Full Text of HB4632 95th General Assembly
HB4632 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4632
Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.30 |
from Ch. 61, par. 2.30 |
520 ILCS 5/2.30a new |
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520 ILCS 5/2.33 |
from Ch. 61, par. 2.33 |
520 ILCS 5/2.33a |
from Ch. 61, par. 2.33a |
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Amends the Wildlife Code. Authorizes the taking of bobcats and river otters. Authorizes the Department of Natural Resources, by rule, to require a Bobcat Harvest Permit, a River Otter Trapping Permit, and pelt tags. Sets fees. Makes changes concerning the open season for coyotes and striped skunks. Deletes restrictions concerning having green hides out of season. Makes changes concerning pursuing fur-bearing mammals with dogs and concerning illegal methods of trapping.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4632 |
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LRB095 16904 RCE 42947 b |
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| AN ACT concerning animals.
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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 | 5 |
| Sections 2.30, 2.33, and 2.33a and by adding Section 2.30a as | 6 |
| follows:
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| (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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| Sec. 2.30. Fur-bearing animals; requirements. It shall be | 9 |
| unlawful for any person to trap or to hunt
with gun, dog, dog | 10 |
| and gun, or bow and arrow, gray fox, red fox,
raccoon, weasel, | 11 |
| mink, muskrat, badger, bobcat, and opossum except during
the | 12 |
| open season which will be set annually by the Director between | 13 |
| 12:01
a.m., November 1 to 12:00 midnight, February 15, both | 14 |
| inclusive.
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| It is unlawful for any person to take bobcat or river otter
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| in this State at any time.
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| It is unlawful to pursue any fur-bearing mammal with a dog | 18 |
| or dogs
between the hours of sunset and sunrise during the | 19 |
| 5-day 10 day period
preceding the opening date of the raccoon | 20 |
| hunting season and the 5-day 10 day
period following the | 21 |
| closing date of the raccoon hunting season except
that the | 22 |
| Department may issue field trial permits in accordance with | 23 |
| Section
2.34 of this Act. A non-resident from a state with more |
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HB4632 |
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LRB095 16904 RCE 42947 b |
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| restrictive
fur-bearer pursuit regulations for any particular | 2 |
| species than provided for
that species in this Act may not | 3 |
| pursue that species in Illinois except
during the period of | 4 |
| time that Illinois residents are allowed to pursue
that species | 5 |
| in the non-resident's state of residence. Hound running areas | 6 |
| approved by the Department shall be exempt from the
provisions | 7 |
| of this Section.
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| It shall be unlawful to take beaver, weasel, mink , river | 9 |
| otter, or muskrat except during
the open season set annually by | 10 |
| the Director . Beaver, weasel, mink, badger, river otter, and | 11 |
| muskrat may be taken only by trapping methods except that a gun | 12 |
| may be used to kill such species when restrained by a trap | 13 |
| during the open trapping season , and then, only with traps .
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| It shall be unlawful for any person to trap beaver or river | 15 |
| otter with traps except during
the open season which will be | 16 |
| set annually by the Director between 12:01
a.m., November 1st | 17 |
| and 12:00 midnight, March 31 , both inclusive .
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| It shall be unlawful for any person to trap coyote or | 19 |
| striped skunk except during the open season which will be set | 20 |
| annually by the Director between 12:01 a.m., September 1 and | 21 |
| 12:00 midnight, March 1, both inclusive, and by hunting methods | 22 |
| at any time. | 23 |
| Coyote may be taken by trapping methods only during the | 24 |
| period from
September 1 to March 1, both inclusive, and by | 25 |
| hunting methods at any time.
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| Striped skunk may be taken by trapping methods only during |
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| the period
from September 1 to March 1, both inclusive, and by | 2 |
| hunting methods at
any time.
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| For the purpose of taking fur-bearing mammals, the State | 4 |
| may be
divided into management zones by administrative rule.
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| The provisions of this Section are subject to modification | 6 |
| by
administrative rule.
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| (Source: P.A. 95-196, eff. 1-1-08.)
