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1 | AN ACT concerning wildlife. | |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||
4 | Section 5. The Wildlife Code is amended by changing | |||||||||||||||||||||||||
5 | Sections 1.2bb, 2.25, and 2.33 and by adding Section 1.2t-2 as | |||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||
7 | (520 ILCS 5/1.2t-2 new) | |||||||||||||||||||||||||
8 | Sec. 1.2t-2. Wildlife rifle. "Wildlife rifle" means a | |||||||||||||||||||||||||
9 | rifle that can hold up to 3 rounds in the magazine and chamber | |||||||||||||||||||||||||
10 | combined. | |||||||||||||||||||||||||
11 | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25) | |||||||||||||||||||||||||
12 | Sec. 2.25. It shall be unlawful for any person to take deer | |||||||||||||||||||||||||
13 | except (i) with a shotgun, handgun, single shot centerfire | |||||||||||||||||||||||||
14 | wildlife rifle, or muzzleloading rifle or (ii) as provided by | |||||||||||||||||||||||||
15 | administrative rule, with a bow and arrow, during the open | |||||||||||||||||||||||||
16 | season of not more than 14 days which will be set annually by | |||||||||||||||||||||||||
17 | the Director between the dates of November 1st and December | |||||||||||||||||||||||||
18 | 31st, both inclusive, or a special 3-day, youth-only season | |||||||||||||||||||||||||
19 | between the dates of September 1 and October 31. For the | |||||||||||||||||||||||||
20 | purposes of this Section, legal handguns and rifles are | |||||||||||||||||||||||||
21 | limited to centerfire handguns that are either a single shot | |||||||||||||||||||||||||
22 | or revolver and centerfire wildlife rifles that are single |
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1 | shot . The only legal ammunition for a centerfire handgun or | ||||||
2 | rifle is a bottleneck centerfire cartridge of .30 caliber or | ||||||
3 | larger with a case length not exceeding one and two-fifths | ||||||
4 | inches, or a straight-walled centerfire cartridge of .30 | ||||||
5 | caliber or larger, both of which must be available as a factory | ||||||
6 | load with the published ballistic tables of the manufacturer | ||||||
7 | showing a capability of at least 500 foot pounds of energy at | ||||||
8 | the muzzle. The barrel of a handgun shall be at least 4 inches. | ||||||
9 | Full metal jacket bullets may not be used to harvest deer. | ||||||
10 | The Department shall make administrative rules concerning | ||||||
11 | management restrictions applicable to the firearm and bow and | ||||||
12 | arrow season. | ||||||
13 | It shall be unlawful for any person to take deer except | ||||||
14 | with a bow and arrow during the open season for bow and arrow | ||||||
15 | set annually by the Director between the dates of September | ||||||
16 | 1st and January 31st, both inclusive. | ||||||
17 | It shall be unlawful for any person to take deer except | ||||||
18 | with (i) a muzzleloading rifle or (ii) bow and arrow during the | ||||||
19 | open season for muzzleloading rifles set annually by the | ||||||
20 | Director. | ||||||
21 | The Director shall cause an administrative rule setting | ||||||
22 | forth the prescribed rules and regulations, including bag and | ||||||
23 | possession limits and those counties of the State where open | ||||||
24 | seasons are established, to be published in accordance with | ||||||
25 | Sections 1.3 and 1.13 of this Act. | ||||||
26 | The Department may establish separate harvest periods for |
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1 | the purpose of managing or eradicating disease that has been | ||||||
2 | found in the deer herd. This season shall be restricted to gun | ||||||
3 | or bow and arrow hunting only. The Department shall publicly | ||||||
4 | announce, via statewide news release, the season dates and | ||||||
5 | shooting hours, the counties and sites open to hunting. | ||||||
6 | The Department is authorized to establish a separate | ||||||
7 | harvest period at specific sites within the State for the | ||||||
8 | purpose of harvesting surplus deer that cannot be taken during | ||||||
9 | the regular season provided for the taking of deer. This | ||||||
10 | season shall be restricted to gun or bow and arrow hunting only | ||||||
11 | and shall be established during the period of September 1st to | ||||||
12 | February 15th, both inclusive. The Department shall publicly | ||||||
13 | announce, via statewide news release, the season dates and | ||||||
14 | shooting hours, and the counties and sites open to hunting. | ||||||
15 | The Department shall publish suitable prescribed rules and | ||||||
16 | regulations established by administrative rule pertaining to | ||||||
17 | management restrictions applicable to this special harvest | ||||||
18 | program. The Department shall allow unused gun deer permits | ||||||
