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