Full Text of SB1533 102nd General Assembly
SB1533enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing | 5 | | Sections 2.37, 3.1-2, 3.1-4, 3.1-7, and 3.3 and by adding | 6 | | Sections 1.2q-1 and 1.2q-2 as follows: | 7 | | (520 ILCS 5/1.2q-1 new) | 8 | | Sec. 1.2q-1. Trapping license. "Trapping license" means an | 9 | | electronic or physical license authorizing the person to take | 10 | | a certain type of animal during a specified period of time. | 11 | | (520 ILCS 5/1.2q-2 new) | 12 | | Sec. 1.2q-2. Nuisance Wildlife Control Permit. "Nuisance | 13 | | Wildlife Control Permit" means an electronic or physical | 14 | | license authorizing the person to take a certain type of | 15 | | animal as provided in Section 2.37.
| 16 | | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
| 17 | | Sec. 2.37. Authority to kill wildlife responsible for | 18 | | damage. Subject to
federal regulations and Section 3 of the | 19 | | Illinois Endangered Species Act, the Department may authorize | 20 | | owners
and
tenants of lands or their agents to remove or | 21 | | destroy any wild bird
or wild mammal when the wild bird or
wild |
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| 1 | | mammal
is known to be destroying property or causing a risk to | 2 | | human health or
safety upon his or her land.
| 3 | | Upon receipt by the Department of information from the | 4 | | owner, tenant,
or sharecropper that any one or more species of | 5 | | wildlife is damaging dams, levees, ditches, cattle pastures, | 6 | | or other
property on the land on which he resides or controls, | 7 | | together with a
statement regarding location of the property | 8 | | damages, the nature and
extent of the damage, and the | 9 | | particular species of wildlife committing
the damage, the | 10 | | Department shall make an investigation.
| 11 | | If, after investigation, the Department finds
that damage | 12 | | does exist and
can be abated only by removing or destroying
| 13 | | that wildlife, a permit shall be
issued by the Department to | 14 | | remove or destroy the species responsible for causing
the | 15 | | damage.
| 16 | | A permit to control
the damage shall be for a period of up | 17 | | to 90 days,
shall specify the means and methods by which and | 18 | | the person or persons
by whom the wildlife may be removed or | 19 | | destroyed, and shall set forth the
disposition procedure to be | 20 | | made of all wildlife taken and other
restrictions the Director
| 21 | | considers necessary and appropriate in the
circumstances of | 22 | | the particular case. Whenever possible, the specimens
| 23 | | destroyed shall be given to a bona-fide public or State | 24 | | scientific,
educational, or zoological institution.
| 25 | | The permittee shall advise the
Department in writing, | 26 | | within 10 days after the expiration date of
the permit, of the |
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| 1 | | number of individual species of wildlife
taken, disposition | 2 | | made of them, and any other information which
the Department | 3 | | may consider necessary.
| 4 | | Subject to federal regulations and Section 3 of the | 5 | | Illinois Endangered
Species Act, the Department may grant to | 6 | | an individual,
corporation,
association or a governmental body | 7 | | the authority
to control species protected by this Code | 8 | | pursuant to the issuance of a Nuisance Wildlife Control | 9 | | Permit . The Department
shall set forth applicable regulations
| 10 | | in an Administrative Order and may require periodic reports | 11 | | listing species
taken, numbers of each species taken, dates | 12 | | when taken, and other pertinent
information.
| 13 | | Drainage Districts shall have the authority to control | 14 | | beaver provided
that they must notify the Department in | 15 | | writing that a problem exists and
of their intention to trap | 16 | | the animals at least 7 days before the trapping
begins. The | 17 | | District must identify traps used in beaver control outside
| 18 | | the dates of the furbearer trapping season with metal tags | 19 | | with the district's
name legibly inscribed upon them. During | 20 | | the furtrapping season, traps
must be identified as prescribed | 21 | | by law. Conibear traps at least size 330
shall be used except | 22 | | during the statewide furbearer trapping season. During
that | 23 | | time trappers may use any device that is legal according to the | 24 | | Wildlife
Code. Except during the statewide furbearer trapping | 25 | | season, beaver traps
must be set in water at least 10 inches | 26 | | deep. Except during the statewide
furbearer trapping season, |
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| 1 | | traps must be set within 10 feet of an inhabited
bank burrow or | 2 | | house and within 10 feet of a dam maintained by a beaver.
