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Public Act 103-0037
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| HB2461 Enrolled | LRB103 25474 RLC 51823 b |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing |
Sections 2.33a, 2.36, 2.37, and 3.5 as follows:
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(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
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Sec. 2.33a. Trapping. |
(a) It is unlawful to fail to visit and remove all animals
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from traps staked out, set, used, tended, placed or maintained |
at least
once each calendar day.
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(b) It is unlawful for any person to place, set, use, or |
maintain a
leghold trap or one of similar construction on |
land, that has a jaw spread
of larger than 6 1/2 inches (16.6 |
CM), or a body-gripping trap or one of
similar construction |
having a jaw spread larger than 7 inches (17.8 CM) on
a side if |
square and 8 inches (20.4 CM) if round.
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(c) It is unlawful for any person to place, set, use, or |
maintain a
leghold trap or one of similar construction in |
water, that has a jaw spread
of larger than 7 1/2 inches (19.1 |
CM), or a body-gripping trap or one of
similar construction |
having a jaw spread larger than 10 inches (25.4 CM) on
a side |
if square and 12 inches (30.5 CM) if round.
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(d) It is unlawful to use any trap with saw-toothed, |
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spiked, or toothed jaws.
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(e) It is unlawful to destroy, disturb or in any manner |
interfere with
dams, lodges, burrows or feed beds of beaver |
while trapping for beaver or
to set a trap inside a muskrat |
house or beaver lodge, except that this shall
not apply to |
individuals who Drainage Districts that are acting pursuant to |
the provisions
of Section 2.37 or as provided for by |
administrative rule.
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(f) It is unlawful to trap beaver or river otter with: (1) |
a leghold trap or one of similar
construction having a jaw |
spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 |
inches (19.1 CM), or (2) a body-gripping trap or one of
similar |
construction having a jaw spread of less than 7 inches (17.7 |
CM) or
more than 10 inches (25.4 CM) on a side if square and 12 |
inches (30.5 CM) if
round, except that these restrictions |
shall not apply during
the open season for trapping raccoons.
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(g) It is unlawful to set traps closer than 10 feet (3.05 |
M) from any
hole or den which may be occupied by a game mammal |
or fur-bearing mammal
except that this restriction shall not |
apply to water sets.
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(h) It is unlawful to trap or attempt to trap any |
fur-bearing mammal
with any colony, cage, box, or stove-pipe |
trap designed to take more than one
mammal at a single setting.
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(i) It is unlawful for any person to set or place any trap |
designed to
take any fur-bearing mammal protected by this Act |
during the closed
trapping season. Proof that any trap was |
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placed during the closed trapping
season shall be deemed prima |
facie evidence of a violation of this provision.
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(j) It is unlawful to place, set, or maintain any leghold |
trap or one of
similar construction within thirty (30) feet |
(9.14 m) of bait placed in
such a manner or position that it is |
not completely covered and concealed
from sight, except that |
this shall not apply to underwater sets. Bait shall
mean and |
include any bait composed of mammal, bird, or fish flesh, fur,
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hide, entrails or feathers.
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(k) (Blank).
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(l) It is unlawful for any person to place, set, use or |
maintain a
snare trap or one of similar construction in water, |
that has a loop
diameter exceeding 15 inches (38.1 CM) or a |
cable or wire diameter of more
than 1/8 inch (3.2 MM) or less |
than 5/64 inch (2.0 MM), that is constructed
of stainless |
steel metal cable or wire, and that does not have a mechanical
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lock, anchor swivel and stop device to prevent the mechanical |
lock from
closing the noose loop to a diameter of less than 2 |
1/2 inches (6.4 CM).
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(m) It is unlawful to trap muskrat or mink with (1) a |
leghold trap or one of similar construction or (2) a |
body-gripping trap or one of similar construction unless the |
body-gripping trap or similar trap is completely submerged |
underwater when set. These restrictions shall not apply during |
the open season for trapping raccoons. |
(Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.)
