Full Text of HB1486 94th General Assembly
HB1486enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning wildlife.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing | 5 |
| Sections 2.33 and 2.33a as follows:
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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 | 9 |
| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any cable restraint
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| snare or like
snare-like device,
deadfall, net, or pit trap to | 12 |
| take any species, except that cable restraints
snares not
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| powered by springs , spring poles, or other mechanical devices | 14 |
| may be used to trap
fur-bearing mammals on land with written | 15 |
| permission from the land owner or tenant of the land , in water | 16 |
| sets only, if at least one-half of the snare
noose is located | 17 |
| underwater at all times .
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| (c) It is unlawful for any person at any time to take a | 19 |
| wild mammal
protected by this Act from its den by means of any | 20 |
| mechanical device,
spade, or digging device or to use smoke or | 21 |
| other gases to dislodge or
remove such mammal except as | 22 |
| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small | 24 |
| mammal which is
used in the same or similar manner for which | 25 |
| ferrets are used for the
purpose of frightening or driving any | 26 |
| 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 | 29 |
| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives | 31 |
| for the
purpose of taking any species protected by this Act.
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| (h) It is unlawful to hunt adjacent to or near any peat, |
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| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass | 3 |
| or disturb
in any manner any wild birds or mammals by use or | 4 |
| aid of any vehicle or
conveyance, except as permitted by the | 5 |
| Code of Federal Regulations for the
taking of waterfowl. It is | 6 |
| also unlawful to use the lights of any vehicle
or conveyance or | 7 |
| any light from or any light connected to the
vehicle or | 8 |
| 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 | 10 |
| this
Section shall prohibit the normal use of headlamps for the | 11 |
| purpose of driving
upon a roadway. Striped skunk, opossum, red | 12 |
| fox, gray
fox, raccoon and coyote may be taken during the open | 13 |
| season by use of a small
light which is worn on the body or | 14 |
| 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 | 16 |
| while
taking or attempting to take any of the species protected | 17 |
| by this Act.
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| (k) It is unlawful to use or possess in the field any | 19 |
| shotgun shell loaded
with a shot size larger than lead BB or | 20 |
| steel T (.20 diameter) when taking or
attempting to take any | 21 |
| species of wild game mammals (excluding white-tailed
deer), | 22 |
| wild game birds, migratory waterfowl or migratory game birds | 23 |
| protected
by this Act, except white-tailed deer as provided for | 24 |
| in Section 2.26 and other
species as provided for by subsection | 25 |
| (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 | 28 |
| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding | 30 |
| more than 3
shells in the magazine or chamber combined, except | 31 |
| on game breeding and
hunting preserve areas licensed under | 32 |
| Section 3.27 and except as permitted by
the Code of Federal | 33 |
| Regulations for the taking of waterfowl. If the shotgun
is | 34 |
| capable of holding more than 3 shells, it shall, while being | 35 |
| used on an
area other than a game breeding and shooting | 36 |
| preserve area licensed
pursuant to Section 3.27, be fitted with |
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| a one piece plug that is
irremovable without dismantling the | 2 |
| shotgun or otherwise altered to
render it incapable of holding | 3 |
| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who | 5 |
| possess a permit to
hunt from a vehicle as provided in this | 6 |
| Section and persons otherwise permitted
by law, to have or | 7 |
| 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 | 9 |
| at field trials
authorized by Section 2.34 of this Act, | 10 |
| unloaded guns or guns loaded with blank
cartridges only, may be | 11 |
| carried on horseback while not contained in a case, or
to have | 12 |
| or carry any bow or arrow device in or on any vehicle unless | 13 |
| such bow
or arrow device is unstrung or enclosed in a case, or | 14 |
| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of | 16 |
| taking any
wild birds or mammals, except as provided for in | 17 |
| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds | 19 |
| or
migratory waterfowl with a rifle, pistol, revolver , or | 20 |
| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or | 22 |
| airgun on,
over or into any waters of this State, including | 23 |
| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow | 25 |
| device
along, upon, across, or from any public right-of-way or | 26 |
| highway in this State.