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| (520 ILCS 5/2.30a new) | 9 |
| Sec. 2.30a. Permit and registration fees; bobcat and river | 10 |
| otter. If the Department determines that a permit system is | 11 |
| necessary to limit the harvest of bobcats, it may require | 12 |
| hunters and trappers to obtain a "Bobcat Harvest Permit" in | 13 |
| accordance with the prescribed regulations set forth in an | 14 |
| administrative rule of the Department. The fee for a Bobcat | 15 |
| Harvest Permit shall not exceed $5. | 16 |
| If the Department determines that a permit system is | 17 |
| necessary to limit the harvest of river otter, it may require | 18 |
| trappers to obtain a "River Otter Trapping Permit" in | 19 |
| accordance with the prescribed regulations set forth in an | 20 |
| administrative rule of the Department. The fee for a River | 21 |
| Otter Trapping Permit shall not exceed $5.
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| The Department may require hunters and trappers to register | 23 |
| harvested bobcats and river otters and obtain pelt tags in | 24 |
| accordance with the prescribed regulations set forth in an | 25 |
| administrative rule of the Department. The fee to register |
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| bobcats and river otters and obtain a pelt tags shall not | 2 |
| exceed $8 per animal.
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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 | 6 |
| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any snare or | 8 |
| snare-like device,
deadfall, net, or pit trap to take any | 9 |
| species, except that snares not
powered by springs or other | 10 |
| mechanical devices may be used to trap
fur-bearing mammals, in | 11 |
| water sets only, if at least one-half of the snare
noose is | 12 |
| located underwater at all times.
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| (c) It is unlawful for any person at any time to take a | 14 |
| wild mammal
protected by this Act from its den by means of any | 15 |
| mechanical device,
spade, or digging device or to use smoke or | 16 |
| other gases to dislodge or
remove such mammal except as | 17 |
| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small | 19 |
| mammal which is
used in the same or similar manner for which | 20 |
| ferrets are used for the
purpose of frightening or driving any | 21 |
| 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 | 24 |
| 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, | 3 |
| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass | 5 |
| or disturb
in any manner any wild birds or mammals by use or | 6 |
| aid of any vehicle or
conveyance, except as permitted by the | 7 |
| Code of Federal Regulations for the
taking of waterfowl. It is | 8 |
| also unlawful to use the lights of any vehicle
or conveyance or | 9 |
| any light from or any light connected to the
vehicle or | 10 |
| 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 | 12 |
| this
Section shall prohibit the normal use of headlamps for the | 13 |
| purpose of driving
upon a roadway. Striped skunk, opossum, red | 14 |
| fox, gray
fox, raccoon and coyote may be taken during the open | 15 |
| season by use of a small
light which is worn on the body or | 16 |
| 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 | 18 |
| while
taking or attempting to take any of the species protected | 19 |
| by this Act.
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| (k) It is unlawful to use or possess in the field any | 21 |
| shotgun shell loaded
with a shot size larger than lead BB or | 22 |
| steel T (.20 diameter) when taking or
attempting to take any | 23 |
| species of wild game mammals (excluding white-tailed
deer), | 24 |
| wild game birds, migratory waterfowl or migratory game birds | 25 |
| protected
by this Act, except white-tailed deer as provided for | 26 |
| 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 | 4 |
| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding | 6 |
| more than 3
shells in the magazine or chamber combined, except | 7 |
| on game breeding and
hunting preserve areas licensed under | 8 |
| Section 3.27 and except as permitted by
the Code of Federal | 9 |
| Regulations for the taking of waterfowl. If the shotgun
is | 10 |
| capable of holding more than 3 shells, it shall, while being | 11 |
| used on an
area other than a game breeding and shooting | 12 |
| preserve area licensed
pursuant to Section 3.27, be fitted with | 13 |
| a one piece plug that is
irremovable without dismantling the | 14 |
| shotgun or otherwise altered to
render it incapable of holding | 15 |
| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who | 17 |
| possess a permit to
hunt from a vehicle as provided in this | 18 |
| Section and persons otherwise permitted
by law, to have or | 19 |
| 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 | 21 |
| at field trials
authorized by Section 2.34 of this Act, | 22 |
| unloaded guns or guns loaded with blank
cartridges only, may be | 23 |
| carried on horseback while not contained in a case, or
to have | 24 |
| or carry any bow or arrow device in or on any vehicle unless | 25 |
| such bow
or arrow device is unstrung or enclosed in a case, or | 26 |
| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of | 2 |
| taking any
wild birds or mammals, except as provided for in | 3 |
| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds | 5 |
| or
migratory waterfowl with a rifle, pistol, revolver or | 6 |
| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or | 8 |
| airgun on,
over or into any waters of this State, including | 9 |
| frozen waters , except that trappers authorized by Section 3.3 | 10 |
| of this Act may kill fur-bearing mammals restrained by traps in | 11 |
| water sets during the open season .
