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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing Section | ||||||||||||||||||||||||
5 | 2.26 as follows:
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6 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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7 | (Text of Section before amendment by P.A. 101-444 )
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8 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||||||||||||||||||||
9 | take deer shall first obtain a "Deer
Hunting Permit" issued by | ||||||||||||||||||||||||
10 | the Department in accordance with its administrative rules.
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11 | Those rules must provide for the issuance of the following | ||||||||||||||||||||||||
12 | types of resident deer archery permits: (i) a combination | ||||||||||||||||||||||||
13 | permit, consisting of one either-sex permit and one | ||||||||||||||||||||||||
14 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||||||||||||||||||||
15 | and (iii) a single either-sex permit. The fee for a Deer | ||||||||||||||||||||||||
16 | Hunting Permit to take deer with either bow and arrow or gun
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17 | shall not exceed $25.00 for residents of the State. The | ||||||||||||||||||||||||
18 | Department may by
administrative rule provide for non-resident | ||||||||||||||||||||||||
19 | deer hunting permits for which the
fee will not exceed $300 in | ||||||||||||||||||||||||
20 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||||||||||||||||||||
21 | provided below for non-resident landowners
and non-resident | ||||||||||||||||||||||||
22 | archery hunters. The Department may by
administrative rule | ||||||||||||||||||||||||
23 | provide for a non-resident archery deer permit consisting
of |
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1 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
2 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
3 | fees for a youth resident and non-resident archery deer permit | ||||||
4 | shall be the same.
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5 | The standards and specifications for use of guns and bow | ||||||
6 | and arrow for
deer hunting shall be established by | ||||||
7 | administrative rule.
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8 | No person may have in his or her possession any firearm not | ||||||
9 | authorized by
administrative rule for a specific hunting season | ||||||
10 | when taking deer.
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11 | Persons having a firearm deer hunting permit shall be | ||||||
12 | permitted to
take deer only during the period from 1/2 hour | ||||||
13 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
14 | days for which an open season is
established for the taking of | ||||||
15 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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16 | Persons having an archery deer hunting permit shall be | ||||||
17 | permitted to
take deer only during the period from 1/2 hour | ||||||
18 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
19 | days for which an open season is
established for the taking of | ||||||
20 | deer by use of bow and arrow.
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21 | It shall be unlawful for any person to take deer by use of | ||||||
22 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
23 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
24 | of this Section, "bait" means any material, whether liquid or | ||||||
25 | solid, including food, salt, minerals, and other products, | ||||||
26 | except pure water, that can be ingested, placed, or scattered |
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1 | in such a manner as to attract or lure white-tailed deer. | ||||||
2 | "Baiting" means the placement or scattering of bait to attract | ||||||
3 | deer. An area is considered as baited during the presence
of | ||||||
4 | and for 10 consecutive days following the removal of bait. | ||||||
5 | Nothing in this Section shall prohibit the use of a dog to | ||||||
6 | track wounded deer. Any person using a dog for tracking wounded | ||||||
7 | deer must maintain physical control of the dog at all times by | ||||||
8 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
9 | harness. Tracking wounded deer is permissible at night, but at | ||||||
10 | no time outside of legal deer hunting hours or seasons shall | ||||||
11 | any person handling or accompanying a dog being used for | ||||||
12 | tracking wounded deer be in possession of any firearm or | ||||||
13 | archery device. Persons tracking wounded deer with a dog during | ||||||
14 | the firearm deer seasons shall wear blaze orange or solid blaze | ||||||
15 | pink color as required. Dog handlers tracking wounded deer with | ||||||
16 | a dog are exempt from hunting license and deer permit | ||||||
17 | requirements so long as they are accompanied by the licensed | ||||||
18 | deer hunter who wounded the deer.
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19 | It shall be unlawful to possess or transport any wild deer | ||||||
20 | which has
been injured or killed in any manner upon a public | ||||||
21 | highway or public
right-of-way of this State unless exempted by | ||||||
22 | administrative rule.
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23 | Persons hunting deer must have gun unloaded and no bow and | ||||||
24 | arrow
device shall be carried with the arrow in the nocked | ||||||
25 | position during
hours when deer hunting is unlawful.
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26 | It shall be unlawful for any person, having taken the legal |
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1 | limit of
deer by gun, to further participate with gun in any | ||||||
2 | deer hunting party.
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3 | It shall be unlawful for any person, having taken the legal | ||||||
4 | limit
of deer by bow and arrow, to further participate with bow | ||||||
5 | and arrow in any
deer hunting party.