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| (s) It is unlawful to use a silencer or other device to | 28 |
| muffle or
mute the sound of the explosion or report resulting | 29 |
| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or allow | 31 |
| a dog to
hunt, within or upon the land of another, or upon | 32 |
| waters flowing over or
standing on the land of another, without | 33 |
| first obtaining permission from
the owner or tenant. It shall | 34 |
| be prima facie evidence that a person does
not have permission | 35 |
| of the owner or tenant if the person is unable to
demonstrate | 36 |
| to the law enforcement officer in the field that permission has
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| had
been obtained. This provision may only be rebutted by | 2 |
| testimony of the
owner or tenant that permission had been | 3 |
| given. Before enforcing this
Section the law enforcement | 4 |
| officer must have received notice from the
owner or tenant of a | 5 |
| violation of this Section. Statements made to the
law | 6 |
| enforcement officer regarding this notice shall not be rendered
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| inadmissible by the hearsay rule when offered for the purpose | 8 |
| of showing the
required notice.
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| (u) It is unlawful for any person to discharge any firearm | 10 |
| for the purpose
of taking any of the species protected by this | 11 |
| Act, or hunt with dog
gun or gun
dog , or allow a dog to hunt, | 12 |
| within 300 yards of an inhabited dwelling without
first | 13 |
| obtaining permission from the owner or tenant, except that | 14 |
| while
trapping, hunting with bow and arrow, hunting with dog | 15 |
| and shotgun using shot
shells only, or hunting with shotgun | 16 |
| using shot shells only, or
on licensed game breeding and | 17 |
| hunting preserve areas, as defined in Section
3.27, on property | 18 |
| operated under a Migratory Waterfowl Hunting Area Permit, on
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| federally owned and managed lands and on Department owned, | 20 |
| managed, leased or
controlled lands, a 100 yard restriction | 21 |
| shall apply.
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| (v) It is unlawful for any person to remove fur-bearing | 23 |
| mammals from, or
to move or disturb in any manner, the traps or | 24 |
| cable restraints owned by another person without
written | 25 |
| authorization of the owner to do so.
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| (w) It is unlawful for any owner of a dog to knowingly or | 27 |
| wantonly allow
his or her dog to pursue, harass or kill deer, | 28 |
| except that nothing in this Section shall prohibit the tracking | 29 |
| of wounded deer with a dog in accordance with the provisions of | 30 |
| Section 2.26 of this Code.
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| (x) It is unlawful for any person to wantonly or carelessly | 32 |
| injure
or destroy, in any manner whatsoever, any real or | 33 |
| personal property on
the land of another while engaged in | 34 |
| hunting or trapping on that land
thereon .
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| (y) It is unlawful to hunt wild game protected by this Act | 36 |
| between one
half hour after sunset and one half hour before |
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| sunrise, except that
hunting hours between one half hour after | 2 |
| sunset and one half hour
before sunrise may be established by | 3 |
| administrative rule for fur-bearing
mammals.
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| (z) It is unlawful to take any game bird (excluding wild | 5 |
| turkeys and
crippled pheasants not capable of normal flight and | 6 |
| otherwise irretrievable)
protected by this Act when not flying. | 7 |
| Nothing in this Section shall prohibit
a person from carrying | 8 |
| an uncased, unloaded shotgun in a boat, while in pursuit
of a | 9 |
| crippled migratory waterfowl that is incapable of normal | 10 |
| flight, for the
purpose of attempting to reduce the migratory | 11 |
| waterfowl to possession, provided
that the attempt is made | 12 |
| immediately upon downing the migratory waterfowl and
is done | 13 |
| within 400 yards of the blind from which the migratory | 14 |
| waterfowl was
downed. This exception shall apply only to | 15 |
| migratory game birds that are not
capable of normal flight. | 16 |
| Migratory waterfowl that are crippled may be taken
only with a | 17 |
| 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 | 20 |
| be used for
tree climbing or cutting, while hunting fur-bearing | 21 |
| mammals.
