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HB3721 Enrolled |
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LRB095 04304 CMK 32115 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 |
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| Sections 2.25, 2.26, and 2.33 as follows:
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| (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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| Sec. 2.25. It shall be unlawful for any person to take deer |
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| except (i) with
a shotgun, handgun, or muzzleloading rifle or |
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| (ii) as provided by
administrative rule,
with a bow and arrow, |
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| or crossbow device for handicapped persons , as defined
in |
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| Section 2.33, and persons age 62 or older during the open |
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| season of not more than 14 days which will
be set annually by |
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| the Director between the dates of
November 1st and December |
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| 31st, both inclusive.
For the purposes of this Section, legal |
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| handguns include any centerfire
handguns of .30
caliber or |
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| larger with a minimum barrel length of 4 inches. The only legal
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| ammunition
for a centerfire handgun is a cartridge of .30 |
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| caliber or larger with a
capability of at least
500 foot pounds |
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| of energy at the muzzle. Full metal jacket bullets may not be
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| used to
harvest deer.
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| The Department shall make administrative rules concerning |
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| management
restrictions applicable to the firearm and bow and |
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| arrow season.
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| It shall be unlawful for any person to take deer except |
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| with a bow and
arrow, or crossbow device for handicapped |
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| persons ,
( as defined in Section
2.33 ) , and persons age 62 or |
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| older during the open season for bow and arrow set annually by |
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| the Director
between the dates of September 1st and January |
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| 31st, both inclusive.
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| It shall be unlawful for any person to take deer except |
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| with (i) a
muzzleloading rifle, or (ii) bow and arrow, or |
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| crossbow device for
handicapped persons , as defined in Section |
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| 2.33, and persons age 62 or older during the open season for
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| muzzleloading rifles set annually by the Director.
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| The Director shall cause an administrative rule setting |
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| forth the
prescribed rules and regulations, including bag and |
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| possession limits and
those counties of the State where open |
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| seasons are established, to be
published in accordance with |
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| Sections 1.3 and 1.13 of this Act.
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| The Department may establish separate harvest periods for |
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| the purpose of
managing or eradicating disease that has been |
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| found in the deer herd. This
season shall be restricted to gun |
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| or bow and arrow hunting only. The Department
shall publicly |
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| announce, via statewide news release, the season dates and
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| shooting hours, the counties and sites open to hunting, permit |
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| requirements,
application dates, hunting rules, legal weapons, |
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| and reporting requirements.
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| The Department is authorized to establish a separate |
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| harvest period at
specific sites within the State for the |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| purpose of harvesting
surplus deer that cannot be taken during |
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| the regular season provided for
the taking of deer. This season |
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| shall be restricted to gun or bow and
arrow hunting only and |
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| shall be established during the period of September 1st
to |
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| February 15th, both inclusive. The Department shall publish |
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| suitable
prescribed rules and regulations established by |
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| administrative rule pertaining
to management restrictions |
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| applicable to this special harvest program. The Department |
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| shall allow unused gun deer permits that are left over from a |
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| regular season for the taking of deer to be rolled over and |
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| used during any separate harvest period held within 6 months of |
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| the season for which those tags were issued at no additional |
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| cost to the permit holder subject to the management |
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| restrictions applicable to the special harvest program.
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| (Source: P.A. 93-37, eff. 6-25-03; 93-554, eff. 8-20-03; |
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| 94-919, eff. 6-26-06.)
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| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| Sec. 2.26. Deer hunting permits. In this Section,
"bona |
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| fide equity shareholder" means an individual who (1) purchased, |
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| for
market price, publicly sold stock shares in a corporation,
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| purchased shares of a privately-held corporation for a value
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| equal to the percentage of the appraised value of the corporate |
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| assets
represented by the ownership in the corporation, or is a |
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| member of a
closely-held family-owned corporation and has |
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| purchased or been gifted with
shares of stock in the |
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HB3721 Enrolled |
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| corporation accurately reflecting his or her
percentage of |
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| ownership and (2) intends to retain the ownership of the
shares |
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| of stock for at least 5 years.
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| In this Section, "bona fide equity member" means an |
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| individual who (1) (i)
became a member
upon
the formation of |
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| the limited liability company or (ii) has purchased a
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| distributional interest in a limited liability company for a |
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| value equal to the
percentage of the appraised value of the LLC |
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| assets represented by the
distributional interest in the LLC |
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| and subsequently becomes a member of the
company
pursuant to |
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| Article 30 of the Limited Liability Company Act and who (2)
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| intends to retain the membership for at least 5 years.