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(520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
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Sec. 2.36. It shall be unlawful to buy, sell or barter, or |
offer to buy,
sell or
barter, and for a commercial |
institution, other than a regularly
operated refrigerated |
storage establishment, to have in its possession
any of the |
wild birds, or any part thereof (and their eggs), or wild
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mammals or any parts thereof, protected by this Act unless
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done as hereinafter provided:
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Game birds or any parts thereof (and their eggs), may be |
held,
possessed, raised and sold, or otherwise dealt with, as |
provided in
Section 3.23 of this Act or when legally produced |
under similar special
permit in another state or country and |
legally transported into the
State of Illinois; provided that |
such imported game birds or any parts
thereof, shall be marked |
with permanent irremovable tags, or similar
devices, to |
establish and retain their origin and identity;
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Rabbits may be legally taken and possessed as provided in |
Sections
3.23, 3.24, and 3.26 of this Act;
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Deer, or any parts thereof, may be held, possessed, sold |
or otherwise
dealt with as provided in this Section and |
Sections 3.23 and 3.24 of this Act;
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If a properly tagged deer is processed at a licensed meat |
processing facility, the meat processor at the facility is an |
active member of the Illinois Sportsmen Against Hunger |
program, and the owner of the deer (i) fails to claim the |
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processed deer within a reasonable time or (ii) notifies the |
licensed meat processing facility that the owner no longer |
wants the processed deer, then the deer meat may be given away |
by the licensed meat processor to another person or donated to |
any other charitable organization or community food bank that |
receives wild game meat. The licensed meat processing facility |
may charge the person receiving the deer meat a reasonable and |
customary processing fee; |
Meat processors who are active members of the Illinois |
Sportsmen Against Hunger program shall keep written records of |
all deer received. Records shall include the following |
information: |
(1) the date the deer was received; |
(2) the name, address, and telephone number of the
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person from whom the deer was received; |
(3) whether the deer was received as a whole carcass
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or as deboned meat; if the deer was brought to the
meat |
processor as deboned meat, the processor shall include the |
weight of the meat; |
(4) the number and state of issuance of the permit of
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the person from whom the deer was received; in
the absence |
of a permit number, the meat processor
may rely on the |
written certification of the
person from whom the deer was |
received that the
deer was legally taken or obtained; and |
(5) if the person who originally delivered the deer to
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the meat processor fails to collect or make
arrangements |
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for the packaged deer meat to be
collected and the meat |
processor gives all or part
of the unclaimed deer meat to |
another person, the
meat processor shall maintain a record |
of the exchange;
the meat processor's records shall |
include the
customer's name, physical address, telephone
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number, as well as the quantity and type of deer
meat given |
to the customer. The meat processor
shall also include the |
amount of compensation
received for the deer meat in his |
or her records. |
Meat processor records for unclaimed deer meat shall be |
open for inspection by any peace officer at any reasonable |
hour. Meat processors shall maintain records for a period of 2 |
years after the date of receipt of the wild game or for as long |
as the specimen or meat remains in the meat processors |
possession, whichever is longer; |
No meat processor shall have in his or her possession any |
deer that is not listed in his or her written records and |
properly tagged or labeled; |
All licensed meat processors who ship any deer or parts of |
deer that have been held, possessed, or otherwise dealt with |
shall tag or label the shipment, and the tag or label shall |
state the name of the meat processor; |
Nothing in this Section removes meat processors from |
responsibility for the observance of any State or federal |
laws, rules, or regulations that may apply to the meat |
processing business; |
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Fur-bearing mammals, or any parts thereof, may be held, |
possessed,
sold or otherwise dealt with as provided in |
Sections 3.16, 3.24, and 3.26 of
this Act or when legally taken |
and possessed in Illinois or
legally taken and possessed in |
and transported from other
states or countries;
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It is unlawful for any person to act as a nuisance wildlife |
control operator for fee or compensation without a permit as |
provided in subsection subsection (b) of Section 2.37 of this |
Act unless such trapping is in
compliance with Section 2.30. |
The inedible parts of game mammals may be held, possessed, |
sold or
otherwise dealt with when legally taken, in Illinois |
or legally taken and
possessed in and transported
from other |
states or countries.
