Full Text of HB5407 94th General Assembly
HB5407ham001 94TH GENERAL ASSEMBLY
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Rep. Mark H. Beaubien Jr.
Filed: 3/1/2006
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09400HB5407ham001 |
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LRB094 17166 RSP 56880 a |
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| AMENDMENT TO HOUSE BILL 5407
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| AMENDMENT NO. ______. Amend House Bill 5407 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Wildlife Code is amended by changing | 5 |
| Sections 2.10, 2.11, 2.26, and 3.1 and by adding Section 3.1-5 | 6 |
| as follows:
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| (520 ILCS 5/2.10) (from Ch. 61, par. 2.10)
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| Sec. 2.10. The Department may, on an annual basis, | 9 |
| establish a spring
wild turkey open season within the period | 10 |
| beginning on March 1
and running
through May 31, and a fall | 11 |
| wild turkey season within the period
beginning
on October 1 and | 12 |
| running through January 31. It shall be unlawful for any
person | 13 |
| to take wild turkey without possessing a valid "Wild Turkey | 14 |
| Hunting
Permit" , except as provided in Section 3.1-5 of this | 15 |
| Code . Persons holding a spring permit may take female wild | 16 |
| turkeys with
visible beards or male wild turkeys during the | 17 |
| spring open season. Persons
holding a fall permit may take | 18 |
| turkeys of either sex during the fall open
season. The | 19 |
| Department shall cause notice of administrative rules setting
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| forth the prescribed rules and regulations, including those | 21 |
| counties of the
State where open seasons are established, to be | 22 |
| given in accordance with
Sections 1.3 and 1.13.
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| (Source: P.A. 89-341, eff. 8-17-95.)
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LRB094 17166 RSP 56880 a |
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| (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
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| Sec. 2.11. Before any person may lawfully hunt wild turkey, | 3 |
| he shall first
obtain a "Wild Turkey Hunting Permit" , except as | 4 |
| provided in Section 3.1-5 of this Code, in accordance with the | 5 |
| prescribed
regulations set forth in an administrative rule of | 6 |
| the Department. The
fee for a Resident Wild Turkey Hunting | 7 |
| Permit shall not exceed $15.
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| Upon submitting suitable evidence of legal residence in any | 9 |
| other state,
non-residents shall be charged a fee not to exceed | 10 |
| $125 for wild
turkey hunting
permits, except as provided below | 11 |
| for non-resident land owners.
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| Permits shall be issued without charge to:
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| (a) Illinois landowners residing in Illinois who own at | 14 |
| least 40 acres of
Illinois land and wish to hunt on their | 15 |
| land only,
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| (b) resident tenants of at least 40 acres of commercial
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| agricultural land, and
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| (c) shareholders of a corporation which owns at least | 19 |
| 40 acres of
land in a county in Illinois who wish to hunt | 20 |
| on the corporation's land only.
One permit shall be issued | 21 |
| without charge to one shareholder for each 40
acres of land | 22 |
| owned by the corporation in a county; however, the number | 23 |
| of
permits issued without charge to shareholders of any | 24 |
| corporation in any
county shall not exceed 15.
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| The turkey hunting permit issued without fee shall be valid | 26 |
| on all lands
upon which the person to whom it is issued owns, | 27 |
| leases or rents, except
that in the case of a permit issued | 28 |
| without charge to a shareholder of a
corporation, the permit | 29 |
| shall be valid on all lands owned by the
corporation in the | 30 |
| county.
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| The Department may by administrative rule allocate and | 32 |
| issue non-resident
Wild Turkey Permits and establish fees for | 33 |
| such permits.
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| It shall be unlawful to take wild turkey except by use of a |
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LRB094 17166 RSP 56880 a |
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| bow and arrow
or a shotgun of not larger than 10 nor smaller | 2 |
| than 20 gauge with shot
size not larger than No. 4, and no | 3 |
| person while attempting to so take
wild turkey may have in his | 4 |
| possession any other gun.
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| It shall be unlawful to take, or attempt to take wild | 6 |
| turkey except
during the time from 1/2 hour before sunrise to | 7 |
| 1/2 hour after sunset or during
such lesser period of time as | 8 |
| may be specified by administrative rule,
during those days for | 9 |
| which an open season is established.
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| It shall be unlawful for any person to take, or attempt to | 11 |
| take, wild
turkey by use of dogs, horses, automobiles, aircraft | 12 |
| or other vehicles,
or conveyances, or by the use of bait of any | 13 |
| kind.
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| It is unlawful for any person to take in Illinois or have | 15 |
| in his possession
more than one wild turkey per valid permit.
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| (Source: P.A. 92-177, eff. 7-27-01.)
