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Public Act 096-1226 |
HB4721 Enrolled | LRB096 15792 JDS 31032 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 Fish and Aquatic Life Code is amended by |
changing Section 20-15 as follows: |
(515 ILCS 5/20-15) (from Ch. 56, par. 20-15) |
Sec. 20-15. Owners fishing own land; exemption. The owners |
or bona fide
tenants of lands, actually residing on the lands |
and their children,
parents, brothers, and sisters actually |
permanently residing with them have
the right to take with a |
sport fishing device fish of the
kind permitted to be
taken or |
caught under this Code from waters lying upon or flowing over |
the
lands without procuring licenses to do so. This exemption |
does not apply to
club lakes, organizational lakes, or lake |
developments. Any individual on
active duty with the armed |
forces of the United States who is now and was
at the time of |
entering the Armed Forces a resident of Illinois, who
entered |
the Armed Forces from this State, and who is presently on |
ordinary
or emergency leave from the Armed Forces has the right |
to catch or take with a sport
fishing device fish permitted to |
be taken or caught by this Code without procuring a
license. |
Any individual exempt from licensure under this Section has |
only
the authority and privileges in taking fish as are |
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provided by this Code.
Fishing by an exempt individual may be |
done only during seasons when
it is lawful. |
(Source: P.A. 89-66, eff. 1-1-96.) |
Section 10. The Wildlife Code is amended by changing |
Section 3.1 as follows: |
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1) |
Sec. 3.1. License and stamps required. |
(a) Before any person shall take or attempt to take any of |
the species
protected by Section 2.2 for which an open season |
is established under this
Act, he shall first have procured and |
possess a valid hunting license, except as provided in Section |
3.1-5 of this Code. |
Before any person 16 years of age or older shall take or
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attempt to take any bird of the species defined as migratory |
waterfowl by
Section 2.2, including coots, he shall first have |
procured a State
Migratory Waterfowl Stamp. |
Before any person 16 years of age or older takes, attempts |
to take, or
pursues any species of wildlife protected by this |
Code, except migratory
waterfowl, coots, and hand-reared birds |
on licensed game breeding and hunting
preserve areas and state |
controlled pheasant hunting areas, he or she shall
first obtain |
a State Habitat Stamp. Disabled veterans and former prisoners |
of
war shall not be required to obtain State Habitat Stamps. |
Any person who
obtained a lifetime license before January 1, |
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1993, shall not be required to
obtain State Habitat Stamps. |
Income from the sale of State Furbearer Stamps and
State |
Pheasant Stamps received after the effective date of this |
amendatory Act
of 1992 shall be deposited into the State |
Furbearer Fund and State Pheasant
Fund, respectively. |
Before any person 16 years of age or older shall take, |
attempt to
take, or sell the green hide of any mammal of the |
species defined as
fur-bearing mammals by Section 2.2 for which |
an open season is established
under this Act, he shall first |
have procured a State Habitat Stamp. |
(b) Before any person who is a non-resident of the State of |
Illinois
shall take or attempt to take any of the species |
protected by Section
2.2
for which an open season is |
established under this Act, he shall,
unless specifically |
exempted by law, first procure a non-resident
license as |
provided by this Act for the taking of any wild game. |
Before a nonresident shall take or attempt to take |
white-tailed deer,
he shall first have procured a Deer Hunting |
Permit as defined in Section
2.26 of this Code. |
Before a nonresident shall take or attempt to take wild |
turkeys, he
shall have procured a Wild Turkey Hunting Permit as |
defined in Section 2.11
of this Code. |
(c) The owners residing on, or bona fide tenants of, farm |
lands and their
children, parents, brothers, and sisters |
actually permanently residing on
their lands shall have the |
right to hunt any of the species protected by
Section 2.2 upon |
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their lands and waters without procuring hunting licenses;
but |
the hunting shall be done only during periods of time and with |
devices
and by methods as are permitted by this Act. Any person |
on active duty
with the Armed Forces of the United States who |
is now and who was at the
time of entering the Armed Forces a |
resident of Illinois and who entered
the Armed Forces from this |
State, and who is presently on ordinary or emergency leave
from |
the Armed Forces, and any resident of Illinois who is disabled |
may hunt
any of the species protected by Section 2.2 without |
procuring a hunting
license, but the hunting shall be done only |
during such periods of time and
with devices and by methods as |
are permitted by this Act. For the purpose of
this Section a |
person is disabled when that person has a Type 1 or Type 4,
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Class 2 disability as defined in Section 4A of the Illinois |
Identification Card
Act. For purposes of this Section, an |
Illinois Disabled Person Identification
Card issued pursuant |
to the Illinois Identification Card Act indicating that
the |
person named has a Type 1 or Type 4, Class 2 disability shall |
be adequate
documentation of the disability. |
(d) A courtesy non-resident license, permit, or stamp for |
taking game
may be issued at the
discretion of the Director, |
without fee, to any person officially employed
in the game and |
fish or conservation department of another state or of the
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United States who is within the State to assist or consult or |
cooperate
with the Director; or to the officials of other |
states, the United States,
foreign countries, or officers or |
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representatives of conservation
organizations or publications |
while in the State as guests of the Governor
or Director. The |
Director may provide to nonresident participants and
official |
gunners at field trials an exemption from licensure while
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participating in a field trial. |
(e) State Migratory Waterfowl Stamps shall be required for |
those persons
qualifying under subsections (c) and (d) who |
intend to hunt migratory
waterfowl, including coots, to the |
extent that hunting licenses of the
various types are |
authorized and required by this Section for those persons. |
(f) Registration in the U.S. Fish and Wildlife Migratory |
Bird Harvest
Information Program shall be required for those |
persons who are required to
have a hunting license before |
taking
or attempting to take any bird of the species defined as |
migratory game birds
by Section 2.2, except that this |
subsection shall not apply to crows in this
State
or |
hand-reared birds on licensed game breeding and hunting |
preserve areas, for
which an open season is established by this |
Act. Persons registering with the
Program must carry proof of |
registration with them while migratory bird
hunting. |
The Department shall publish suitable prescribed |
regulations pertaining to
registration by the migratory bird |
hunter in the U.S. Fish and Wildlife Service
Migratory Bird |
Harvest Information Program. |
(Source: P.A. 94-1024, eff. 7-14-06.)
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