19 | that are left over from a regular season for the taking of deer | ||||||
20 | to be rolled over and used during any separate harvest period | ||||||
21 | held within 6 months of the season for which those tags were | ||||||
22 | issued at no additional cost to the permit holder subject to | ||||||
23 | the management restrictions applicable to the special harvest | ||||||
24 | program. | ||||||
25 | Beginning July 1, 2019, and on an annual basis thereafter, | ||||||
26 | the Department shall provide a report to the General Assembly |
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1 | providing information regarding deer management programs | ||||||
2 | established by the Code or by administrative rule that | ||||||
3 | includes: (1) the number of surplus deer taken during each | ||||||
4 | separate harvest season; (2) the number of deer found to have a | ||||||
5 | communicable disease or other abnormality; and (3) what | ||||||
6 | happens to the deer taken during each separate harvest season. | ||||||
7 | (Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22; | ||||||
8 | 102-932, eff. 1-1-23 .) | ||||||
9 | (520 ILCS 5/2.33) | ||||||
10 | Sec. 2.33. Prohibitions. | ||||||
11 | (a) It is unlawful to carry or possess any gun in any State | ||||||
12 | refuge unless otherwise permitted by administrative rule. | ||||||
13 | (b) It is unlawful to use or possess any snare or | ||||||
14 | snare-like device, deadfall, net, or pit trap to take any | ||||||
15 | species, except that snares not powered by springs or other | ||||||
16 | mechanical devices may be used to trap fur-bearing mammals, in | ||||||
17 | water sets only, if at least one-half of the snare noose is | ||||||
18 | located underwater at all times. | ||||||
19 | (c) It is unlawful for any person at any time to take a | ||||||
20 | wild mammal protected by this Act from its den by means of any | ||||||
21 | mechanical device, spade, or digging device or to use smoke or | ||||||
22 | other gases to dislodge or remove such mammal except as | ||||||
23 | provided in Section 2.37. | ||||||
24 | (d) It is unlawful to use a ferret or any other small | ||||||
25 | mammal which is used in the same or similar manner for which |
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1 | ferrets are used for the purpose of frightening or driving any | ||||||
2 | mammals from their dens or hiding places. | ||||||
3 | (e) (Blank). | ||||||
4 | (f) It is unlawful to use spears, gigs, hooks, or any like | ||||||
5 | device to take any species protected by this Act. | ||||||
6 | (g) It is unlawful to use poisons, chemicals, or | ||||||
7 | explosives for the purpose of taking any species protected by | ||||||
8 | this Act. | ||||||
9 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
10 | grass, brush, or other inflammable substance when it is | ||||||
11 | burning. | ||||||
12 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
13 | or disturb in any manner any wild birds or mammals by use or | ||||||
14 | aid of any vehicle, conveyance, or unmanned aircraft as | ||||||
15 | defined by the Illinois Aeronautics Act, except as permitted | ||||||
16 | by the Code of Federal Regulations for the taking of | ||||||
17 | waterfowl; except that nothing in this subsection shall | ||||||
18 | prohibit the use of unmanned aircraft in the inspection of a | ||||||
19 | public utility facility, tower, or structure or a mobile | ||||||
20 | service facility, tower, or structure by a public utility, as | ||||||
21 | defined in Section 3-105 of the Public Utilities Act, or a | ||||||
22 | provider of mobile services as defined in Section 153 of Title | ||||||
23 | 47 of the United States Code. It is also unlawful to use the | ||||||
24 | lights of any vehicle or conveyance, any light connected to | ||||||
25 | any vehicle or conveyance, or any other lighting device or | ||||||
26 | mechanism from inside or on a vehicle or conveyance in any area |
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1 | where wildlife may be found except in accordance with Section | ||||||
2 | 2.37 of this Act; however, nothing in this Section shall | ||||||
3 | prohibit the normal use of headlamps for the purpose of | ||||||
4 | driving upon a roadway. For purposes of this Section, any | ||||||
5 | other lighting device or mechanism shall include, but not be | ||||||
6 | limited to, any device that uses infrared or other light not | ||||||
7 | visible to the naked eye, electronic image intensification, | ||||||
8 | active illumination, thermal imaging, or night vision. Striped | ||||||
9 | skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote | ||||||
10 | may be taken during the open season by use of a small light | ||||||
11 | which is worn on the body or hand-held by a person on foot and | ||||||
12 | not in any vehicle. | ||||||
13 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
