Full Text of HB4819 97th General Assembly
HB4819ham001 97TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 3/26/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4819
| 2 | | AMENDMENT NO. ______. Amend House Bill 4819 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wildlife Code is amended by changing | 5 | | Sections 2.25, 2.26, and 2.33 as follows:
| 6 | | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
| 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, or a special 2-day, youth-only season | 15 | | between the dates of September 1 and October 31.
For the | 16 | | purposes of this Section, legal handguns include any centerfire
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| 1 | | handguns of .30
caliber or larger with a minimum barrel length | 2 | | of 4 inches. The only legal
ammunition
for a centerfire handgun | 3 | | is a cartridge of .30 caliber or larger with a
capability of at | 4 | | least
500 foot pounds of energy at the muzzle. Full metal | 5 | | jacket bullets may not be
used to
harvest deer.
| 6 | | The Department shall make administrative rules concerning | 7 | | management
restrictions applicable to the firearm and bow and | 8 | | arrow season.
| 9 | | It shall be unlawful for any person to take deer except | 10 | | with a bow and
arrow , or crossbow device for handicapped | 11 | | persons,
as defined in Section
2.33, and persons age 62 or | 12 | | older during the open season for bow and arrow set annually by | 13 | | the Director
between the dates of September 1st and January | 14 | | 31st, both inclusive.
| 15 | | It shall be unlawful for any person to take deer except | 16 | | with (i) a
muzzleloading rifle, or (ii) bow and arrow , or | 17 | | crossbow device for
handicapped persons, as defined in Section | 18 | | 2.33, and persons age 62 or older during the open season for
| 19 | | muzzleloading rifles set annually by the Director.
| 20 | | The Director shall cause an administrative rule setting | 21 | | forth the
prescribed rules and regulations, including bag and | 22 | | possession limits and
those counties of the State where open | 23 | | seasons are established, to be
published in accordance with | 24 | | Sections 1.3 and 1.13 of this Act.
| 25 | | The Department may establish separate harvest periods for | 26 | | the purpose of
managing or eradicating disease that has been |
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| 1 | | found in the deer herd. This
season shall be restricted to gun | 2 | | or bow and arrow hunting only. The Department
shall publicly | 3 | | announce, via statewide news release, the season dates and
| 4 | | shooting hours, the counties and sites open to hunting, permit | 5 | | requirements,
application dates, hunting rules, legal weapons, | 6 | | and reporting requirements.
| 7 | | The Department is authorized to establish a separate | 8 | | harvest period at
specific sites within the State for the | 9 | | purpose of harvesting
surplus deer that cannot be taken during | 10 | | the regular season provided for
the taking of deer. This season | 11 | | shall be restricted to gun or bow and
arrow hunting only and | 12 | | shall be established during the period of September 1st
to | 13 | | February 15th, both inclusive. The Department shall publish | 14 | | suitable
prescribed rules and regulations established by | 15 | | administrative rule pertaining
to management restrictions | 16 | | applicable to this special harvest program. The Department | 17 | | shall allow unused gun deer permits that are left over from a | 18 | | regular season for the taking of deer to be rolled over and | 19 | | used during any separate harvest period held within 6 months of | 20 | | the season for which those tags were issued at no additional | 21 | | cost to the permit holder subject to the management | 22 | | restrictions applicable to the special harvest program.
| 23 | | (Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329, | 24 | | eff. 8-21-07; 95-876, eff. 8-21-08.)
| 25 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| 1 | | Sec. 2.26. Deer hunting permits. In this Section,
"bona | 2 | | fide equity shareholder" means an individual who (1) purchased, | 3 | | for
market price, publicly sold stock shares in a corporation,
| 4 | | purchased shares of a privately-held corporation for a value
| 5 | | equal to the percentage of the appraised value of the corporate | 6 | | assets
represented by the ownership in the corporation, or is a | 7 | | member of a
closely-held family-owned corporation and has | 8 | | purchased or been gifted with
shares of stock in the | 9 | | corporation accurately reflecting his or her
percentage of | 10 | | ownership and (2) intends to retain the ownership of the
shares | 11 | | of stock for at least 5 years.