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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 | 19 |
| fide equity shareholder" means an individual who (1) purchased, | 20 |
| 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 | 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 | 26 |
| corporation accurately reflecting his or her
percentage of | 27 |
| ownership and (2) intends to retain the ownership of the
shares | 28 |
| of stock for at least 5 years.
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| In this Section, "bona fide equity member" means an | 30 |
| individual who (1) (i)
became a member
upon
the formation of | 31 |
| the limited liability company or (ii) has purchased a
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| distributional interest in a limited liability company for a | 33 |
| value equal to the
percentage of the appraised value of the LLC |
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LRB094 17166 RSP 56880 a |
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| assets represented by the
distributional interest in the LLC | 2 |
| and subsequently becomes a member of the
company
pursuant to | 3 |
| 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 | 6 |
| individual who (1) (i) became a partner, either general or | 7 |
| limited, upon the formation of a partnership or limited | 8 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 9 |
| partnership interest accurately representing his or her | 10 |
| percentage distributional interest in the profits, losses, and | 11 |
| assets of a partnership or limited partnership, (2) intends to | 12 |
| retain ownership of the partnership interest for at least 5 | 13 |
| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a | 15 |
| "Deer
Hunting Permit" , except as provided in Section 3.1-5 of | 16 |
| this Code, in accordance with prescribed regulations set forth | 17 |
| in an
Administrative Rule. Deer Hunting Permits shall be issued | 18 |
| by the Department.
The fee for a Deer Hunting Permit to take | 19 |
| deer with either bow and arrow or gun
shall not exceed $15.00 | 20 |
| for residents of the State. The Department may by
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| administrative rule provide for non-resident deer hunting | 22 |
| permits for which the
fee will not exceed $300 in 2005, $350 in | 23 |
| 2006, and $400 in 2007 and thereafter except as provided below | 24 |
| for non-resident landowners
and non-resident archery hunters. | 25 |
| The Department may by
administrative rule provide for a | 26 |
| non-resident archery deer permit consisting
of not more than 2 | 27 |
| harvest tags at a total cost not to exceed $325 in 2005, $375 | 28 |
| in 2006, and $425 in 2007 and thereafter.
Permits shall be | 29 |
| issued without charge to:
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| (a) Illinois landowners residing in Illinois who own at | 31 |
| least 40 acres of
Illinois land and wish to hunt their land | 32 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 34 |
| 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 | 3 |
| bona fide equity partners of a general or limited | 4 |
| partnership
which owns at least 40 acres of land
in a | 5 |
| county in Illinois who wish to hunt on the corporation's, | 6 |
| company's, or partnership's land only.
One permit shall be | 7 |
| issued without charge to one bona fide equity
shareholder, | 8 |
| one bona fide equity member, or one bona fide equity | 9 |
| partner for each 40
acres of land owned by the corporation, | 10 |
| company, or partnership in
a county; however, the number of
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| permits issued without charge to bona fide equity | 12 |
| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not | 14 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 15 |
| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt | 17 |
| only on the land
they own, rent, or lease or bona fide equity | 18 |
| shareholders, bona fide
equity
members, or bona fide equity | 19 |
| partners who do not wish to hunt
only on the
land owned by the | 20 |
| corporation, limited liability company, or partnership
shall | 21 |
| be
charged the same fee as the
applicant who is not a | 22 |
| landowner, tenant, bona fide equity
shareholder,
bona fide | 23 |
| 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 | 25 |
| their land only
shall be charged a fee set by administrative | 26 |
| rule. The method for
obtaining these permits shall be | 27 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 29 |
| on
all farm lands which the person to whom it is issued owns, | 30 |
| leases or rents,
except that in the case of a permit issued to | 31 |
| a bona fide equity
shareholder, bona fide equity member, or | 32 |
| bona fide equity partner, the
permit shall
be valid on all | 33 |
| lands owned by the corporation, limited liability
company, or | 34 |
| partnership in the county.
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| The standards and specifications for use of guns and bow | 2 |
| and arrow for
deer hunting shall be established by | 3 |
| administrative rule.