14 | while taking or attempting to take any of the species | ||||||
15 | protected by this Act. | ||||||
16 | (k) It is unlawful to use or possess in the field any | ||||||
17 | shotgun shell loaded with a shot size larger than lead BB or | ||||||
18 | steel T (.20 diameter) when taking or attempting to take any | ||||||
19 | species of wild game mammals (excluding white-tailed deer), | ||||||
20 | wild game birds, migratory waterfowl or migratory game birds | ||||||
21 | protected by this Act, except white-tailed deer as provided | ||||||
22 | for in Section 2.26 and other species as provided for by | ||||||
23 | subsection (l) or administrative rule. | ||||||
24 | (l) It is unlawful to take any species of wild game, except | ||||||
25 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
26 | loaded with slugs unless otherwise provided for by |
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1 | administrative rule. | ||||||
2 | (m) It is unlawful to use any shotgun capable of holding | ||||||
3 | more than 3 shells in the magazine or chamber combined, except | ||||||
4 | on game breeding and hunting preserve areas licensed under | ||||||
5 | Section 3.27 and except as permitted by the Code of Federal | ||||||
6 | Regulations for the taking of waterfowl. If the shotgun is | ||||||
7 | capable of holding more than 3 shells, it shall, while being | ||||||
8 | used on an area other than a game breeding and shooting | ||||||
9 | preserve area licensed pursuant to Section 3.27, be fitted | ||||||
10 | with a one-piece plug that is irremovable without dismantling | ||||||
11 | the shotgun or otherwise altered to render it incapable of | ||||||
12 | holding more than 3 shells in the magazine and chamber, | ||||||
13 | combined. | ||||||
14 | (n) It is unlawful for any person, except persons who | ||||||
15 | possess a permit to hunt from a vehicle as provided in this | ||||||
16 | Section and persons otherwise permitted by law, to have or | ||||||
17 | carry any gun in or on any vehicle, conveyance, or aircraft, | ||||||
18 | unless such gun is unloaded and enclosed in a case, except that | ||||||
19 | at field trials authorized by Section 2.34 of this Act, | ||||||
20 | unloaded guns or guns loaded with blank cartridges only may be | ||||||
21 | carried on horseback while not contained in a case, or to have | ||||||
22 | or carry any bow or arrow device in or on any vehicle unless | ||||||
23 | such bow or arrow device is unstrung or enclosed in a case, or | ||||||
24 | otherwise made inoperable unless in accordance with the | ||||||
25 | Firearm Concealed Carry Act. | ||||||
26 | (o) (Blank). |
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1 | (p) It is unlawful to take game birds, migratory game | ||||||
2 | birds or migratory waterfowl with a rifle, pistol, revolver, | ||||||
3 | or air rifle. | ||||||
4 | (q) It is unlawful to fire a rifle, pistol, revolver, or | ||||||
5 | air rifle on, over, or into any waters of this State, including | ||||||
6 | frozen waters. | ||||||
7 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
8 | device along, upon, across, or from any public right-of-way or | ||||||
9 | highway in this State. | ||||||
10 | (s) It is unlawful to use a silencer or other device to | ||||||
11 | muffle or mute the sound of the explosion or report resulting | ||||||
12 | from the firing of any gun. | ||||||
13 | (t) It is unlawful for any person to take or attempt to | ||||||
14 | take any species of wildlife or parts thereof, or allow a dog | ||||||
15 | to hunt, within or upon the land of another, or upon waters | ||||||
16 | flowing over or standing on the land of another, or to | ||||||
17 | knowingly shoot a gun or bow and arrow device at any wildlife | ||||||
18 | physically on or flying over the property of another without | ||||||
19 | first obtaining permission from the owner or the owner's | ||||||
20 | designee. For the purposes of this Section, the owner's | ||||||
21 | designee means anyone who the owner designates in a written | ||||||
22 | authorization and the authorization must contain (i) the legal | ||||||
23 | or common description of property for which such authority is | ||||||
24 | given, (ii) the extent that the owner's designee is authorized | ||||||
25 | to make decisions regarding who is allowed to take or attempt | ||||||
26 | to take any species of wildlife or parts thereof, and (iii) the |
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1 | owner's notarized signature. Before enforcing this Section, | ||||||
2 | the law enforcement officer must have received notice from the | ||||||
3 | owner or the owner's designee of a violation of this Section. | ||||||
4 | Statements made to the law enforcement officer regarding this | ||||||
5 | notice shall not be rendered inadmissible by the hearsay rule | ||||||
6 | when offered for the purpose of showing the required notice. | ||||||
