Public Act 097-0132
 
HB3019 EnrolledLRB097 06059 CEL 46132 b


  
    AN ACT concerning wildlife.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Wildlife Code is amended  by changing Section 
3.8 as follows:
 



    (520 ILCS 5/3.8)  (from Ch. 61, par. 3.8)



    Sec. 3.8. Migratory waterfowl areas; geese. 

    (a) On any property operated under a Migratory Waterfowl 
Hunting
Area Permit (Commercial) where the principal use is to 
take wild geese,
it is the permit holder's duty to ensure all 
of the following but only during
Canada goose season:


        (1) That no person takes wild geese except from a blind 
    or pit.


        (2) That no person establishes or uses any blind or pit 
    for the taking
of wild geese within 200 yards of any other 
    blind or pit or within 100
yards of the boundary of the 
    property on which the blind or pit is located.


        (3) That no person establishes or uses any blind or pit 
    for the taking
of wild geese within 200 yards of any 
    wildlife refuge boundary or public
road right-of-way 
    adjacent to any State or Federal waterfowl refuge.
If a 
    blind or pit has been established for more than 10 years 
    and it was
believed by both the landowner and the 
    Department during that time to meet
the minimum yardage 
    requirements of this paragraph (3), then the blind or pit

    may remain in place even though a survey or other evidence 
    may indicate
that the minimum yardage requirements are not 
    met.

    (b) On any property where the principal use is to take wild 
geese in
Alexander, Franklin, Jackson, Jefferson, Union and 
Williamson Counties,
other than property operated under a 
Migratory Waterfowl Hunting Area
Permit (Commercial), all of 
the following restrictions shall be observed but
only
during 
Canada goose season: 


        (1) No person may take wild geese except from a blind 
    or pit and it
shall be illegal to take or attempt to take 
    geese from the base of standing
timber except when 
    immediately adjacent to an open field.


        (2) No person may establish or use a blind or pit 
    within 100 yards of
the boundary of the property on which 
    the blind or pit is located unless
the minimum yardage 
    requirement cannot be met, in which case one pit or
blind 
    may be permitted only if there is a minimum of 200 yards 
    between that
pit or blind and the nearest pit or blind.


        (3) No person may establish or use a blind or pit for 
    the taking of wild
geese within 200 yards of any wildlife 
    refuge boundary or public road
right-of-way adjacent to any 
    State or Federal waterfowl refuge.
If a blind or pit has 
    been established for more than 10 years and it was
believed 
    by both the landowner and the Department during that time 
    to meet
the minimum yardage requirements of this paragraph 
    (3), then the blind or pit
may remain in place even though 
    a survey or other evidence may indicate
that the minimum 
    yardage requirements are not met.


        (4) No more than the number of persons allowed by

    administrative rule may occupy or attempt to take wild 
    geese
from any blind or pit at the same time.

    (c) On any property operated under a Migratory Waterfowl 
Hunting
Area Permit (Commercial) where the principal use is to 
take wild ducks,
it is the permit holder's duty to ensure that 
no person establishes or uses any blind or pit for the taking 
of wild ducks within 100 yards of the boundary of the property 
on which the blind or pit is located unless there is consent 
from the landowner of the adjacent property. 
    This subsection (c) shall only apply to property located in 
Alexander County, Union County, Williamson County, or Jackson 
County. 
(Source: P.A. 90-435, eff. 1-1-98; 91-582, eff. 8-14-99.)