| 12 | | In this Section, "bona fide equity member" means an | 13 | | individual who (1) (i)
became a member
upon
the formation of | 14 | | the limited liability company or (ii) has purchased a
| 15 | | distributional interest in a limited liability company for a | 16 | | value equal to the
percentage of the appraised value of the LLC | 17 | | assets represented by the
distributional interest in the LLC | 18 | | and subsequently becomes a member of the
company
pursuant to | 19 | | Article 30 of the Limited Liability Company Act and who (2)
| 20 | | intends to retain the membership for at least 5 years.
| 21 | | In this Section, "bona fide equity partner" means an | 22 | | individual who (1) (i) became a partner, either general or | 23 | | limited, upon the formation of a partnership or limited | 24 | | partnership, or (ii) has purchased, acquired, or been gifted a | 25 | | partnership interest accurately representing his or her | 26 | | percentage distributional interest in the profits, losses, and |
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| 1 | | assets of a partnership or limited partnership, (2) intends to | 2 | | retain ownership of the partnership interest for at least 5 | 3 | | years, and (3) is a resident of Illinois.
| 4 | | Any person attempting to take deer shall first obtain a | 5 | | "Deer
Hunting Permit" issued by the Department in accordance | 6 | | with its administrative rules.
Those rules must provide for the | 7 | | issuance of the following types of resident deer archery | 8 | | permits: (i) a combination permit, consisting of one either-sex | 9 | | permit and one antlerless-only permit, (ii) a single | 10 | | antlerless-only permit, and (iii) a single either-sex permit. | 11 | | The fee for a Deer Hunting Permit to take deer with either bow | 12 | | and arrow or gun
shall not exceed $25.00 for residents of the | 13 | | State. The Department may by
administrative rule provide for | 14 | | non-resident deer hunting permits for which the
fee will not | 15 | | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | 16 | | thereafter except as provided below for non-resident | 17 | | landowners
and non-resident archery hunters. The Department | 18 | | may by
administrative rule provide for a non-resident archery | 19 | | deer permit consisting
of not more than 2 harvest tags at a | 20 | | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | 21 | | in 2007 and thereafter.
Permits shall be issued without charge | 22 | | to:
| 23 | | (a) Illinois landowners residing in Illinois who own at | 24 | | least 40 acres of
Illinois land and wish to hunt their land | 25 | | only,
| 26 | | (b) resident tenants of at least 40 acres of commercial |
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| 1 | | agricultural land
where they will hunt, and
| 2 | | (c) Bona fide equity shareholders of a corporation,
| 3 | | bona fide
equity
members of a limited liability
company, or | 4 | | bona fide equity partners of a general or limited | 5 | | partnership
which owns at least 40 acres of land
in a | 6 | | county in Illinois who wish to hunt on the corporation's, | 7 | | company's, or partnership's land only.
One permit shall be | 8 | | issued without charge to one bona fide equity
shareholder, | 9 | | one bona fide equity member, or one bona fide equity | 10 | | partner for each 40
acres of land owned by the corporation, | 11 | | company, or partnership in
a county; however, the number of
| 12 | | permits issued without charge to bona fide equity | 13 | | shareholders of any
corporation or bona fide equity members
| 14 | | of a limited
liability company in any
county shall not | 15 | | exceed 15, and shall not exceed 3 in the case of bona fide | 16 | | equity partners of a partnership.
| 17 | | Bona fide landowners or tenants who do not wish to hunt | 18 | | only on the land
they own, rent, or lease or bona fide equity | 19 | | shareholders, bona fide
equity
members, or bona fide equity | 20 | | partners who do not wish to hunt
only on the
land owned by the | 21 | | corporation, limited liability company, or partnership
shall | 22 | | be
charged the same fee as the
applicant who is not a | 23 | | landowner, tenant, bona fide equity
shareholder,
bona fide | 24 | | equity member, or bona fide equity partner. Nonresidents
of
| 25 | | Illinois who own at least 40 acres of land and wish to hunt on | 26 | | their land only
shall be charged a fee set by administrative |
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| 1 | | rule. The method for
obtaining these permits shall be | 2 | | prescribed by administrative rule.
| 3 | | The deer hunting permit issued without fee shall be valid | 4 | | on
all farm lands which the person to whom it is issued owns, | 5 | | leases or rents,
except that in the case of a permit issued to | 6 | | a bona fide equity
shareholder, bona fide equity member, or | 7 | | bona fide equity partner, the
permit shall
be valid on all | 8 | | lands owned by the corporation, limited liability
company, or | 9 | | partnership in the county.