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| In this Section, "bona fide equity partner" means an |
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| individual who (1) (i) became a partner, either general or |
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| limited, upon the formation of a partnership or limited |
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| partnership, or (ii) has purchased, acquired, or been gifted a |
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| partnership interest accurately representing his or her |
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| percentage distributional interest in the profits, losses, and |
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| assets of a partnership or limited partnership, (2) intends to |
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| retain ownership of the partnership interest for at least 5 |
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| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a |
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| "Deer
Hunting Permit" in accordance with prescribed |
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| regulations set forth in an
Administrative Rule. Deer Hunting |
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| Permits shall be issued by the Department.
The fee for a Deer |
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| Hunting Permit to take deer with either bow and arrow or gun
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| shall not exceed $15.00 for residents of the State. The |
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| Department may by
administrative rule provide for non-resident |
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| deer hunting permits for which the
fee will not exceed $300 in |
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| 2005, $350 in 2006, and $400 in 2007 and thereafter except as |
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| provided below for non-resident landowners
and non-resident |
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| archery hunters. The Department may by
administrative rule |
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| provide for a non-resident archery deer permit consisting
of |
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| not more than 2 harvest tags at a total cost not to exceed $325 |
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| in 2005, $375 in 2006, and $425 in 2007 and thereafter.
Permits |
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| shall be issued without charge to:
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| (a) Illinois landowners residing in Illinois who own at |
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| least 40 acres of
Illinois land and wish to hunt their land |
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| only,
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| (b) resident tenants of at least 40 acres of commercial |
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| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation,
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| bona fide
equity
members of a limited liability
company, or |
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| bona fide equity partners of a general or limited |
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| partnership
which owns at least 40 acres of land
in a |
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| county in Illinois who wish to hunt on the corporation's, |
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| company's, or partnership's land only.
One permit shall be |
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| issued without charge to one bona fide equity
shareholder, |
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| one bona fide equity member, or one bona fide equity |
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| partner for each 40
acres of land owned by the corporation, |
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| company, or partnership in
a county; however, the number of
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| permits issued without charge to bona fide equity |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not |
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| exceed 15, and shall not exceed 3 in the case of bona fide |
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| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt |
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| only on the land
they own, rent, or lease or bona fide equity |
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| shareholders, bona fide
equity
members, or bona fide equity |
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| partners who do not wish to hunt
only on the
land owned by the |
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| corporation, limited liability company, or partnership
shall |
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| be
charged the same fee as the
applicant who is not a |
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| landowner, tenant, bona fide equity
shareholder,
bona fide |
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| equity member, or bona fide equity partner. Nonresidents
of
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| Illinois who own at least 40 acres of land and wish to hunt on |
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| their land only
shall be charged a fee set by administrative |
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| rule. The method for
obtaining these permits shall be |
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| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid |
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| on
all farm lands which the person to whom it is issued owns, |
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| leases or rents,
except that in the case of a permit issued to |
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| a bona fide equity
shareholder, bona fide equity member, or |
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| bona fide equity partner, the
permit shall
be valid on all |
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| lands owned by the corporation, limited liability
company, or |
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| partnership in the county.
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| The standards and specifications for use of guns and bow |
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| and arrow for
deer hunting shall be established by |
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| administrative rule.
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| No person may have in his possession any firearm not |
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| authorized by
administrative rule for a specific hunting season |
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| when taking deer.