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| (bb) It is unlawful for any person, except licensed game | 23 |
| breeders,
pursuant to Section 2.29 to import, carry into, or | 24 |
| possess alive in this
State any species of wildlife taken | 25 |
| outside of this State, without
obtaining permission to do so | 26 |
| 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 | 29 |
| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this | 31 |
| Act and retain
it alive.
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| (ee) It is unlawful to possess any rifle while in the field | 33 |
| during gun
deer season except as provided in Section 2.26 and | 34 |
| administrative rules.
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| (ff) It is unlawful for any person to take any species | 36 |
| protected by
this Act, except migratory waterfowl, during the |
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| 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.
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| (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
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| Cottontail and Swamp Rabbit.
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| (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.
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| (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.
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| (jj) Nothing contained in this Section shall prohibit the | 22 |
| use of bow
and arrow, or prevent the Director from issuing | 23 |
| permits to use a crossbow
to handicapped persons as provided by | 24 |
| administrative rule. As used herein,
"handicapped persons" | 25 |
| means those persons who have a permanent physical
impairment | 26 |
| 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 | 28 |
| bow and arrow
device. Permits will be issued only after the | 29 |
| receipt of a physician's
statement confirming the applicant is | 30 |
| handicapped as defined above.
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| (kk) Nothing contained in this Section shall prohibit the | 32 |
| Director
from issuing permits to paraplegics or to other | 33 |
| disabled persons who meet the
requirements set forth in | 34 |
| administrative rule to shoot or hunt from a vehicle
as provided | 35 |
| by that rule, provided that such is otherwise in accord with | 36 |
| this
Act.
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| (ll) Nothing contained in this Act shall prohibit the | 2 |
| taking of aquatic
life protected by the Fish and Aquatic Life | 3 |
| Code or birds and mammals
protected by this Act, except deer | 4 |
| and fur-bearing mammals, from a boat not
camouflaged or | 5 |
| disguised to alter its identity or to further provide a place
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| of concealment and not propelled by sail or mechanical power. | 7 |
| However, only
shotguns not larger than 10 gauge nor smaller | 8 |
| than .410 bore loaded with not
more than 3 shells of a shot | 9 |
| size no larger than lead BB or steel T (.20
diameter) may be | 10 |
| used to take species protected by this Act.
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| (mm) Nothing contained in this Act shall prohibit the use | 12 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 13 |
| gauge, with a rifled barrel.
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| Nothing contained in this Act shall prohibit the use of | 15 |
| locking type cable restraints for use in water trapping. | 16 |
| Written permission of the owner of the land over which the | 17 |
| water is standing or flowing is not required for water sets.
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| (Source: P.A. 92-325, eff. 8-9-01; 92-651, eff. 7-11-02; | 19 |
| 93-807, eff. 7-24-04.)
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| (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
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| Sec. 2.33a. Unlawful trapping.
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| (a) It is unlawful to fail to visit and remove all animals
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| from traps and cable restraints staked out, set, used, tended, | 24 |
| placed or maintained at least
once each calendar day.
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| (b) It is unlawful for any person to place, set, use, or | 26 |
| maintain a
leghold trap or one of similar construction on land, | 27 |
| that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or | 28 |
| a body-gripping trap or one of
similar construction having a | 29 |
| jaw spread larger than 7 inches (17.8 CM) on
a side if square | 30 |
| and 8 inches (20.4 CM) if round;
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| (c) It is unlawful for any person to place, set, use, or | 32 |
| maintain a
leghold trap or one of similar construction in | 33 |
| water, that has a jaw spread
of larger than 7 1/2 inches (19.1 | 34 |
| CM), or a body-gripping trap or one of
similar construction | 35 |
| having a jaw spread larger than 10 inches (25.4 CM) on
a side |
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| if square and 12 inches (30.5 CM) if round;
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| (d) It is unlawful to use any trap with saw-toothed, | 3 |
| spiked, or toothed jaws;
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| (e) It is unlawful to destroy, disturb or in any manner | 5 |
| interfere with
dams, lodges, burrows or feed beds of beaver | 6 |
| while trapping for beaver or
to set a trap inside a muskrat | 7 |
| house or beaver lodge, except that this shall
not apply to | 8 |
| Drainage Districts who are acting pursuant to the provisions
of | 9 |
| Section 2.37;
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| (f) It is unlawful to trap beaver with: (1) a leghold trap | 11 |
| or one of similar
construction having a jaw spread of less than | 12 |
| 5 1/2 inches (13.9 CM) or
more than 7 1/2 inches (19.1 CM), or | 13 |
| (2) a body-gripping trap or one of
similar construction having | 14 |
| a jaw spread of less than 7 inches (17.7 CM) or
more than 10 | 15 |
| inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if
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| round, except that these restrictions shall not apply during
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| the open season for trapping muskrats;
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| (g) It is unlawful to set traps closer than 10 feet (3.05 | 19 |
| M) from any
hole or den which may be occupied by a game mammal | 20 |
| or fur-bearing mammal
except that this restriction shall not | 21 |
| apply to water sets.
