Full Text of SB2174 102nd General Assembly
SB2174 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2174 Introduced 2/26/2021, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/2.11 | from Ch. 61, par. 2.11 | 520 ILCS 5/2.26 | from Ch. 61, par. 2.26 | 520 ILCS 5/2.33 | from Ch. 61, par. 2.33 | 520 ILCS 5/2.34 | from Ch. 61, par. 2.34 |
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Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.
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| | A BILL FOR |
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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 2.11, 2.26, 2.33, and 2.34 as follows:
| 6 | | (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
| 7 | | Sec. 2.11. Before any person may lawfully hunt wild | 8 | | turkey, he shall first
obtain a "Wild Turkey Hunting Permit" | 9 | | in accordance with the prescribed
regulations set forth in an | 10 | | administrative rule of the Department. The
fee for a Resident | 11 | | Wild Turkey Hunting Permit shall not exceed $15.
| 12 | | Upon submitting suitable evidence of legal residence in | 13 | | any other state,
non-residents shall be charged a fee not to | 14 | | exceed $125 for wild
turkey hunting
permits.
| 15 | | The Department may by administrative rule allocate and | 16 | | issue non-resident
Wild Turkey Permits and establish fees for | 17 | | such permits.
| 18 | | It shall be unlawful to take wild turkey except by use of a | 19 | | bow and arrow
or a shotgun of not larger than 10 nor smaller | 20 | | than 20 gauge with shot
size not larger than No. 4, and no | 21 | | person while attempting to so take
wild turkey may have in his | 22 | | possession any other gun unless in accordance with the Firearm | 23 | | Concealed Carry Act .
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| 1 | | It shall be unlawful to take, or attempt to take wild | 2 | | turkey except
during the time from 1/2 hour before sunrise to | 3 | | 1/2 hour after sunset or during
such lesser period of time as | 4 | | may be specified by administrative rule,
during those days for | 5 | | which an open season is established.
| 6 | | It shall be unlawful for any person to take, or attempt to | 7 | | take, wild
turkey by use of dogs, horses, automobiles, | 8 | | aircraft or other vehicles,
or conveyances, or by the use or | 9 | | aid of bait or baiting of any kind. For the purposes of this | 10 | | Section, "bait" means any material, whether liquid or solid, | 11 | | including food, salt, minerals, and other products, except | 12 | | pure water, that can be ingested, placed, or scattered in such | 13 | | a manner as to attract or lure wild turkeys. "Baiting" means | 14 | | the placement or scattering of bait to attract wild turkeys. | 15 | | An area is considered as baited during the presence of and for | 16 | | 10 consecutive days following the removal of the bait.
| 17 | | It is unlawful for any person to take in Illinois or have | 18 | | in his possession
more than one wild turkey per valid permit.
| 19 | | For the purposes of calculating acreage under this | 20 | | Section, the Department shall, after determining the total | 21 | | acreage of the applicable tract or tracts of land, round | 22 | | remaining fractional portions of an acre greater than or equal | 23 | | to half of an acre up to the next whole acre. | 24 | | For the purposes of taking wild turkey, nothing in this | 25 | | Section shall be construed to prevent the manipulation, | 26 | | including mowing or cutting, of standing crops as a normal |
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| 1 | | agricultural or soil stabilization practice, food plots, or | 2 | | normal agricultural practices, including planting, harvesting, | 3 | | and maintenance such as cultivating. Such manipulation for the | 4 | | purpose of taking wild turkey may be further modified by | 5 | | administrative rule. | 6 | | (Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17 .)
| 7 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 8 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 9 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 10 | | the Department in accordance with its administrative rules.
| 11 | | Those rules must provide for the issuance of the following | 12 | | types of resident deer archery permits: (i) a combination | 13 | | permit, consisting of one either-sex permit and one | 14 | | antlerless-only permit, (ii) a single antlerless-only permit, | 15 | | and (iii) a single either-sex permit. The fee for a Deer | 16 | | Hunting Permit to take deer with either bow and arrow or gun
| 17 | | shall not exceed $25.00 for residents of the State. The | 18 | | Department may by
administrative rule provide for non-resident | 19 | | deer hunting permits for which the
fee will not exceed $300 in | 20 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 21 | | provided below for non-resident landowners
and non-resident | 22 | | archery hunters. The Department may by
administrative rule | 23 | | provide for a non-resident archery deer permit consisting
of | 24 | | not more than 2 harvest tags at a total cost not to exceed $325 | 25 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
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| 1 | | fees for a youth resident and non-resident archery deer permit | 2 | | shall be the same.