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Failure to establish proof of the legality of possession |
in another
state or country and importation into the State of |
Illinois, shall be
prima facie evidence that such game birds |
or any parts thereof, and
their eggs, game mammals and |
fur-bearing mammals, or any parts thereof,
were taken within |
the State of Illinois.
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(Source: P.A. 97-567, eff. 8-25-11.)
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(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
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Sec. 2.37. Authority to kill wildlife responsible for |
damage. |
(a) Subject to
federal regulations and Section 3 of the |
Illinois Endangered Species Act, the Department may authorize |
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owners
and
tenants of lands or their agents, who are |
performing the service without fee or compensation, to remove |
or destroy any wild bird
or wild mammal when the wild bird or
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wild mammal
is known to be destroying property or causing a |
risk to human health or
safety upon his or her land.
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Upon receipt by the Department of information from the |
owner, tenant,
or sharecropper that any one or more species of |
wildlife is damaging dams, levees, ditches, cattle pastures, |
or other
property on the land on which he resides or controls, |
together with a
statement regarding location of the property |
damages, the nature and
extent of the damage, and the |
particular species of wildlife committing
the damage, the |
Department shall make an investigation.
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If, after investigation, the Department finds
that damage |
does exist and
can be abated only by removing or destroying
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that wildlife, a permit shall be
issued by the Department to |
remove or destroy the species responsible for causing
the |
damage.
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A permit to control
the damage shall be for a period of up |
to 90 days,
shall specify the means and methods by which and |
the person or persons
by whom the wildlife may be removed or |
destroyed, without fee or compensation, and shall set forth |
the
disposition procedure to be made of all wildlife taken and |
other
restrictions the Director
considers necessary and |
appropriate in the
circumstances of the particular case. |
Whenever possible, the specimens
destroyed shall be given to a |
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bona-fide public or State scientific,
educational, or |
zoological institution.
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The permittee shall advise the
Department in writing, |
within 10 days after the expiration date of
the permit, of the |
number of individual species of wildlife
taken, disposition |
made of them, and any other information which
the Department |
may consider necessary.
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(b) Subject to federal regulations and Section 3 of the |
Illinois Endangered
Species Act, the Department may grant the |
authority to control species protected by this Code pursuant |
to the issuance of a Nuisance Wildlife Control Permit to: |
(1) any person who is providing such service for a fee |
or compensation; an individual,
corporation,
association |
or |
(2) a governmental body; or |
(3) a nonprofit or other charitable organization the |
authority
to control species protected by this Code |
pursuant to the issuance of a Nuisance Wildlife Control |
Permit. |
The Department
shall set forth applicable regulations
in |
an Administrative Order and may require periodic reports |
listing species
taken, numbers of each species taken, dates |
when taken, and other pertinent
information.