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6 | The Department may prohibit upland game hunting during the | ||||||
7 | gun deer
season by administrative rule.
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8 | The Department shall not limit the number of non-resident, | ||||||
9 | either-sex archery deer hunting permits to less than 20,000.
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10 | Any person who violates any of the provisions of this | ||||||
11 | Section,
including administrative rules, shall be guilty of a | ||||||
12 | Class B misdemeanor.
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13 | For the purposes of calculating acreage under this Section, | ||||||
14 | the Department shall, after determining the total acreage of | ||||||
15 | the applicable tract or tracts of land, round remaining | ||||||
16 | fractional portions of an acre greater than or equal to half of | ||||||
17 | an acre up to the next whole acre. | ||||||
18 | For the purposes of taking white-tailed deer, nothing in | ||||||
19 | this Section shall be construed to prevent the manipulation, | ||||||
20 | including mowing or cutting, of standing crops as a normal | ||||||
21 | agricultural or soil stabilization practice, food plots, or | ||||||
22 | normal agricultural practices, including planting, harvesting, | ||||||
23 | and maintenance such as cultivating or the use of products | ||||||
24 | designed for scent only and not capable of ingestion, solid or | ||||||
25 | liquid, placed or scattered, in such a manner as to attract or | ||||||
26 | lure deer. Such manipulation for the purpose of taking |
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1 | white-tailed deer may be further modified by administrative | ||||||
2 | rule. | ||||||
3 | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | ||||||
4 | 101-81, eff. 7-12-19.)
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5 | (Text of Section after amendment by P.A. 101-444 )
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6 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
7 | take deer shall first obtain a "Deer
Hunting Permit" issued by | ||||||
8 | the Department in accordance with its administrative rules.
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9 | Those rules must provide for the issuance of the following | ||||||
10 | types of resident deer archery permits: (i) a combination | ||||||
11 | permit, consisting of one either-sex permit and one | ||||||
12 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
13 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
14 | Hunting Permit to take deer with either bow and arrow or gun
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15 | shall not exceed $25.00 for residents of the State. The | ||||||
16 | Department may by
administrative rule provide for non-resident | ||||||
17 | deer hunting permits for which the
fee will not exceed $300 in | ||||||
18 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
19 | provided below for non-resident landowners
and non-resident | ||||||
20 | archery hunters. The Department may by
administrative rule | ||||||
21 | provide for a non-resident archery deer permit consisting
of | ||||||
22 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
23 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
24 | fees for a youth resident and non-resident archery deer permit | ||||||
25 | shall be the same.
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1 | The Department shall create a pilot program during the | ||||||
2 | special 3-day, youth-only deer hunting season to allow for | ||||||
3 | youth deer hunting permits that are valid statewide, excluding | ||||||
4 | those counties or portions of counties closed to firearm deer | ||||||
5 | hunting. During this special 3-day, youth-only firearm deer | ||||||
6 | hunting season, one day of the 3 days shall be reserved for | ||||||
7 | children with disabilities on the condition that their | ||||||
8 | respective disabilities do not prevent them from hunting in a | ||||||
9 | manner that is safe to themselves and others. The one day | ||||||
10 | youth-only firearm deer hunting season reserved for children | ||||||
11 | with disabilities shall apply to all counties located in the | ||||||
12 | State. For the purposes of this Section, "children with | ||||||
13 | disabilities" means a "child with a disability" as defined by | ||||||
14 | the federal Individuals with Disabilities Education | ||||||
15 | Improvement Act of 2004. The Department shall adopt rules to | ||||||
16 | implement the pilot program. Nothing in this paragraph shall be | ||||||
17 | construed to prohibit the Department from issuing Special Hunt | ||||||
18 | Area Permits for the youth-only deer hunting season or | ||||||
19 | establishing, through administrative rule, additional | ||||||
20 | requirements pertaining to the youth-only deer hunting season | ||||||
21 | on Department-owned or Department-managed sites, including | ||||||
22 | site-specific quotas or drawings. The provisions of this | ||||||
23 | paragraph are inoperative on and after January 1, 2023. | ||||||
24 | The standards and specifications for use of guns and bow | ||||||
25 | and arrow for
deer hunting shall be established by | ||||||
26 | administrative rule.
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1 | No person may have in his or her possession any firearm not | ||||||
2 | authorized by
administrative rule for a specific hunting season | ||||||
3 | when taking deer.