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| Persons having a firearm deer hunting permit shall be |
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| permitted to
take deer only during the period from 1/2 hour |
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| before sunrise to
sunset, and only during those days for which |
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| an open season is
established for the taking of deer by use of |
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| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be |
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| permitted to
take deer only during the period from 1/2 hour |
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| before sunrise to 1/2 hour
after sunset, and only during those |
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| days for which an open season is
established for the taking of |
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| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of |
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| dogs,
horses, automobiles, aircraft or other vehicles, or by |
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| the use of salt
or bait of any kind. An area is considered as |
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| baited during the presence
of and for 10 consecutive days |
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| following the removal of bait. Nothing in this Section shall |
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| prohibit the use of a dog to track wounded deer. Any person |
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| using a dog for tracking wounded deer must maintain physical |
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| control of the dog at all times by means of a maximum 50 foot |
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| lead attached to the dog's collar or harness. Tracking wounded |
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| deer is permissible at night, but at no time outside of legal |
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| deer hunting hours or seasons shall any person handling or |
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| accompanying a dog being used for tracking wounded deer be in |
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| possession of any firearm or archery device. Persons tracking |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| wounded deer with a dog during the firearm deer seasons shall |
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| wear blaze orange as required. Dog handlers tracking wounded |
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| deer with a dog are exempt from hunting license and deer permit |
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| requirements so long as they are accompanied by the licensed |
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| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer |
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| which has
been injured or killed in any manner upon a public |
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| highway or public
right-of-way of this State unless exempted by |
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| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and |
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| arrow
device shall be carried with the arrow in the nocked |
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| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal |
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| limit of
deer by gun, to further participate with gun in any |
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| deer hunting party.
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| It shall be unlawful for any person, having taken the legal |
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| limit
of deer by bow and arrow, to further participate with bow |
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| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the |
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| gun deer
season by administrative rule.
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| The Department shall not limit the number of non-resident |
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| either sex archery deer hunting permits to less than 20,000.
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| It shall be legal for handicapped persons, as defined in |
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| Section 2.33, and persons age 62 or older to
utilize a crossbow |
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| device, as defined in Department rules, to take deer.
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| Any person who violates any of the provisions of this |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| Section,
including administrative rules, shall be guilty of a |
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| Class B misdemeanor.
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| (Source: P.A. 93-554, eff. 8-20-03; 93-807, eff. 7-24-04; |
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| 93-823, eff. 1-1-05; 94-10, eff. 6-7-05.)
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| (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| Sec. 2.33. Prohibitions.
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| (a) It is unlawful to carry or possess any gun in any
State |
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| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any snare or |
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| snare-like device,
deadfall, net, or pit trap to take any |
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| species, except that snares not
powered by springs or other |
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| mechanical devices may be used to trap
fur-bearing mammals, in |
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| water sets only, if at least one-half of the snare
noose is |
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| located underwater at all times.
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| (c) It is unlawful for any person at any time to take a |
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| wild mammal
protected by this Act from its den by means of any |
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| mechanical device,
spade, or digging device or to use smoke or |
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| other gases to dislodge or
remove such mammal except as |
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| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small |
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| mammal which is
used in the same or similar manner for which |
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| ferrets are used for the
purpose of frightening or driving any |
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| mammals from their dens or hiding places.
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| (e) (Blank).
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| (f) It is unlawful to use spears, gigs, hooks or any like |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives |
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| for the
purpose of taking any species protected by this Act.
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| (h) It is unlawful to hunt adjacent to or near any peat, |
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| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass |
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| or disturb
in any manner any wild birds or mammals by use or |
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| aid of any vehicle or
conveyance, except as permitted by the |
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| Code of Federal Regulations for the
taking of waterfowl. It is |
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| also unlawful to use the lights of any vehicle
or conveyance or |
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| any light from or any light connected to the
vehicle or |
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| conveyance in any area where wildlife may be found except in
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| accordance with Section 2.37 of this Act; however, nothing in |
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| this
Section shall prohibit the normal use of headlamps for the |
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| purpose of driving
upon a roadway. Striped skunk, opossum, red |
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| fox, gray
fox, raccoon and coyote may be taken during the open |
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| season by use of a small
light which is worn on the body or |
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| hand-held by a person on foot and not in any
vehicle.
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| (j) It is unlawful to use any shotgun larger than 10 gauge |
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| while
taking or attempting to take any of the species protected |
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| by this Act.
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| (k) It is unlawful to use or possess in the field any |
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| shotgun shell loaded
with a shot size larger than lead BB or |
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| steel T (.20 diameter) when taking or
attempting to take any |
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| species of wild game mammals (excluding white-tailed
deer), |
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| wild game birds, migratory waterfowl or migratory game birds |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| protected
by this Act, except white-tailed deer as provided for |
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| in Section 2.26 and other
species as provided for by subsection |
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| (l) or administrative rule.