No | 3 | | beaver or other furbearer taken outside of the dates for the | 4 | | furbearer
trapping season may be sold. All animals must be | 5 | | given to the nearest
conservation officer or other Department | 6 | | of Natural Resources representative
within 48 hours
after they | 7 | | are caught. Furbearers taken during the fur trapping season
| 8 | | may be sold provided that they are taken by persons who have | 9 | | valid trapping
licenses in their possession and are lawfully | 10 | | taken. The District must
submit an annual report showing the | 11 | | species and numbers of animals caught.
The report must | 12 | | indicate all species which were taken.
| 13 | | The location of traps or snares authorized under this | 14 | | Section, either by the Department or any other governmental | 15 | | body with the authority to control species protected by this | 16 | | Code, shall be exempt from the provisions of the Freedom of | 17 | | Information Act. | 18 | | (Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12; | 19 | | 98-1045, eff. 8-25-14.)
| 20 | | (520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)
| 21 | | Sec. 3.1-2.
Veterans who, according to the determination | 22 | | of the Veterans'
Administration as certified by the Department | 23 | | of Veterans' Affairs, are
at least 10% disabled with | 24 | | service-related disabilities or in receipt of
total disability | 25 | | pensions may hunt and trap any of the species protected by |
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| 1 | | Section
2.2, during such times, with such devices and by such | 2 | | methods as are permitted
by this Act, without procuring | 3 | | hunting and trapping licenses, on the condition that their
| 4 | | respective disabilities do not prevent them from hunting and | 5 | | trapping in a manner which
is safe to themselves and others.
| 6 | | (Source: P.A. 83-58.)
| 7 | | (520 ILCS 5/3.1-4) | 8 | | Sec. 3.1-4. Military members returning from mobilization | 9 | | and service outside the United States. | 10 | | (a) After returning from service abroad or mobilization by | 11 | | the President of the United States as an active duty member of | 12 | | the United States Armed Forces, the Illinois National Guard, | 13 | | or the Reserves of the United States Armed Forces, an Illinois | 14 | | resident may hunt and trap any of the species protected by | 15 | | Section 2.2 of this Code without paying any fees required to | 16 | | obtain a hunting license or a trapping license for the time | 17 | | period prescribed by subsection (b) of this Section if the | 18 | | Illinois resident applies for a license within 2 years after | 19 | | returning from service abroad or mobilization. The applicant | 20 | | shall provide acceptable verification of service or | 21 | | mobilization to the Department either at the Department's | 22 | | office in Springfield or at a Regional Office of the | 23 | | Department. | 24 | | (b) For each year that an applicant is an active duty | 25 | | member pursuant to subsection (a) of this Section, the |
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| 1 | | applicant shall receive one free hunting license, one free | 2 | | trapping license, one free Deer Hunting Permit as provided in | 3 | | Section 2.26 of this Code and rules adopted pursuant to that | 4 | | Section, and one free State Habitat Stamp. For the purposes of | 5 | | this determination, if the period of active duty is a portion | 6 | | of a year (for example, one year and 3 months), the applicant | 7 | | will be credited with a full year for the portion of a year | 8 | | served. | 9 | | (c) (Blank).
| 10 | | (c-5) An Illinois resident veteran may obtain an Illinois | 11 | | Hunter Education card if he or she completes the online study | 12 | | section of the Illinois Hunter Education program and provides | 13 | | the Department with acceptable verification of service or | 14 | | mobilization. | 15 | | (d) For the purposes of this Section, "acceptable | 16 | | verification of service or mobilization" means official | 17 | | documentation from the Department of Defense or the | 18 | | appropriate Major Command showing mobilization dates or | 19 | | service abroad dates, including: (i) a DD-214, (ii) a letter | 20 | | from the Illinois Department of Military Affairs for members | 21 | | of the Illinois National Guard, (iii) a letter from the | 22 | | Regional Reserve Command for members of the Armed Forces | 23 | | Reserve, (iv) a letter from the Major Command covering | 24 | | Illinois for active duty members, (v) personnel records for | 25 | | mobilized State employees, and (vi) any other documentation | 26 | | that the Department, by administrative rule, deems acceptable |
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| 1 | | to establish dates of mobilization or service abroad. | 2 | | (e) For the purposes of this Section, the term "service | 3 | | abroad" means active duty service outside of the 50 United | 4 | | States and the District of Columbia, and includes all active | 5 | | duty service in territories and possessions of the United | 6 | | States. | 7 | | (Source: P.A. 98-118, eff. 7-30-13.) | 8 | | (520 ILCS 5/3.1-7) | 9 | | Sec. 3.1-7. Terminally ill hunter or trapper licensing | 10 | | program. In order to facilitate hunting , trapping, and fishing | 11 | | opportunities for a terminally ill person, the Director may | 12 | | issue any license, tag, permit, or stamp and waive fees, | 13 | | including transaction and dealer fees. | 14 | | Youth may take game outside of an established season if | 15 | | that youth is deemed to be terminally ill and the hunt is | 16 | | pre-approved by the Director.