| 10 | | The standards and specifications for use of guns and bow | 11 | | and arrow for
deer hunting shall be established by | 12 | | administrative rule.
| 13 | | No person may have in his possession any firearm not | 14 | | authorized by
administrative rule for a specific hunting season | 15 | | when taking deer.
| 16 | | Persons having a firearm deer hunting permit shall be | 17 | | permitted to
take deer only during the period from 1/2 hour | 18 | | before sunrise to
1/2 hour after sunset, and only during those | 19 | | days for which an open season is
established for the taking of | 20 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 21 | | Persons having an archery deer hunting permit shall be | 22 | | permitted to
take deer only during the period from 1/2 hour | 23 | | before sunrise to 1/2 hour
after sunset, and only during those | 24 | | days for which an open season is
established for the taking of | 25 | | deer by use of bow and arrow.
| 26 | | It shall be unlawful for any person to take deer by use of |
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| 1 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 2 | | the use
or aid of bait or baiting of any kind. For the purposes | 3 | | of this Section, "bait" means any material, whether liquid or | 4 | | solid, including food, salt, minerals, and other products that | 5 | | can be ingested, placed, or scattered in such a manner as to | 6 | | attract or lure white-tailed deer. "Baiting" means the | 7 | | placement or scattering of bait to attract deer. An area is | 8 | | considered as baited during the presence
of and for 10 | 9 | | consecutive days following the removal of bait. Nothing in this | 10 | | Section shall prohibit the use of a dog to track wounded deer. | 11 | | Any person using a dog for tracking wounded deer must maintain | 12 | | physical control of the dog at all times by means of a maximum | 13 | | 50 foot lead attached to the dog's collar or harness. Tracking | 14 | | wounded deer is permissible at night, but at no time outside of | 15 | | legal deer hunting hours or seasons shall any person handling | 16 | | or accompanying a dog being used for tracking wounded deer be | 17 | | in possession of any firearm or archery device. Persons | 18 | | tracking wounded deer with a dog during the firearm deer | 19 | | seasons shall wear blaze orange as required. Dog handlers | 20 | | tracking wounded deer with a dog are exempt from hunting | 21 | | license and deer permit requirements so long as they are | 22 | | accompanied by the licensed deer hunter who wounded the deer.
| 23 | | It shall be unlawful to possess or transport any wild deer | 24 | | which has
been injured or killed in any manner upon a public | 25 | | highway or public
right-of-way of this State unless exempted by | 26 | | administrative rule.
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| 1 | | Persons hunting deer must have gun unloaded and no bow and | 2 | | arrow
device shall be carried with the arrow in the nocked | 3 | | position during
hours when deer hunting is unlawful.
| 4 | | It shall be unlawful for any person, having taken the legal | 5 | | limit of
deer by gun, to further participate with gun in any | 6 | | deer hunting party.
| 7 | | It shall be unlawful for any person, having taken the legal | 8 | | limit
of deer by bow and arrow, to further participate with bow | 9 | | and arrow in any
deer hunting party.
| 10 | | The Department may prohibit upland game hunting during the | 11 | | gun deer
season by administrative rule.
| 12 | | The Department shall not limit the number of non-resident | 13 | | either sex archery deer hunting permits to less than 20,000.
| 14 | | It shall be legal for handicapped persons, as defined in | 15 | | Section 2.33, and persons age 62 or older to
utilize a crossbow | 16 | | device, as defined in Department rules, to take deer.
| 17 | | Any person who violates any of the provisions of this | 18 | | Section,
including administrative rules, shall be guilty of a | 19 | | Class B misdemeanor.
| 20 | | For the purposes of calculating acreage under this Section, | 21 | | the Department shall, after determining the total acreage of | 22 | | the applicable tract or tracts of land, round remaining | 23 | | fractional portions of an acre greater than or equal to half of | 24 | | an acre up to the next whole acre. | 25 | | For the purposes of taking white-tailed deer, nothing in | 26 | | this Section shall be construed to prevent the manipulation, |
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| 1 | | including mowing or cutting, of standing crops as a normal | 2 | | agricultural or soil stabilization practice, food plots, or | 3 | | normal agricultural practices, including planting, harvesting, | 4 | | and maintenance such as cultivating or the use of products | 5 | | designed for scent only and not capable of ingestion, solid or | 6 | | liquid, placed or scattered, in such a manner as to attract or | 7 | | lure deer. Such manipulation for the purpose of taking | 8 | | white-tailed deer may be further modified by administrative | 9 | | rule. | 10 | | (Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10; | 11 | | 96-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
| 12 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 13 | | Sec. 2.33. Prohibitions.