7 | (u) It is unlawful for any person to discharge any firearm | ||||||
8 | for the purpose of taking any of the species protected by this | ||||||
9 | Act, or hunt with gun or dog, or allow a dog to hunt, within | ||||||
10 | 300 yards of an inhabited dwelling without first obtaining | ||||||
11 | permission from the owner or tenant, except that while | ||||||
12 | trapping, hunting with bow and arrow, hunting with dog and | ||||||
13 | shotgun using shot shells only, or hunting with shotgun using | ||||||
14 | shot shells only, or providing outfitting services under a | ||||||
15 | waterfowl outfitter permit, or on licensed game breeding and | ||||||
16 | hunting preserve areas, as defined in Section 3.27, on | ||||||
17 | federally owned and managed lands and on Department owned, | ||||||
18 | managed, leased, or controlled lands, a 100 yard restriction | ||||||
19 | shall apply. | ||||||
20 | (v) It is unlawful for any person to remove fur-bearing | ||||||
21 | mammals from, or to move or disturb in any manner, the traps | ||||||
22 | owned by another person without written authorization of the | ||||||
23 | owner to do so. | ||||||
24 | (w) It is unlawful for any owner of a dog to allow his or | ||||||
25 | her dog to pursue, harass, or kill deer, except that nothing in | ||||||
26 | this Section shall prohibit the tracking of wounded deer with |
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1 | a dog in accordance with the provisions of Section 2.26 of this | ||||||
2 | Code. | ||||||
3 | (x) It is unlawful for any person to wantonly or | ||||||
4 | carelessly injure or destroy, in any manner whatsoever, any | ||||||
5 | real or personal property on the land of another while engaged | ||||||
6 | in hunting or trapping thereon. | ||||||
7 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
8 | between one-half hour after sunset and one-half hour before | ||||||
9 | sunrise, except that hunting hours between one-half hour after | ||||||
10 | sunset and one-half hour before sunrise may be established by | ||||||
11 | administrative rule for fur-bearing mammals. | ||||||
12 | (z) It is unlawful to take any game bird (excluding wild | ||||||
13 | turkeys and crippled pheasants not capable of normal flight | ||||||
14 | and otherwise irretrievable) protected by this Act when not | ||||||
15 | flying. Nothing in this Section shall prohibit a person from | ||||||
16 | carrying an uncased, unloaded shotgun in a boat, while in | ||||||
17 | pursuit of a crippled migratory waterfowl that is incapable of | ||||||
18 | normal flight, for the purpose of attempting to reduce the | ||||||
19 | migratory waterfowl to possession, provided that the attempt | ||||||
20 | is made immediately upon downing the migratory waterfowl and | ||||||
21 | is done within 400 yards of the blind from which the migratory | ||||||
22 | waterfowl was downed. This exception shall apply only to | ||||||
23 | migratory game birds that are not capable of normal flight. | ||||||
24 | Migratory waterfowl that are crippled may be taken only with a | ||||||
25 | shotgun as regulated by subsection (j) of this Section using | ||||||
26 | shotgun shells as regulated in subsection (k) of this Section. |
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1 | (aa) It is unlawful to use or possess any device that may | ||||||
2 | be used for tree climbing or cutting while hunting fur-bearing | ||||||
3 | mammals, excluding coyotes. However, coyotes may not be hunted | ||||||
4 | utilizing these devices during open season for deer except by | ||||||
5 | properly licensed deer hunters. | ||||||
6 | (bb) It is unlawful for any person, except licensed game | ||||||
7 | breeders, pursuant to Section 2.29 to import, carry into, or | ||||||
8 | possess alive in this State any species of wildlife taken | ||||||
9 | outside of this State, without obtaining permission to do so | ||||||
10 | from the Director. | ||||||
11 | (cc) It is unlawful for any person to have in his or her | ||||||
12 | possession any freshly killed species protected by this Act | ||||||
13 | during the season closed for taking. | ||||||
14 | (dd) It is unlawful to take any species protected by this | ||||||
15 | Act and retain it alive except as provided by administrative | ||||||
16 | rule. | ||||||
17 | (ee) It is unlawful to possess any rifle while in the field | ||||||
18 | during gun deer season except as provided in Sections 2.25 and | ||||||
19 | 2.26 and administrative rules. | ||||||
20 | (ff) It is unlawful for any person to take any species | ||||||
21 | protected by this Act, except migratory waterfowl, during the | ||||||
22 | gun deer hunting season in those counties open to gun deer | ||||||
23 | hunting, unless he or she wears, when in the field, a cap and | ||||||
24 | upper outer garment of a solid blaze orange color or solid | ||||||