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| (h) It is unlawful to trap or attempt to trap any | 23 |
| fur-bearing mammal
with any colony, cage, box, or stove-pipe | 24 |
| trap designed to take more than one
mammal at a single setting.
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| (i) It is unlawful for any person to set or place any trap | 26 |
| or cable restraint designed to
take any fur-bearing mammal | 27 |
| protected by this Act during the closed
trapping season. Proof | 28 |
| that any trap or cable restraint was placed during the closed | 29 |
| trapping
season shall be deemed prima facie evidence of a | 30 |
| violation of this provision.
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| (j) It is unlawful to place, set, or maintain any leghold | 32 |
| trap or one of
similar construction within thirty (30) feet | 33 |
| (9.14 m) of bait placed in
such a manner or position that it is | 34 |
| not completely covered and concealed
from sight, except that | 35 |
| this shall not apply to underwater sets. Bait shall
mean and | 36 |
| include any bait composed of mammal, bird, or fish flesh, fur,
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| hide, entrails or feathers.
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| (k) It shall be unlawful for hunters or trappers to have | 3 |
| the green hides
of fur-bearing mammals, protected by this Act, | 4 |
| in their possession except
during the open season and for an | 5 |
| additional period of 10 days succeeding
such open season.
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| (l) It is unlawful for any person to place, set, use , or | 7 |
| maintain a
cable restraint
snare trap or one of similar | 8 |
| construction in water, that has a loop
diameter exceeding 15 | 9 |
| inches (38.1 CM) or a cable or wire diameter of more
than 1/8 | 10 |
| inch (3.2 MM) or less than 5/64 inch (2.0 MM), that is | 11 |
| constructed
of stainless steel metal cable or wire, and that | 12 |
| does not have a mechanical
lock, anchor swivel and stop device | 13 |
| to prevent the mechanical lock from
closing the noose loop to a | 14 |
| diameter of less than 2 1/2 inches (6.4 CM).
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| (m) It is unlawful for any person to place, set, use, or | 16 |
| maintain on land a cable restraint or one of similar | 17 |
| construction that has a loop diameter exceeding 15 inches (38.1 | 18 |
| cm). It is unlawful for any person to place, set, or maintain | 19 |
| on land a cable restraint or one of similar construction that | 20 |
| does not have a relaxing mechanical lock, anchor swivel, and | 21 |
| stop device to prevent the relaxing mechanical lock from | 22 |
| closing the noose loop to a diameter of less than 2 1/2 inches | 23 |
| (6.4 cm).
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| (n) It is unlawful for any person to place, set, use, or | 25 |
| maintain a cable restraint or one of similar construction that | 26 |
| would reach any fence when fully extended.
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| (o) It is unlawful for any person to place, set, use or | 28 |
| maintain on land or in water a cable restraint that is attached | 29 |
| to a drag or a movable object. It is unlawful to set a cable | 30 |
| restraint on land without an in-line swivel between the cable | 31 |
| restraint lock and the end swivel at the point of fastening.
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| (Source: P.A. 85-152; 86-1354.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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