| 3 | | The standards and specifications for use of guns and bow | 4 | | and arrow for
deer hunting shall be established by | 5 | | administrative rule.
| 6 | | No person may have in his or her possession any firearm not | 7 | | authorized by
administrative rule for a specific hunting | 8 | | season when taking deer unless in accordance with the Firearm | 9 | | Concealed Carry Act .
| 10 | | Persons having a firearm deer hunting permit shall be | 11 | | permitted to
take deer only during the period from 1/2 hour | 12 | | before sunrise to
1/2 hour after sunset, and only during those | 13 | | days for which an open season is
established for the taking of | 14 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 15 | | Persons having an archery deer hunting permit shall be | 16 | | permitted to
take deer only during the period from 1/2 hour | 17 | | before sunrise to 1/2 hour
after sunset, and only during those | 18 | | days for which an open season is
established for the taking of | 19 | | deer by use of bow and arrow.
| 20 | | It shall be unlawful for any person to take deer by use of | 21 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 22 | | the use
or aid of bait or baiting of any kind. For the purposes | 23 | | of this Section, "bait" means any material, whether liquid or | 24 | | solid, including food, salt, minerals, and other products, | 25 | | except pure water, that can be ingested, placed, or scattered | 26 | | in such a manner as to attract or lure white-tailed deer. |
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| 1 | | "Baiting" means the placement or scattering of bait to attract | 2 | | deer. An area is considered as baited during the presence
of | 3 | | and for 10 consecutive days following the removal of bait. | 4 | | Nothing in this Section shall prohibit the use of a dog to | 5 | | track wounded deer. Any person using a dog for tracking | 6 | | wounded deer must maintain physical control of the dog at all | 7 | | times by means of a maximum 50 foot lead attached to the dog's | 8 | | collar or harness. Tracking wounded deer is permissible at | 9 | | night, but at no time outside of legal deer hunting hours or | 10 | | seasons shall any person handling or accompanying a dog being | 11 | | used for tracking wounded deer be in possession of any firearm | 12 | | or archery device. Persons tracking wounded deer with a dog | 13 | | during the firearm deer seasons shall wear blaze orange or | 14 | | solid blaze pink color as required. Dog handlers tracking | 15 | | wounded deer with a dog are exempt from hunting license and | 16 | | deer permit requirements so long as they are accompanied by | 17 | | the licensed deer hunter who wounded the deer.
| 18 | | It shall be unlawful to possess or transport any wild deer | 19 | | which has
been injured or killed in any manner upon a public | 20 | | highway or public
right-of-way of this State unless exempted | 21 | | by administrative rule.
| 22 | | Persons hunting deer must have gun unloaded and no bow and | 23 | | arrow
device shall be carried with the arrow in the nocked | 24 | | position during
hours when deer hunting is unlawful.
| 25 | | It shall be unlawful for any person, having taken the | 26 | | legal limit of
deer by gun, to further participate with gun in |
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| 1 | | any deer hunting party.
| 2 | | It shall be unlawful for any person, having taken the | 3 | | legal limit
of deer by bow and arrow, to further participate | 4 | | with bow and arrow in any
deer hunting party.
| 5 | | The Department may prohibit upland game hunting during the | 6 | | gun deer
season by administrative rule.
| 7 | | The Department shall not limit the number of non-resident, | 8 | | either-sex archery deer hunting permits to less than 20,000.
| 9 | | Any person who violates any of the provisions of this | 10 | | Section,
including administrative rules, shall be guilty of a | 11 | | Class B misdemeanor.