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| (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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| (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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| (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
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| 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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| permission had been given. Before enforcing this
Section the | 2 |
| law enforcement officer must have received notice from the
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| 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.
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| (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.
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| (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.
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| (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 |
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| of wounded deer with a dog in accordance with the provisions of | 2 |
| Section 2.26 of this Code.
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| (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.
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| (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.
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| (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
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| shotgun shells as regulated in subsection (k) of this Section.
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| (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.
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| (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.
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| (cc) It is unlawful for any person to have in his or her
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| possession any freshly killed species protected by this Act | 11 |
| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this | 13 |
| Act and retain
it alive except as provided by administrative | 14 |
| rule.
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| (ee) It is unlawful to possess any rifle while in the field | 16 |
| during gun
deer season except as provided in Section 2.26 and | 17 |
| administrative rules.
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| (ff) It is unlawful for any person to take any species | 19 |
| protected by
this Act, except migratory waterfowl, during the | 20 |
| gun deer hunting season in
those counties open to gun deer | 21 |
| hunting, unless he or she wears, when in
the field, a cap and | 22 |
| upper outer garment of a solid blaze orange color, with
such | 23 |
| articles of clothing displaying a minimum of 400 square inches | 24 |
| of
blaze orange material.
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| (gg) It is unlawful during the upland game season for any | 26 |
| person to take
upland game with a firearm unless he or she |
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| wears, while in the field, a
cap of solid blaze orange color. | 2 |
| For purposes of this Act, upland game is
defined as Bobwhite | 3 |
| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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| Cottontail and Swamp Rabbit.
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| (hh) It shall be unlawful to kill or cripple any species | 6 |
| protected by
this Act for which there is a daily bag limit | 7 |
| without making a reasonable
effort to retrieve such species and | 8 |
| include such in the daily bag limit.
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| (ii) This Section shall apply only to those species | 10 |
| protected by this
Act taken within the State. Any species or | 11 |
| any parts thereof, legally taken
in and transported from other | 12 |
| states or countries, may be possessed
within the State, except | 13 |
| as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| (jj) Nothing contained in this Section shall prohibit the | 15 |
| use of bow
and arrow, prohibit the use of a crossbow by persons | 16 |
| age 62 or older, or prevent the Director from issuing permits | 17 |
| to use a crossbow
to handicapped persons as provided by | 18 |
| administrative rule. As used herein,
"handicapped persons" | 19 |
| means those persons who have a permanent physical
impairment | 20 |
| due to injury or disease, congenital or acquired, which renders
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| them so severely disabled as to be unable to use a conventional | 22 |
| bow and arrow
device. Permits will be issued only after the | 23 |
| receipt of a physician's
statement confirming the applicant is | 24 |
| handicapped as defined above.
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| (kk) Nothing contained in this Section shall prohibit the | 26 |
| Director
from issuing permits to paraplegics or to other |
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| disabled persons who meet the
requirements set forth in | 2 |
| administrative rule to shoot or hunt from a vehicle
as provided | 3 |
| by that rule, provided that such is otherwise in accord with | 4 |
| this
Act.
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| (ll) Nothing contained in this Act shall prohibit the | 6 |
| taking of aquatic
life protected by the Fish and Aquatic Life | 7 |
| Code or birds and mammals
protected by this Act, except deer | 8 |
| and fur-bearing mammals, from a boat not
camouflaged or | 9 |
| disguised to alter its identity or to further provide a place
| 10 |
| of concealment and not propelled by sail or mechanical power. | 11 |
| However, only
shotguns not larger than 10 gauge nor smaller | 12 |
| than .410 bore loaded with not
more than 3 shells of a shot | 13 |
| size no larger than lead BB or steel T (.20
diameter) may be | 14 |
| used to take species protected by this Act.
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| (mm) Nothing contained in this Act shall prohibit the use | 16 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 17 |
| gauge, with a rifled barrel.
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| (Source: P.A. 94-764, eff. 1-1-07; 95-196, eff. 1-1-08; 95-329, | 19 |
| eff. 8-21-07; revised 10-25-07.)
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| (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
| 21 |
| Sec. 2.33a. Illegal methods; trapping.
| 22 |
| (a) It is unlawful to fail to visit and remove all animals
| 23 |
| from traps staked out, set, used, tended, placed or maintained | 24 |
| at least
once each calendar day.