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Any person operating under a Nuisance Wildlife Control |
Permit who subcontracts the operation of nuisance wildlife |
control to another shall ensure that such subcontractor |
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possesses a valid Nuisance Wildlife Control Permit issued by |
the Department. The person must maintain a record of the |
subcontractor including the subcontractor's name, address, and |
phone number, and type of work to be performed, for a period of |
not less than 2 years from the date the subcontractor is no |
longer performing services on behalf of the person. The |
records shall be presented to an authorized employee of the |
Department or law enforcement officer upon request for |
inspection. |
Any person operating without the required permit as |
outlined under this subsection (b) or in violation of this |
subsection (b) is deemed to be taking, attempting to take, |
disturbing, or harassing wildlife contrary to the provisions |
of this Code, including the taking or attempting to take such |
species for commercial purposes as outlined in Sections 2.36 |
and 2.36a of this Code. Any devices and equipment, including |
vehicles, used in violation of this subsection (b) may be |
subject to the provisions of Section 1.25 of this Code. |
(c) Except when operating under subsection (b) of this |
Section, drainage districts Drainage Districts shall have the |
authority to control beaver provided
that they must notify the |
Department in writing that a problem exists and
of their |
intention to trap the animals at least 7 days before the |
trapping
begins. The district District must identify traps |
used in beaver control outside
the dates of the furbearer |
trapping season with metal tags with the district's
name |
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legibly inscribed upon them. During the fur trapping |
furtrapping season, traps
must be identified as prescribed by |
law. Conibear traps at least size 330
shall be used except |
during the statewide furbearer trapping season. During
that |
time trappers may use any device that is legal according to the |
Wildlife
Code. Except during the statewide furbearer trapping |
season, beaver traps
must be set in water at least 10 inches |
deep. Except during the statewide
furbearer trapping season, |
traps must be set within 10 feet of an inhabited
bank burrow or |
house and within 10 feet of a dam maintained by a beaver.
No |
beaver or other furbearer taken outside of the dates for the |
furbearer
trapping season may be sold. All animals must be |
given to the nearest
conservation officer or other Department |
of Natural Resources representative
within 48 hours
after they |
are caught unless otherwise instructed by the Department. |
Furbearers taken during the fur trapping season
may be sold |
provided that they are taken by persons who have valid |
trapping
licenses in their possession and are lawfully taken. |
The district District must
submit an annual report showing the |
species and numbers of animals caught.
The report must |
indicate all species which were taken. This authority only |
extends to control of beavers.
Any other protected species |
must be controlled pursuant to subsection (b) or (c).
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The location of traps or snares authorized under this |
Section, either by the Department or any other governmental |
body with the authority to control species protected by this |
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Code, shall be exempt from the provisions of the Freedom of |
Information Act. |
(Source: P.A. 102-524, eff. 8-20-21.)
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(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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Sec. 3.5. Penalties; probation.
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(a) Any person who violates any of the provisions of |
Section
2.36a,
including administrative rules, shall be guilty |
of a Class 3 felony, except
as otherwise provided in |
subsection (b) of this Section and subsection (a) of
Section |
2.36a.
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(b) Whenever any person who has not previously been |
convicted of, or
placed
on probation or court supervision for, |
any offense under Section 1.22,
2.36, or 2.36a operating |
without a permit as prescribed in subsection (b) of Section |
2.37 or subsection (i) or (cc) of Section
2.33, the court may, |
without entering a
judgment and with the person's consent, |
sentence the person to probation for a
violation of Section |
2.36a.
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(1) When a person is placed on probation, the court |
shall enter an order
specifying a period of probation of |
24 months and shall defer further
proceedings in
the case |
until the conclusion of the period or until the filing of a |
petition
alleging violation of a term or condition of |
probation.
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(2) The conditions of probation shall be that the |
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person:
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(A) Not violate
any criminal statute of any |
jurisdiction.
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(B) Perform no less than 30 hours of community |
service, provided
community
service is available in |
the jurisdiction and is funded and approved by the
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county board.
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(3) The court may, in addition to other conditions:
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(A) Require that the person make a report to and |
appear in person before
or participate with the
court |
or courts, person, or social service agency as |
directed by the
court in the order of probation.
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(B) Require that the person pay a fine and costs.
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(C) Require that the person refrain from |
possessing a firearm or other
dangerous weapon.
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(D) Prohibit the person from associating with any |
person who is actively
engaged in any of the |
activities regulated by the permits issued or |
privileges
granted by the Department of Natural |
Resources.
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(4) Upon violation of a term or condition of |
probation, the
court
may enter a judgment on its original |
finding of guilt and proceed as otherwise
provided.