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4 | Persons having a firearm deer hunting permit shall be | ||||||
5 | permitted to
take deer only during the period from 1/2 hour | ||||||
6 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
7 | days for which an open season is
established for the taking of | ||||||
8 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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9 | Persons having an archery deer hunting permit shall be | ||||||
10 | permitted to
take deer only during the period from 1/2 hour | ||||||
11 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
12 | days for which an open season is
established for the taking of | ||||||
13 | deer by use of bow and arrow.
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14 | It shall be unlawful for any person to take deer by use of | ||||||
15 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
16 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
17 | of this Section, "bait" means any material, whether liquid or | ||||||
18 | solid, including food, salt, minerals, and other products, | ||||||
19 | except pure water, that can be ingested, placed, or scattered | ||||||
20 | in such a manner as to attract or lure white-tailed deer. | ||||||
21 | "Baiting" means the placement or scattering of bait to attract | ||||||
22 | deer. An area is considered as baited during the presence
of | ||||||
23 | and for 10 consecutive days following the removal of bait. | ||||||
24 | Nothing in this Section shall prohibit the use of a dog to | ||||||
25 | track wounded deer. Any person using a dog for tracking wounded | ||||||
26 | deer must maintain physical control of the dog at all times by |
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1 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
2 | harness. Tracking wounded deer is permissible at night, but at | ||||||
3 | no time outside of legal deer hunting hours or seasons shall | ||||||
4 | any person handling or accompanying a dog being used for | ||||||
5 | tracking wounded deer be in possession of any firearm or | ||||||
6 | archery device. Persons tracking wounded deer with a dog during | ||||||
7 | the firearm deer seasons shall wear blaze orange or solid blaze | ||||||
8 | pink color as required. Dog handlers tracking wounded deer with | ||||||
9 | a dog are exempt from hunting license and deer permit | ||||||
10 | requirements so long as they are accompanied by the licensed | ||||||
11 | deer hunter who wounded the deer.
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12 | It shall be unlawful to possess or transport any wild deer | ||||||
13 | which has
been injured or killed in any manner upon a public | ||||||
14 | highway or public
right-of-way of this State unless exempted by | ||||||
15 | administrative rule.
| ||||||
16 | Persons hunting deer must have gun unloaded and no bow and | ||||||
17 | arrow
device shall be carried with the arrow in the nocked | ||||||
18 | position during
hours when deer hunting is unlawful.
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19 | It shall be unlawful for any person, having taken the legal | ||||||
20 | limit of
deer by gun, to further participate with gun in any | ||||||
21 | deer hunting party.
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22 | It shall be unlawful for any person, having taken the legal | ||||||
23 | limit
of deer by bow and arrow, to further participate with bow | ||||||
24 | and arrow in any
deer hunting party.
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25 | The Department may prohibit upland game hunting during the | ||||||
26 | gun deer
season by administrative rule.
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1 | The Department shall not limit the number of non-resident, | ||||||
2 | either-sex archery deer hunting permits to less than 20,000.
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3 | Any person who violates any of the provisions of this | ||||||
4 | Section,
including administrative rules, shall be guilty of a | ||||||
5 | Class B misdemeanor.
| ||||||
6 | For the purposes of calculating acreage under this Section, | ||||||
7 | the Department shall, after determining the total acreage of | ||||||
8 | the applicable tract or tracts of land, round remaining | ||||||
9 | fractional portions of an acre greater than or equal to half of | ||||||
10 | an acre up to the next whole acre. | ||||||
11 | For the purposes of taking white-tailed deer, nothing in | ||||||
12 | this Section shall be construed to prevent the manipulation, | ||||||
13 | including mowing or cutting, of standing crops as a normal | ||||||
14 | agricultural or soil stabilization practice, food plots, or | ||||||
15 | normal agricultural practices, including planting, harvesting, | ||||||
16 | and maintenance such as cultivating or the use of products | ||||||
17 | designed for scent only and not capable of ingestion, solid or | ||||||
18 | liquid, placed or scattered, in such a manner as to attract or | ||||||
19 | lure deer. Such manipulation for the purpose of taking | ||||||
20 | white-tailed deer may be further modified by administrative | ||||||
21 | rule. | ||||||
22 | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | ||||||
23 | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
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24 | Section 95. No acceleration or delay. Where this Act makes | ||||||
25 | changes in a statute that is represented in this Act by text |
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1 | that is not yet or no longer in effect (for example, a Section | ||||||
2 | represented by multiple versions), the use of that text does | ||||||
3 | not accelerate or delay the taking effect of (i) the changes | ||||||
4 | made by this Act or (ii) provisions derived from any other | ||||||
5 | Public Act.
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6 | Section 99. Effective date. This Act takes effect June 1, | ||||||
7 | 2020.
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