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| (l) It is unlawful to take any species of wild game, except
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| white-tailed deer, with a shotgun loaded with slugs unless |
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| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding |
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| more than 3
shells in the magazine or chamber combined, except |
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| on game breeding and
hunting preserve areas licensed under |
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| Section 3.27 and except as permitted by
the Code of Federal |
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| Regulations for the taking of waterfowl. If the shotgun
is |
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| capable of holding more than 3 shells, it shall, while being |
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| used on an
area other than a game breeding and shooting |
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| preserve area licensed
pursuant to Section 3.27, be fitted with |
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| a one piece plug that is
irremovable without dismantling the |
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| shotgun or otherwise altered to
render it incapable of holding |
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| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who |
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| possess a permit to
hunt from a vehicle as provided in this |
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| Section and persons otherwise permitted
by law, to have or |
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| carry any gun in or on any vehicle, conveyance or aircraft,
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| unless such gun is unloaded and enclosed in a case, except that |
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| at field trials
authorized by Section 2.34 of this Act, |
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| unloaded guns or guns loaded with blank
cartridges only, may be |
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| carried on horseback while not contained in a case, or
to have |
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| or carry any bow or arrow device in or on any vehicle unless |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| such bow
or arrow device is unstrung or enclosed in a case, or |
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| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of |
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| taking any
wild birds or mammals, except as provided for in |
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| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds |
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| or
migratory waterfowl with a rifle, pistol, revolver or |
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| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or |
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| airgun on,
over or into any waters of this State, including |
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| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow |
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| device
along, upon, across, or from any public right-of-way or |
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| highway in this State.
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| (s) It is unlawful to use a silencer or other device to |
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| muffle or
mute the sound of the explosion or report resulting |
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| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or |
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| intentionally or wantonly allow a dog to
hunt, within or upon |
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| the land of another, or upon waters flowing over or
standing on |
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| the land of another, without first obtaining permission from
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| the owner or tenant. It shall be prima facie evidence that a |
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| person does
not have permission of the owner or tenant if the |
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| person is unable to
demonstrate to the law enforcement officer |
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| in the field that permission had
been obtained. This provision |
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| may only be rebutted by testimony of the
owner or tenant that |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| permission had been given. Before enforcing this
Section the |
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| law enforcement officer must have received notice from the
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| owner or tenant of a violation of this Section. Statements made |
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| to the
law enforcement officer regarding this notice shall not |
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| be rendered
inadmissible by the hearsay rule when offered for |
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| the purpose of showing the
required notice.
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| (u) It is unlawful for any person to discharge any firearm |
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| for the purpose
of taking any of the species protected by this |
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| Act, or hunt with gun or
dog, or intentionally or wantonly |
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| allow a dog to hunt, within 300 yards of an inhabited dwelling |
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| without
first obtaining permission from the owner or tenant, |
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| except that while
trapping, hunting with bow and arrow, hunting |
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| with dog and shotgun using shot
shells only, or hunting with |
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| shotgun using shot shells only, or
on licensed game breeding |
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| and hunting preserve areas, as defined in Section
3.27, on |
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| property operated under a Migratory Waterfowl Hunting Area |
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| Permit, on
federally owned and managed lands and on Department |
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| owned, managed, leased or
controlled lands, a 100 yard |
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| restriction shall apply.
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| (v) It is unlawful for any person to remove fur-bearing |
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| mammals from, or
to move or disturb in any manner, the traps |
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| owned by another person without
written authorization of the |
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| owner to do so.
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| (w) It is unlawful for any owner of a dog to knowingly or |
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| wantonly allow
his or her dog to pursue, harass or kill deer, |
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| except that nothing in this Section shall prohibit the tracking |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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| of wounded deer with a dog in accordance with the provisions of |
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| Section 2.26 of this Code.
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| (x) It is unlawful for any person to wantonly or carelessly |
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| injure
or destroy, in any manner whatsoever, any real or |
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| personal property on
the land of another while engaged in |
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| hunting or trapping thereon.
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| (y) It is unlawful to hunt wild game protected by this Act |
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| between one
half hour after sunset and one half hour before |
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| sunrise, except that
hunting hours between one half hour after |
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| sunset and one half hour
before sunrise may be established by |
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| administrative rule for fur-bearing
mammals.
|
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| (z) It is unlawful to take any game bird (excluding wild |
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| turkeys and
crippled pheasants not capable of normal flight and |
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| otherwise irretrievable)
protected by this Act when not flying. |
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| Nothing in this Section shall prohibit
a person from carrying |
16 |
| an uncased, unloaded shotgun in a boat, while in pursuit
of a |
17 |
| crippled migratory waterfowl that is incapable of normal |
18 |
| flight, for the
purpose of attempting to reduce the migratory |
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| waterfowl to possession, provided
that the attempt is made |
20 |
| immediately upon downing the migratory waterfowl and
is done |
21 |
| 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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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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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.