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| (b) It is unlawful for any person to place, set, use, or |
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| maintain a
leghold trap or one of similar construction on land, | 2 |
| that has an inside
a jaw spread
of larger than 6 1/2 inches | 3 |
| (16.6 CM), or a body-gripping trap or one of
similar | 4 |
| construction having an inside
a jaw spread larger than 7 inches | 5 |
| (17.8 CM) on
a side if square and 8 inches (20.4 CM) if round;
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| (c) It is unlawful for any person to place, set, use, or | 7 |
| maintain a
leghold trap or one of similar construction in | 8 |
| water, that has an inside
a jaw spread
of larger than 7 1/2 | 9 |
| inches (19.1 CM), or a body-gripping trap or one of
similar | 10 |
| construction having an inside
a jaw spread larger than 10 | 11 |
| inches (25.4 CM) on
a side if square and 12 inches (30.5 CM ; | 12 |
| maximum inside opening of 144 square inches ) if round ;
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| (d) It is unlawful to use any trap with saw-toothed, | 14 |
| spiked, or toothed jaws;
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| (e) It is unlawful to destroy, disturb or in any manner | 16 |
| interfere with
dams, lodges, burrows or feed beds of beaver | 17 |
| while trapping for beaver or
to set a trap inside a muskrat | 18 |
| house or beaver lodge, except that this shall
not apply to | 19 |
| Drainage Districts who are acting pursuant to the provisions
of | 20 |
| Section 2.37;
| 21 |
| (f) It is unlawful to trap beaver or river otter with: (1) | 22 |
| a leghold trap or one of similar
construction having an inside
| 23 |
| a jaw spread of less than 5 1/2 inches (13.9 CM) or
more than 7 | 24 |
| 1/2 inches (19.1 CM), or (2) a body-gripping trap or one of
| 25 |
| similar construction having an inside
a jaw spread of less than | 26 |
| 7 inches (17.7 CM) or
more than 10 inches (25.4 CM) on a side if |
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| square and 12 inches (30.5 CM ; maximum inside opening of 144 | 2 |
| square inches ) if
round , except that these restrictions shall | 3 |
| not apply during
the open season for trapping muskrats;
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| (g) It is unlawful to set traps closer than 10 feet (3.05 | 5 |
| M) from any
hole or den which may be occupied by a game mammal | 6 |
| or fur-bearing mammal
except that this restriction shall not | 7 |
| apply to water sets.
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| (h) It is unlawful to trap or attempt to trap any | 9 |
| fur-bearing mammal
with any colony, cage, box, or stove-pipe | 10 |
| trap designed to take more than one
mammal at a single setting.
| 11 |
| (i) It is unlawful for any person to set or place any trap | 12 |
| designed to
take any fur-bearing mammal protected by this Act | 13 |
| during the closed
trapping season. Proof that any trap was | 14 |
| placed during the closed trapping
season shall be deemed prima | 15 |
| facie evidence of a violation of this provision.
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| (j) It is unlawful to place, set, or maintain any leghold | 17 |
| trap or one of
similar construction within thirty (30) feet | 18 |
| (9.14 m) of bait placed in
such a manner or position that it is | 19 |
| not completely covered and concealed
from sight, except that | 20 |
| this shall not apply to underwater sets. Bait shall
mean and | 21 |
| include any bait composed of mammal, bird, or fish flesh, fur,
| 22 |
| hide, entrails or feathers.
| 23 |
| (k) (Blank).
It shall be unlawful for hunters or trappers | 24 |
| to have the green hides
of fur-bearing mammals, protected by | 25 |
| this Act, in their possession except
during the open season and | 26 |
| for an additional period of 10 days succeeding
such open |
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| season.
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| (l) It is unlawful for any person to place, set, use or | 3 |
| maintain a
snare trap or one of similar construction in water, | 4 |
| that has a loop
diameter exceeding 15 inches (38.1 CM) or a | 5 |
| cable or wire diameter of more
than 1/8 inch (3.2 MM) or less | 6 |
| than 5/64 inch (2.0 MM), that is constructed
of stainless steel | 7 |
| metal cable or wire, and that does not have a mechanical
lock, | 8 |
| anchor swivel and stop device to prevent the mechanical lock | 9 |
| from
closing the noose loop to a diameter of less than 2 1/2 | 10 |
| inches (6.4 CM).
| 11 |
| (Source: P.A. 85-152; 86-1354.)
|
|