25 | blaze pink color, with such articles of clothing displaying a | ||||||
26 | minimum of 400 square inches of blaze orange or solid blaze |
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1 | pink color material. | ||||||
2 | (gg) It is unlawful during the upland game season for any | ||||||
3 | person to take upland game with a firearm unless he or she | ||||||
4 | wears, while in the field, a cap of solid blaze orange color or | ||||||
5 | solid blaze pink color. For purposes of this Act, upland game | ||||||
6 | is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||||||
7 | Pheasant, Eastern Cottontail, and Swamp Rabbit. | ||||||
8 | (hh) It shall be unlawful to kill or cripple any species | ||||||
9 | protected by this Act for which there is a bag limit without | ||||||
10 | making a reasonable effort to retrieve such species and | ||||||
11 | include such in the bag limit. It shall be unlawful for any | ||||||
12 | person having control over harvested game mammals, game birds, | ||||||
13 | or migratory game birds for which there is a bag limit to | ||||||
14 | wantonly waste or destroy the usable meat of the game, except | ||||||
15 | this shall not apply to wildlife taken under Sections 2.37 or | ||||||
16 | 3.22 of this Code. For purposes of this subsection, "usable | ||||||
17 | meat" means the breast meat of a game bird or migratory game | ||||||
18 | bird and the hind ham and front shoulders of a game mammal. It | ||||||
19 | shall be unlawful for any person to place, leave, dump, or | ||||||
20 | abandon a wildlife carcass or parts of it along or upon a | ||||||
21 | public right-of-way or highway or on public or private | ||||||
22 | property, including a waterway or stream, without the | ||||||
23 | permission of the owner or tenant. It shall not be unlawful to | ||||||
24 | discard game meat that is determined to be unfit for human | ||||||
25 | consumption. | ||||||
26 | (ii) This Section shall apply only to those species |
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1 | protected by this Act taken within the State. Any species or | ||||||
2 | any parts thereof, legally taken in and transported from other | ||||||
3 | states or countries, may be possessed within the State, except | ||||||
4 | as provided in this Section and Sections 2.35, 2.36, and 3.21. | ||||||
5 | (jj) (Blank). | ||||||
6 | (kk) Nothing contained in this Section shall prohibit the | ||||||
7 | Director from issuing permits to paraplegics or to other | ||||||
8 | persons with disabilities who meet the requirements set forth | ||||||
9 | in administrative rule to shoot or hunt from a vehicle as | ||||||
10 | provided by that rule, provided that such is otherwise in | ||||||
11 | accord with this Act. | ||||||
12 | (ll) Nothing contained in this Act shall prohibit the | ||||||
13 | taking of aquatic life protected by the Fish and Aquatic Life | ||||||
14 | Code or birds and mammals protected by this Act, except deer | ||||||
15 | and fur-bearing mammals, from a boat not camouflaged or | ||||||
16 | disguised to alter its identity or to further provide a place | ||||||
17 | of concealment and not propelled by sail or mechanical power. | ||||||
18 | However, only shotguns not larger than 10 gauge nor smaller | ||||||
19 | than .410 bore loaded with not more than 3 shells of a shot | ||||||
20 | size no larger than lead BB or steel T (.20 diameter) may be | ||||||
21 | used to take species protected by this Act. | ||||||
22 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
23 | of a shotgun, not larger than 10 gauge nor smaller than a 20 | ||||||
24 | gauge, with a rifled barrel. | ||||||
25 | (nn) It shall be unlawful to possess any species of | ||||||
26 | wildlife or wildlife parts taken unlawfully in Illinois, any |
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1 | other state, or any other country, whether or not the wildlife | ||||||
2 | or wildlife parts are indigenous to Illinois. For the purposes | ||||||
3 | of this subsection, the statute of limitations for unlawful | ||||||
4 | possession of wildlife or wildlife parts shall not cease until | ||||||
5 | 2 years after the possession has permanently ended. | ||||||
6 | (oo) It is unlawful while deer hunting to possess or be in | ||||||
7 | close proximity to a rifle that is not a centerfire wildlife | ||||||
8 | rifle. : | ||||||
9 | (1) to possess or be in close proximity to a rifle that | ||||||
10 | is not centerfire; or | ||||||
11 | (2) to be in possession of or in close proximity to a | ||||||
12 | magazine that is capable of making a rifle not a single | ||||||
13 | shot . | ||||||
14 | (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22; | ||||||
15 | 102-932, eff. 1-1-23; 103-154, eff. 6-30-23.) | ||||||
16 | (520 ILCS 5/1.2bb rep.) | ||||||
17 | Section 10. The Wildlife Code is amended by repealing | ||||||
18 | Section 1.2bb. |