| 17 | | (Source: P.A. 97-215, eff. 1-1-12.)
| 18 | | (520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
| 19 | | Sec. 3.3. Trapping license required. Before any person | 20 | | shall trap any
of the mammals protected
by this Act, for which | 21 | | an open trapping season has been established, he shall
first | 22 | | procure a trapping license from the Department to do so. No | 23 | | traps
shall be placed in the field, set or unset, prior to the | 24 | | opening day of
the trapping season.
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| 1 | | Traps used in the taking of such mammals shall be marked or
| 2 | | tagged with metal tags or inscribed in lettering giving the | 3 | | name and
address of the owner or the customer identification | 4 | | number issued by the Department, and absence of such mark or | 5 | | tag shall be prima
facie evidence that such trap or traps are | 6 | | illegally used and the trap
or traps shall be confiscated and | 7 | | disposed of as directed by the
Department.
| 8 | | Before any person 18 years of age or older shall trap, | 9 | | attempt to
trap, or sell the green hides of any mammal of the | 10 | | species defined as
fur-bearing mammals by Section 2.2 for | 11 | | which an open season is established
under this Act, he shall | 12 | | first have procured a State Habitat Stamp.
| 13 | | Beginning January 1, 2016, no trapping license shall be | 14 | | issued to any
person born on or after January 1, 1998 unless he | 15 | | or she presents to the authorized issuer of the license | 16 | | evidence that he or she has a
certificate of competency | 17 | | provided for in this Section.
| 18 | | The Department of Natural Resources shall authorize
| 19 | | personnel of the Department,
or volunteer instructors, found | 20 | | by the Department to be competent,
to provide instruction in | 21 | | courses on trapping techniques and ethical trapping
behavior | 22 | | as needed throughout the State, which courses shall be at | 23 | | least
8 hours in length. Persons so authorized shall provide | 24 | | instruction in such
courses to individuals at no charge, and | 25 | | shall issue to individuals
successfully completing such | 26 | | courses certificates of competency in basic
trapping |
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| 1 | | techniques. The Department shall cooperate in establishing | 2 | | such
courses with any reputable association or organization | 3 | | which has as one of
its objectives the promotion of the ethical | 4 | | use of legal fur harvesting
devices and techniques. The | 5 | | Department shall furnish information on the
requirements of | 6 | | the trapper education program to be distributed free of
charge | 7 | | to applicants for trapping licenses by the persons appointed | 8 | | and
authorized to issue licenses.
| 9 | | The owners residing on, or bona fide tenants of farm | 10 | | lands, and their
children actually residing on such lands, | 11 | | shall have the right to trap
mammals protected by this Act, for | 12 | | which an open trapping season has been
established, upon such | 13 | | lands, without procuring licenses, provided that
such mammals | 14 | | are taken during the periods of time and with such devices as
| 15 | | are permitted by this Act.
| 16 | | Any person on active duty in the Armed Forces or any person | 17 | | with a disability who is a resident of Illinois, may trap any | 18 | | of the species protected by Section 2.2, during such times, | 19 | | with such devices and by such methods as are permitted by this | 20 | | Act, without procuring a trapping license. For the purposes of | 21 | | this Section, a person is considered a person with a | 22 | | disability if he or she has a Type 1 or Type 4, Class 2 | 23 | | disability as defined in Section 4A of the Illinois | 24 | | Identification Card Act. For purposes of this Section, an | 25 | | Illinois Person with a Disability Identification Card issued | 26 | | pursuant to the Illinois Identification Card Act indicating |
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| 1 | | that the person thereon named has a Type 1 or Type 4, Class 2 | 2 | | disability shall be adequate documentation of such a | 3 | | disability. | 4 | | (Source: P.A. 100-638, eff. 1-1-19; 100-964, eff. 8-19-18; | 5 | | 101-81, eff. 7-12-19.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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