| 14 | | (a) It is unlawful to carry or possess any gun in any
State | 15 | | refuge unless otherwise permitted by administrative rule.
| 16 | | (b) It is unlawful to use or possess any snare or | 17 | | snare-like device,
deadfall, net, or pit trap to take any | 18 | | species, except that snares not
powered by springs or other | 19 | | mechanical devices may be used to trap
fur-bearing mammals, in | 20 | | water sets only, if at least one-half of the snare
noose is | 21 | | located underwater at all times.
| 22 | | (c) It is unlawful for any person at any time to take a | 23 | | wild mammal
protected by this Act from its den by means of any | 24 | | mechanical device,
spade, or digging device or to use smoke or | 25 | | other gases to dislodge or
remove such mammal except as |
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| 1 | | provided in Section 2.37.
| 2 | | (d) It is unlawful to use a ferret or any other small | 3 | | mammal which is
used in the same or similar manner for which | 4 | | ferrets are used for the
purpose of frightening or driving any | 5 | | mammals from their dens or hiding places.
| 6 | | (e) (Blank).
| 7 | | (f) It is unlawful to use spears, gigs, hooks or any like | 8 | | device to
take any species protected by this Act.
| 9 | | (g) It is unlawful to use poisons, chemicals or explosives | 10 | | for the
purpose of taking any species protected by this Act.
| 11 | | (h) It is unlawful to hunt adjacent to or near any peat, | 12 | | grass,
brush or other inflammable substance when it is burning.
| 13 | | (i) It is unlawful to take, pursue or intentionally harass | 14 | | or disturb
in any manner any wild birds or mammals by use or | 15 | | aid of any vehicle or
conveyance, except as permitted by the | 16 | | Code of Federal Regulations for the
taking of waterfowl. It is | 17 | | also unlawful to use the lights of any vehicle
or conveyance or | 18 | | any light from or any light connected to the
vehicle or | 19 | | conveyance in any area where wildlife may be found except in
| 20 | | accordance with Section 2.37 of this Act; however, nothing in | 21 | | this
Section shall prohibit the normal use of headlamps for the | 22 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 23 | | fox, gray
fox, raccoon and coyote may be taken during the open | 24 | | season by use of a small
light which is worn on the body or | 25 | | hand-held by a person on foot and not in any
vehicle.
| 26 | | (j) It is unlawful to use any shotgun larger than 10 gauge |
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| 1 | | while
taking or attempting to take any of the species protected | 2 | | by this Act.
| 3 | | (k) It is unlawful to use or possess in the field any | 4 | | shotgun shell loaded
with a shot size larger than lead BB or | 5 | | steel T (.20 diameter) when taking or
attempting to take any | 6 | | species of wild game mammals (excluding white-tailed
deer), | 7 | | wild game birds, migratory waterfowl or migratory game birds | 8 | | protected
by this Act, except white-tailed deer as provided for | 9 | | in Section 2.26 and other
species as provided for by subsection | 10 | | (l) or administrative rule.
| 11 | | (l) It is unlawful to take any species of wild game, except
| 12 | | white-tailed deer, with a shotgun loaded with slugs unless | 13 | | otherwise
provided for by administrative rule.
| 14 | | (m) It is unlawful to use any shotgun capable of holding | 15 | | more than 3
shells in the magazine or chamber combined, except | 16 | | on game breeding and
hunting preserve areas licensed under | 17 | | Section 3.27 and except as permitted by
the Code of Federal | 18 | | Regulations for the taking of waterfowl. If the shotgun
is | 19 | | capable of holding more than 3 shells, it shall, while being | 20 | | used on an
area other than a game breeding and shooting | 21 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 22 | | a one piece plug that is
irremovable without dismantling the | 23 | | shotgun or otherwise altered to
render it incapable of holding | 24 | | more than 3 shells in the magazine and
chamber, combined.