| 12 | | For the purposes of calculating acreage under this | 13 | | Section, the Department shall, after determining the total | 14 | | acreage of the applicable tract or tracts of land, round | 15 | | remaining fractional portions of an acre greater than or equal | 16 | | to half of an acre up to the next whole acre. | 17 | | For the purposes of taking white-tailed deer, nothing in | 18 | | this Section shall be construed to prevent the manipulation, | 19 | | including mowing or cutting, of standing crops as a normal | 20 | | agricultural or soil stabilization practice, food plots, or | 21 | | normal agricultural practices, including planting, harvesting, | 22 | | and maintenance such as cultivating or the use of products | 23 | | designed for scent only and not capable of ingestion, solid or | 24 | | liquid, placed or scattered, in such a manner as to attract or | 25 | | lure deer. Such manipulation for the purpose of taking | 26 | | white-tailed deer may be further modified by administrative |
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| 1 | | rule. | 2 | | (Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17; | 3 | | 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
| 4 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 5 | | Sec. 2.33. Prohibitions.
| 6 | | (a) It is unlawful to carry or possess any gun in any
State | 7 | | refuge unless otherwise permitted by administrative rule.
| 8 | | (b) It is unlawful to use or possess any snare or | 9 | | snare-like device,
deadfall, net, or pit trap to take any | 10 | | species, except that snares not
powered by springs or other | 11 | | mechanical devices may be used to trap
fur-bearing mammals, in | 12 | | water sets only, if at least one-half of the snare
noose is | 13 | | located underwater at all times.
| 14 | | (c) It is unlawful for any person at any time to take a | 15 | | wild mammal
protected by this Act from its den by means of any | 16 | | mechanical device,
spade, or digging device or to use smoke or | 17 | | other gases to dislodge or
remove such mammal except as | 18 | | provided in Section 2.37.
| 19 | | (d) It is unlawful to use a ferret or any other small | 20 | | mammal which is
used in the same or similar manner for which | 21 | | ferrets are used for the
purpose of frightening or driving any | 22 | | mammals from their dens or hiding places.
| 23 | | (e) (Blank).
| 24 | | (f) It is unlawful to use spears, gigs, hooks or any like | 25 | | device to
take any species protected by this Act.
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| 1 | | (g) It is unlawful to use poisons, chemicals or explosives | 2 | | for the
purpose of taking any species protected by this Act.
| 3 | | (h) It is unlawful to hunt adjacent to or near any peat, | 4 | | grass,
brush or other inflammable substance when it is | 5 | | burning.
| 6 | | (i) It is unlawful to take, pursue or intentionally harass | 7 | | or disturb
in any manner any wild birds or mammals by use or | 8 | | aid of any vehicle or
conveyance, except as permitted by the | 9 | | Code of Federal Regulations for the
taking of waterfowl. It is | 10 | | also unlawful to use the lights of any vehicle
or conveyance or | 11 | | any light from or any light connected to the
vehicle or | 12 | | conveyance in any area where wildlife may be found except in
| 13 | | accordance with Section 2.37 of this Act; however, nothing in | 14 | | this
Section shall prohibit the normal use of headlamps for | 15 | | the purpose of driving
upon a roadway. Striped skunk, opossum, | 16 | | red fox, gray
fox, raccoon, bobcat, and coyote may be taken | 17 | | during the open season by use of a small
light which is worn on | 18 | | the body or hand-held by a person on foot and not in any
| 19 | | vehicle.
| 20 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 21 | | while
taking or attempting to take any of the species | 22 | | protected by this Act.
| 23 | | (k) It is unlawful to use or possess in the field any | 24 | | shotgun shell loaded
with a shot size larger than lead BB or | 25 | | steel T (.20 diameter) when taking or
attempting to take any | 26 | | species of wild game mammals (excluding white-tailed
deer), |
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| 1 | | wild game birds, migratory waterfowl or migratory game birds | 2 | | protected
by this Act, except white-tailed deer as provided | 3 | | for in Section 2.26 and other
species as provided for by | 4 | | subsection (l) or administrative rule.
| 5 | | (l) It is unlawful to take any species of wild game, except
| 6 | | white-tailed deer and fur-bearing mammals, with a shotgun | 7 | | loaded with slugs unless otherwise
provided for by | 8 | | administrative rule.