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(5) Upon fulfillment of the terms and
conditions of |
probation, the court shall discharge the person and |
dismiss
the proceedings against the person.
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(6) A disposition of probation is considered to be a |
conviction
for the purposes of imposing the conditions of |
probation, for appeal, and for
administrative revocation |
and suspension of licenses and privileges;
however, |
discharge and dismissal under this Section is not a |
conviction for
purposes of disqualification or |
disabilities imposed by law upon conviction of
a crime.
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(7) Discharge and dismissal under this Section
may |
occur only once
with respect to any person.
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(8) If a person is convicted of an offense under this
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Act within 5 years
subsequent to a discharge and dismissal |
under this Section, the discharge and
dismissal under this |
Section shall be admissible in the sentencing proceeding
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for that conviction
as a factor in aggravation.
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(9) The Circuit Clerk shall notify the Illinois State |
Police of all
persons convicted of or placed under |
probation for violations of Section
2.36a.
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(c) Any person who violates any of the provisions of |
Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, |
2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), |
and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through 3.16, 3.19, |
3.20, 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), |
(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection |
(f)), including administrative
rules, shall be guilty of a |
Class B misdemeanor.
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A person who violates Section 2.33b by using any computer |
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software or service to remotely control a weapon that takes |
wildlife by remote operation is guilty of a Class B |
misdemeanor. A person who violates Section 2.33b by |
facilitating a violation of Section 2.33b, including an owner |
of land in which remote control hunting occurs, a computer |
programmer who designs a program or software to facilitate |
remote control hunting, or a person who provides weapons or |
equipment to facilitate remote control hunting, is guilty of a |
Class A misdemeanor. |
Any person who violates any of the
provisions of Sections |
1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative |
rules, shall be guilty of a
Class A misdemeanor. Any second or |
subsequent violations of Sections
2.4 and 2.36 shall be a |
Class 4 felony.
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Any person who violates any of the provisions of this Act, |
including
administrative rules, during such period when his |
license, privileges, or
permit is revoked or denied by virtue |
of Section 3.36, shall be guilty of a
Class A misdemeanor.
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Any person who violates subsection (g), (i), (o), (p), |
(y), or (cc)
of Section 2.33 shall be guilty of a Class A |
misdemeanor and subject to a
fine of no less than $500 and no |
more than $5,000 in addition to other
statutory penalties. In |
addition, the Department shall suspend the privileges, under |
this Act, of any person found guilty of violating Section |
2.33(cc) for a period of not less than one year.
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Any person who operates without a permit in violation |
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subsection (b) of Section 2.37 is guilty of a Class A |
misdemeanor and subject to a fine of not less than $500. Any |
other violation of subsection (b) of Section 2.37 including |
administrative rules is a Class B misdemeanor. |
Any person who violates any other of
the provisions of |
this Act
including administrative rules, unless otherwise |
stated, shall be
guilty of a petty offense. Offenses committed |
by minors under the
direct control or with the consent of a |
parent or guardian may subject
the parent or guardian to the |
penalties prescribed in this Section.
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In addition to any fines imposed pursuant to the |
provisions of this
Section or as otherwise provided in this |
Act, any person found guilty of
unlawfully taking or |
possessing any species protected by this Act, shall be
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assessed a civil penalty for such species in accordance with |
the values
prescribed in Section 2.36a of this Act. This civil |
penalty shall be
imposed by the Circuit Court for the county |
within which the offense was
committed at the time of the |
conviction. Any person found guilty of violating subsection |
(b) of Section 2.37 is subject to an additional civil penalty |
of up to $1,500. All penalties provided for in
this Section |
shall be remitted to the Department in accordance with the
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same provisions provided for in Section 1.18 of this Act, |
except that civil penalties collected for violation of |
Subsection (b) of Section 2.37 shall be remitted to the |
Department and allocated as follows: .
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