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| No person may have in his possession any firearm not | 5 |
| authorized by
administrative rule for a specific hunting season | 6 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be | 8 |
| permitted to
take deer only during the period from 1/2 hour | 9 |
| before sunrise to
sunset, and only during those days for which | 10 |
| an open season is
established for the taking of deer by use of | 11 |
| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 13 |
| permitted to
take deer only during the period from 1/2 hour | 14 |
| before sunrise to 1/2 hour
after sunset, and only during those | 15 |
| days for which an open season is
established for the taking of | 16 |
| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 18 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 19 |
| the use of salt
or bait of any kind. An area is considered as | 20 |
| baited during the presence
of and for 10 consecutive days | 21 |
| following the removal of bait. Nothing in this Section shall | 22 |
| prohibit the use of a dog to track wounded deer. Any person | 23 |
| using a dog for tracking wounded deer must maintain physical | 24 |
| control of the dog at all times by means of a maximum 50 foot | 25 |
| lead attached to the dog's collar or harness. Tracking wounded | 26 |
| deer is permissible at night, but at no time outside of legal | 27 |
| deer hunting hours or seasons shall any person handling or | 28 |
| accompanying a dog being used for tracking wounded deer be in | 29 |
| possession of any firearm or archery device. Persons tracking | 30 |
| wounded deer with a dog during the firearm deer seasons shall | 31 |
| wear blaze orange as required. Dog handlers tracking wounded | 32 |
| deer with a dog are exempt from hunting license and deer permit | 33 |
| requirements so long as they are accompanied by the licensed | 34 |
| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer | 2 |
| which has
been injured or killed in any manner upon a public | 3 |
| highway or public
right-of-way of this State unless exempted by | 4 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 6 |
| arrow
device shall be carried with the arrow in the nocked | 7 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 9 |
| limit of
deer by gun, to further participate with gun in any | 10 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 12 |
| limit
of deer by bow and arrow, to further participate with bow | 13 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 15 |
| gun deer
season by administrative rule.
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| The Department shall not limit the number of non-resident | 17 |
| 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 | 19 |
| Section 2.33, to
utilize a crossbow device, as defined in | 20 |
| Department rules, to take deer.
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| Any person who violates any of the provisions of this | 22 |
| Section,
including administrative rules, shall be guilty of a | 23 |
| Class B misdemeanor.
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| (Source: P.A. 93-554, eff. 8-20-03; 93-807, eff. 7-24-04; | 25 |
| 93-823, eff. 1-1-05; 94-10, eff. 6-7-05.)
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| (520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
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| Sec. 3.1. License and stamps required.
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| (a) Before any person shall take or attempt to take any of | 29 |
| the species
protected by Section 2.2 for which an open season | 30 |
| is established under this
Act, he shall first have procured and | 31 |
| possess a valid hunting license , except as provided in Section | 32 |
| 3.1-5 of this Code .
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| Before any person 16 years of age or older shall take or
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| attempt to take any bird of the species defined as migratory | 2 |
| waterfowl by
Section 2.2, including coots, he shall first have | 3 |
| procured a State
Migratory Waterfowl Stamp.
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| Before any person 16 years of age or older takes, attempts | 5 |
| to take, or
pursues any species of wildlife protected by this | 6 |
| Code, except migratory
waterfowl, coots, and hand-reared birds | 7 |
| on licensed game breeding and hunting
preserve areas and state | 8 |
| controlled pheasant hunting areas, he or she shall
first obtain | 9 |
| a State Habitat Stamp. Disabled veterans and former prisoners | 10 |
| of
war shall not be required to obtain State Habitat Stamps. | 11 |
| Any person who
obtained a lifetime license before January 1, | 12 |
| 1993, shall not be required to
obtain State Habitat Stamps. | 13 |
| Income from the sale of State Furbearer Stamps and
State | 14 |
| Pheasant Stamps received after the effective date of this | 15 |
| amendatory Act
of 1992 shall be deposited into the State | 16 |
| Furbearer Fund and State Pheasant
Fund, respectively.
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| Before any person 16 years of age or older shall take, | 18 |
| attempt to
take, or sell the green hide of any mammal of the | 19 |
| species defined as
fur-bearing mammals by Section 2.2 for which | 20 |
| an open season is established
under this Act, he shall first | 21 |
| have procured a State Habitat Stamp.
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| (b) Before any person who is a non-resident of the State of | 23 |
| Illinois
shall take or attempt to take any of the species | 24 |
| protected by Section
2.2
for which an open season is | 25 |
| established under this Act, he shall,
unless specifically | 26 |
| exempted by law, first procure a non-resident
license as | 27 |
| provided by this Act for the taking of any wild game.
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| Before a nonresident shall take or attempt to take | 29 |
| white-tailed deer,
he shall first have procured a Deer Hunting | 30 |
| Permit as defined in Section
2.26 of this Code.
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| Before a nonresident shall take or attempt to take wild | 32 |
| turkeys, he
shall have procured a Wild Turkey Hunting Permit as | 33 |
| defined in Section 2.11
of this Code.