|
4 |
| (bb) It is unlawful for any person, except licensed game |
5 |
| breeders,
pursuant to Section 2.29 to import, carry into, or |
6 |
| possess alive in this
State any species of wildlife taken |
7 |
| outside of this State, without
obtaining permission to do so |
8 |
| from the Director.
|
9 |
| (cc) It is unlawful for any person to have in his or her
|
10 |
| possession any freshly killed species protected by this Act |
11 |
| during the season
closed for taking.
|
12 |
| (dd) It is unlawful to take any species protected by this |
13 |
| Act and retain
it alive.
|
14 |
| (ee) It is unlawful to possess any rifle while in the field |
15 |
| during gun
deer season except as provided in Section 2.26 and |
16 |
| administrative rules.
|
17 |
| (ff) It is unlawful for any person to take any species |
18 |
| protected by
this Act, except migratory waterfowl, during the |
19 |
| gun deer hunting season in
those counties open to gun deer |
20 |
| hunting, unless he or she wears, when in
the field, a cap and |
21 |
| upper outer garment of a solid blaze orange color, with
such |
22 |
| articles of clothing displaying a minimum of 400 square inches |
23 |
| of
blaze orange material.
|
24 |
| (gg) It is unlawful during the upland game season for any |
25 |
| person to take
upland game with a firearm unless he or she |
26 |
| wears, while in the field, a
cap of solid blaze orange color. |
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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1 |
| For purposes of this Act, upland game is
defined as Bobwhite |
2 |
| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
|
3 |
| Cottontail and Swamp Rabbit.
|
4 |
| (hh) It shall be unlawful to kill or cripple any species |
5 |
| protected by
this Act for which there is a daily bag limit |
6 |
| without making a reasonable
effort to retrieve such species and |
7 |
| include such in the daily bag limit.
|
8 |
| (ii) This Section shall apply only to those species |
9 |
| protected by this
Act taken within the State. Any species or |
10 |
| any parts thereof, legally taken
in and transported from other |
11 |
| states or countries, may be possessed
within the State, except |
12 |
| as provided in this Section and Sections 2.35, 2.36
and 3.21.
|
13 |
| (jj) Nothing contained in this Section shall prohibit the |
14 |
| use of bow
and arrow, prohibit the use of a crossbow by persons |
15 |
| age 62 or older, or prevent the Director from issuing permits |
16 |
| to use a crossbow
to handicapped persons as provided by |
17 |
| administrative rule. As used herein,
"handicapped persons" |
18 |
| means those persons who have a permanent physical
impairment |
19 |
| due to injury or disease, congenital or acquired, which renders
|
20 |
| them so severely disabled as to be unable to use a conventional |
21 |
| bow and arrow
device. Permits will be issued only after the |
22 |
| receipt of a physician's
statement confirming the applicant is |
23 |
| handicapped as defined above.
|
24 |
| (kk) Nothing contained in this Section shall prohibit the |
25 |
| Director
from issuing permits to paraplegics or to other |
26 |
| disabled persons who meet the
requirements set forth in |
|
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HB3721 Enrolled |
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LRB095 04304 CMK 32115 b |
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|
1 |
| administrative rule to shoot or hunt from a vehicle
as provided |
2 |
| by that rule, provided that such is otherwise in accord with |
3 |
| this
Act.
|
4 |
| (ll) Nothing contained in this Act shall prohibit the |
5 |
| taking of aquatic
life protected by the Fish and Aquatic Life |
6 |
| Code or birds and mammals
protected by this Act, except deer |
7 |
| and fur-bearing mammals, from a boat not
camouflaged or |
8 |
| disguised to alter its identity or to further provide a place
|
9 |
| of concealment and not propelled by sail or mechanical power. |
10 |
| However, only
shotguns not larger than 10 gauge nor smaller |
11 |
| than .410 bore loaded with not
more than 3 shells of a shot |
12 |
| size no larger than lead BB or steel T (.20
diameter) may be |
13 |
| used to take species protected by this Act.
|
14 |
| (mm) Nothing contained in this Act shall prohibit the use |
15 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
16 |
| gauge, with a rifled barrel.
|
17 |
| (Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
|
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law.
|