| 9 | | (m) It is unlawful to use any shotgun capable of holding | 10 | | more than 3
shells in the magazine or chamber combined, except | 11 | | on game breeding and
hunting preserve areas licensed under | 12 | | Section 3.27 and except as permitted by
the Code of Federal | 13 | | Regulations for the taking of waterfowl. If the shotgun
is | 14 | | capable of holding more than 3 shells, it shall, while being | 15 | | used on an
area other than a game breeding and shooting | 16 | | preserve area licensed
pursuant to Section 3.27, be fitted | 17 | | with a one piece plug that is
irremovable without dismantling | 18 | | the shotgun or otherwise altered to
render it incapable of | 19 | | holding more than 3 shells in the magazine and
chamber, | 20 | | combined.
| 21 | | (n) It is unlawful for any person, except persons who | 22 | | possess a permit to
hunt from a vehicle as provided in this | 23 | | Section and persons otherwise permitted
by law, to have or | 24 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 25 | | unless such gun is unloaded and enclosed in a case, except that | 26 | | at field trials
authorized by Section 2.34 of this Act, |
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| 1 | | unloaded guns or guns loaded with blank
cartridges only, may | 2 | | be carried on horseback while not contained in a case, or
to | 3 | | have or carry any bow or arrow device in or on any vehicle | 4 | | unless such bow
or arrow device is unstrung or enclosed in a | 5 | | case, or otherwise made
inoperable unless in accordance with | 6 | | the Firearm Concealed Carry Act .
| 7 | | (o) (Blank).
| 8 | | (p) It is unlawful to take game birds, migratory game | 9 | | birds or
migratory waterfowl with a rifle, pistol, revolver or | 10 | | airgun.
| 11 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 12 | | airgun on,
over or into any waters of this State, including | 13 | | frozen waters.
| 14 | | (r) It is unlawful to discharge any gun or bow and arrow | 15 | | device
along, upon, across, or from any public right-of-way or | 16 | | highway in this State.
| 17 | | (s) It is unlawful to use a silencer or other device to | 18 | | muffle or
mute the sound of the explosion or report resulting | 19 | | from the firing of
any gun.
| 20 | | (t) It is unlawful for any person to take or attempt to | 21 | | take any species of wildlife or parts thereof, intentionally | 22 | | or wantonly allow a dog to
hunt, within or upon the land of | 23 | | another, or upon waters flowing over or
standing on the land of | 24 | | another, or to knowingly shoot a gun or bow and arrow device at | 25 | | any wildlife physically on or flying over the property of | 26 | | another without first obtaining permission from
the owner or |
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| 1 | | the owner's designee. For the purposes of this Section, the | 2 | | owner's designee means anyone who the owner designates in a | 3 | | written authorization and the authorization must contain (i) | 4 | | the legal or common description of property for such authority | 5 | | is given, (ii) the extent that the owner's designee is | 6 | | authorized to make decisions regarding who is allowed to take | 7 | | or attempt to take any species of wildlife or parts thereof, | 8 | | and (iii) the owner's notarized signature. Before enforcing | 9 | | this
Section the law enforcement officer must have received | 10 | | notice from the
owner or the owner's designee of a violation of | 11 | | this Section. Statements made to the
law enforcement officer | 12 | | regarding this notice shall not be rendered
inadmissible by | 13 | | the hearsay rule when offered for the purpose of showing the
| 14 | | required notice.
| 15 | | (u) It is unlawful for any person to discharge any firearm | 16 | | for the purpose
of taking any of the species protected by this | 17 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 18 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 19 | | without
first obtaining permission from the owner or tenant, | 20 | | except that while
trapping, hunting with bow and arrow, | 21 | | hunting with dog and shotgun using shot
shells only, or | 22 | | hunting with shotgun using shot shells only, or providing | 23 | | outfitting services under a waterfowl outfitter permit, or
on | 24 | | licensed game breeding and hunting preserve areas, as defined | 25 | | in Section
3.27, on
federally owned and managed lands and on | 26 | | Department owned, managed, leased, or
controlled lands, a 100 |
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| 1 | | yard restriction shall apply.
| 2 | | (v) It is unlawful for any person to remove fur-bearing | 3 | | mammals from, or
to move or disturb in any manner, the traps | 4 | | owned by another person without
written authorization of the | 5 | | owner to do so.
