(2) is an officer, agent or employee.
(Source: Amended at 42 Ill. Reg. 6414,
effective March 21, 2018)
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