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| (c) The owners residing on, or bona fide tenants of, farm |
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| lands and their
children, parents, brothers, and sisters | 2 |
| actually permanently residing on
their lands shall have the | 3 |
| right to hunt any of the species protected by
Section 2.2 upon | 4 |
| their lands and waters without procuring hunting licenses;
but | 5 |
| the hunting shall be done only during periods of time and with | 6 |
| devices
and by methods as are permitted by this Act. Any person | 7 |
| on active duty
with the Armed Forces of the United States who | 8 |
| is now and who was at the
time of entering the Armed Forces a | 9 |
| resident of Illinois and who entered
the Armed Forces from this | 10 |
| State, and who is presently on ordinary leave
from the Armed | 11 |
| Forces, and any resident of Illinois who is disabled may hunt
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| any of the species protected by Section 2.2 without procuring a | 13 |
| hunting
license, but the hunting shall be done only during such | 14 |
| periods of time and
with devices and by methods as are | 15 |
| permitted by this Act. For the purpose of
this Section a person | 16 |
| is disabled when that person has a Type 1 or Type 4,
Class 2 | 17 |
| disability as defined in Section 4A of the Illinois | 18 |
| Identification Card
Act. For purposes of this Section, an | 19 |
| Illinois Disabled Person Identification
Card issued pursuant | 20 |
| to the Illinois Identification Card Act indicating that
the | 21 |
| person named has a Type 1 or Type 4, Class 2 disability shall | 22 |
| be adequate
documentation of the disability.
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| (d) A courtesy non-resident license, permit, or stamp for | 24 |
| taking game
may be issued at the
discretion of the Director, | 25 |
| without fee, to any person officially employed
in the game and | 26 |
| fish or conservation department of another state or of the
| 27 |
| United States who is within the State to assist or consult or | 28 |
| cooperate
with the Director; or to the officials of other | 29 |
| states, the United States,
foreign countries, or officers or | 30 |
| representatives of conservation
organizations or publications | 31 |
| while in the State as guests of the Governor
or Director. The | 32 |
| Director may provide to nonresident participants and
official | 33 |
| gunners at field trials an exemption from licensure while
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| participating in a field trial.
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| (e) State Migratory Waterfowl Stamps shall be required for | 2 |
| those persons
qualifying under subsections (c) and (d) who | 3 |
| intend to hunt migratory
waterfowl, including coots, to the | 4 |
| extent that hunting licenses of the
various types are | 5 |
| authorized and required by this Section for those persons.
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| (f) Registration in the U.S. Fish and Wildlife Migratory | 7 |
| Bird Harvest
Information Program shall be required for those | 8 |
| persons who are required to
have a hunting license before | 9 |
| taking
or attempting to take any bird of the species defined as | 10 |
| migratory game birds
by Section 2.2, except that this | 11 |
| subsection shall not apply to crows in this
State
or | 12 |
| hand-reared birds on licensed game breeding and hunting | 13 |
| preserve areas, for
which an open season is established by this | 14 |
| Act. Persons registering with the
Program must carry proof of | 15 |
| registration with them while migratory bird
hunting.
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| The Department shall publish suitable prescribed | 17 |
| regulations pertaining to
registration by the migratory bird | 18 |
| hunter in the U.S. Fish and Wildlife Service
Migratory Bird | 19 |
| Harvest Information Program.
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| (Source: P.A. 92-177, eff. 7-27-01.)
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| (520 ILCS 5/3.1-5 new) | 22 |
| Sec. 3.1-5. Apprentice hunter program. Beginning 90 days | 23 |
| after the effective date of this amendatory Act of the 94th | 24 |
| General Assembly, the Department shall establish an apprentice | 25 |
| hunter program authorizing a resident parent, guardian, or | 26 |
| grandparent of a youth who is at least 10 years old and not | 27 |
| more than 15 years old to apply to the Department for an | 28 |
| Apprentice Hunter Permit when that resident applicant applies | 29 |
| for any permit or hunting license under this Code. In order to | 30 |
| be eligible for this Apprentice Hunter Permit the applicant | 31 |
| must be a resident of Illinois, meet the requirements for | 32 |
| obtaining the permit or license for which the applicant is | 33 |
| applying, request an Apprentice Hunter Permit on a form |
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| designated and made available by the Department, and submit a | 2 |
| $7 fee, which is separate from and additional to any other | 3 |
| stamp, permit, tag, or license fee required under this Code. | 4 |
| For approved applicants, the Department shall issue an | 5 |
| Apprentice Hunter Permit that authorizes a designated son, | 6 |
| daughter, ward, or grandchild of the permit holder to exercise | 7 |
| the same hunting privileges as the permit holder when | 8 |
| accompanying that permit holder on a supervised hunt. The | 9 |
| Department shall adopt suitable administrative rules that are | 10 |
| reasonable and necessary for the administration of the program, | 11 |
| but shall not require any certificate of competency or other | 12 |
| hunting education as a condition of the Apprentice Hunter | 13 |
| Permit. ".
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