| 25 | | (n) It is unlawful for any person, except persons who | 26 | | possess a permit to
hunt from a vehicle as provided in this |
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| 1 | | Section and persons otherwise permitted
by law, to have or | 2 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 3 | | unless such gun is unloaded and enclosed in a case, except that | 4 | | at field trials
authorized by Section 2.34 of this Act, | 5 | | unloaded guns or guns loaded with blank
cartridges only, may be | 6 | | carried on horseback while not contained in a case, or
to have | 7 | | or carry any bow or arrow device in or on any vehicle unless | 8 | | such bow
or arrow device is unstrung or enclosed in a case, or | 9 | | otherwise made
inoperable.
| 10 | | (o) It is unlawful to use any crossbow for the purpose of | 11 | | taking any
wild birds or mammals, except as provided for in | 12 | | Section 2.33.
| 13 | | (p) It is unlawful to take game birds, migratory game birds | 14 | | or
migratory waterfowl with a rifle, pistol, revolver or | 15 | | airgun.
| 16 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 17 | | airgun on,
over or into any waters of this State, including | 18 | | frozen waters.
| 19 | | (r) It is unlawful to discharge any gun , crossbow, or bow | 20 | | and arrow device
along, upon, across, or from any public | 21 | | right-of-way or highway in this State.
| 22 | | (s) It is unlawful to use a silencer or other device to | 23 | | muffle or
mute the sound of the explosion or report resulting | 24 | | from the firing of
any gun.
| 25 | | (t) It is unlawful for any person to trap or hunt, or | 26 | | intentionally or wantonly allow a dog to
hunt, within or upon |
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| 1 | | the land of another, or upon waters flowing over or
standing on | 2 | | the land of another, without first obtaining permission from
| 3 | | the owner or tenant. It shall be prima facie evidence that a | 4 | | person does
not have permission of the owner or tenant if the | 5 | | person is unable to
demonstrate to the law enforcement officer | 6 | | in the field that permission had
been obtained. This provision | 7 | | may only be rebutted by testimony of the
owner or tenant that | 8 | | permission had been given. Before enforcing this
Section the | 9 | | law enforcement officer must have received notice from the
| 10 | | owner or tenant of a violation of this Section. Statements made | 11 | | to the
law enforcement officer regarding this notice shall not | 12 | | be rendered
inadmissible by the hearsay rule when offered for | 13 | | the purpose of showing the
required notice.
| 14 | | (u) It is unlawful for any person to discharge any firearm | 15 | | for the purpose
of taking any of the species protected by this | 16 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 17 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 18 | | without
first obtaining permission from the owner or tenant, | 19 | | except that while
trapping, hunting with bow and arrow, hunting | 20 | | with dog and shotgun using shot
shells only, or hunting with | 21 | | shotgun using shot shells only, or
on licensed game breeding | 22 | | and hunting preserve areas, as defined in Section
3.27, on | 23 | | property operated under a Migratory Waterfowl Hunting Area | 24 | | Permit, on
federally owned and managed lands and on Department | 25 | | owned, managed, leased or
controlled lands, a 100 yard | 26 | | restriction shall apply.
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| 1 | | (v) It is unlawful for any person to remove fur-bearing | 2 | | mammals from, or
to move or disturb in any manner, the traps | 3 | | owned by another person without
written authorization of the | 4 | | owner to do so.
| 5 | | (w) It is unlawful for any owner of a dog to knowingly or | 6 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 7 | | except that nothing in this Section shall prohibit the tracking | 8 | | of wounded deer with a dog in accordance with the provisions of | 9 | | Section 2.26 of this Code.
| 10 | | (x) It is unlawful for any person to wantonly or carelessly | 11 | | injure
or destroy, in any manner whatsoever, any real or | 12 | | personal property on
the land of another while engaged in | 13 | | hunting or trapping thereon.
| 14 | | (y) It is unlawful to hunt wild game protected by this Act | 15 | | between one
half hour after sunset and one half hour before | 16 | | sunrise, except that
hunting hours between one half hour after | 17 | | sunset and one half hour
before sunrise may be established by | 18 | | administrative rule for fur-bearing
mammals.
| 19 | | (z) It is unlawful to take any game bird (excluding wild | 20 | | turkeys and
crippled pheasants not capable of normal flight and | 21 | | otherwise irretrievable)
protected by this Act when not flying. | 22 | | Nothing in this Section shall prohibit
a person from carrying | 23 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 24 | | crippled migratory waterfowl that is incapable of normal | 25 | | flight, for the
purpose of attempting to reduce the migratory | 26 | | waterfowl to possession, provided
that the attempt is made |
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| 1 | | immediately upon downing the migratory waterfowl and
is done | 2 | | within 400 yards of the blind from which the migratory | 3 | | waterfowl was
downed. This exception shall apply only to | 4 | | migratory game birds that are not
capable of normal flight. | 5 | | Migratory waterfowl that are crippled may be taken
only with a | 6 | | shotgun as regulated by subsection (j) of this Section using
| 7 | | shotgun shells as regulated in subsection (k) of this Section.
| 8 | | (aa) It is unlawful to use or possess any device that may | 9 | | be used for
tree climbing or cutting, while hunting fur-bearing | 10 | | mammals, excluding coyotes.
| 11 | | (bb) It is unlawful for any person, except licensed game | 12 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 13 | | possess alive in this
State any species of wildlife taken | 14 | | outside of this State, without
obtaining permission to do so | 15 | | from the Director.
| 16 | | (cc) It is unlawful for any person to have in his or her
| 17 | | possession any freshly killed species protected by this Act | 18 | | during the season
closed for taking.
| 19 | | (dd) It is unlawful to take any species protected by this | 20 | | Act and retain
it alive except as provided by administrative | 21 | | rule.
| 22 | | (ee) It is unlawful to possess any rifle while in the field | 23 | | during gun
deer season except as provided in Section 2.26 and | 24 | | administrative rules.
| 25 | | (ff) It is unlawful for any person to take any species | 26 | | protected by
this Act, except migratory waterfowl, during the |
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| 1 | | gun deer hunting season in
those counties open to gun deer | 2 | | hunting, unless he or she wears, when in
the field, a cap and | 3 | | upper outer garment of a solid blaze orange color, with
such | 4 | | articles of clothing displaying a minimum of 400 square inches | 5 | | of
blaze orange material.
| 6 | | (gg) It is unlawful during the upland game season for any | 7 | | person to take
upland game with a firearm unless he or she | 8 | | wears, while in the field, a
cap of solid blaze orange color. | 9 | | For purposes of this Act, upland game is
defined as Bobwhite | 10 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 11 | | Cottontail and Swamp Rabbit.
| 12 | | (hh) It shall be unlawful to kill or cripple any species | 13 | | protected by
this Act for which there is a daily bag limit | 14 | | without making a reasonable
effort to retrieve such species and | 15 | | include such in the daily bag limit.
| 16 | | (ii) This Section shall apply only to those species | 17 | | protected by this
Act taken within the State. Any species or | 18 | | any parts thereof, legally taken
in and transported from other | 19 | | states or countries, may be possessed
within the State, except | 20 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 21 | | (jj) Nothing contained in this Section shall prohibit the | 22 | | use of bow
and arrow, prohibit the use of a crossbow by persons | 23 | | age 62 or older , or prevent the Director from issuing permits | 24 | | to use a crossbow
to handicapped persons as provided by | 25 | | administrative rule. As used herein,
"handicapped persons" | 26 | | means those persons who have a physical
impairment due to |
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| 1 | | injury or disease, congenital or acquired, which renders
them | 2 | | so severely disabled as to be unable to use a conventional bow | 3 | | and arrow
device. Permits must be issued only after the receipt | 4 | | of a physician's
statement confirming the applicant is | 5 | | handicapped as defined above.
| 6 | | (kk) Nothing contained in this Section shall prohibit the | 7 | | Director
from issuing permits to paraplegics or to other | 8 | | disabled persons who meet the
requirements set forth in | 9 | | administrative rule to shoot or hunt from a vehicle
as provided | 10 | | by that rule, provided that such is otherwise in accord with | 11 | | this
Act.
| 12 | | (ll) Nothing contained in this Act shall prohibit the | 13 | | taking of aquatic
life protected by the Fish and Aquatic Life | 14 | | Code or birds and mammals
protected by this Act, except deer | 15 | | and fur-bearing mammals, from a boat not
camouflaged or | 16 | | disguised to alter its identity or to further provide a place
| 17 | | of concealment and not propelled by sail or mechanical power. | 18 | | However, only
shotguns not larger than 10 gauge nor smaller | 19 | | than .410 bore loaded with not
more than 3 shells of a shot | 20 | | size no larger than lead BB or steel T (.20
diameter) may be | 21 | | used to take species protected by this Act.
| 22 | | (mm) Nothing contained in this Act shall prohibit the use | 23 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 24 | | gauge, with a rifled barrel.
| 25 | | (Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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