| 6 | | (w) It is unlawful for any owner of a dog to knowingly or | 7 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 8 | | except that nothing in this Section shall prohibit the | 9 | | tracking of wounded deer with a dog in accordance with the | 10 | | provisions of Section 2.26 of this Code.
| 11 | | (x) It is unlawful for any person to wantonly or | 12 | | carelessly injure
or destroy, in any manner whatsoever, any | 13 | | real or personal property on
the land of another while engaged | 14 | | in hunting or trapping thereon.
| 15 | | (y) It is unlawful to hunt wild game protected by this Act | 16 | | between one
half hour after sunset and one half hour before | 17 | | sunrise, except that
hunting hours between one half hour after | 18 | | sunset and one half hour
before sunrise may be established by | 19 | | administrative rule for fur-bearing
mammals.
| 20 | | (z) It is unlawful to take any game bird (excluding wild | 21 | | turkeys and
crippled pheasants not capable of normal flight | 22 | | and otherwise irretrievable)
protected by this Act when not | 23 | | flying. Nothing in this Section shall prohibit
a person from | 24 | | carrying an uncased, unloaded shotgun in a boat, while in | 25 | | pursuit
of a crippled migratory waterfowl that is incapable of | 26 | | normal flight, for the
purpose of attempting to reduce the |
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| 1 | | migratory waterfowl to possession, provided
that the attempt | 2 | | is made immediately upon downing the migratory waterfowl and
| 3 | | is done within 400 yards of the blind from which the migratory | 4 | | waterfowl was
downed. This exception shall apply only to | 5 | | migratory game birds that are not
capable of normal flight. | 6 | | Migratory waterfowl that are crippled may be taken
only with a | 7 | | shotgun as regulated by subsection (j) of this Section using
| 8 | | shotgun shells as regulated in subsection (k) of this Section.
| 9 | | (aa) It is unlawful to use or possess any device that may | 10 | | be used for
tree climbing or cutting, while hunting | 11 | | fur-bearing mammals, excluding coyotes.
| 12 | | (bb) It is unlawful for any person, except licensed game | 13 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 14 | | possess alive in this
State any species of wildlife taken | 15 | | outside of this State, without
obtaining permission to do so | 16 | | from the Director.
| 17 | | (cc) It is unlawful for any person to have in his or her
| 18 | | possession any freshly killed species protected by this Act | 19 | | during the season
closed for taking.
| 20 | | (dd) It is unlawful to take any species protected by this | 21 | | Act and retain
it alive except as provided by administrative | 22 | | rule.
| 23 | | (ee) It is unlawful to possess any rifle while in the field | 24 | | during gun
deer season except as provided in Section 2.26 and | 25 | | administrative rules.
| 26 | | (ff) It is unlawful for any person to take any species |
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| 1 | | protected by
this Act, except migratory waterfowl, during the | 2 | | gun deer hunting season in
those counties open to gun deer | 3 | | hunting, unless he or she wears, when in
the field, a cap and | 4 | | upper outer garment of a solid blaze orange color or solid | 5 | | blaze pink color, with
such articles of clothing displaying a | 6 | | minimum of 400 square inches of
blaze orange or solid blaze | 7 | | pink color material.
| 8 | | (gg) It is unlawful during the upland game season for any | 9 | | person to take
upland game with a firearm unless he or she | 10 | | wears, while in the field, a
cap of solid blaze orange color or | 11 | | solid blaze pink color. For purposes of this Act, upland game | 12 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | 13 | | Pheasant, Eastern
Cottontail and Swamp Rabbit.
| 14 | | (hh) It shall be unlawful to kill or cripple any species | 15 | | protected by
this Act for which there is a bag limit without | 16 | | making a reasonable
effort to retrieve such species and | 17 | | include such in the bag limit. It shall be unlawful for any | 18 | | person having control over harvested game mammals, game birds, | 19 | | or migratory game birds for which there is a bag limit to | 20 | | wantonly waste or destroy the usable meat of the game, except | 21 | | this shall not apply to wildlife taken under Sections 2.37 or | 22 | | 3.22 of this Code. For purposes of this subsection, "usable | 23 | | meat" means the breast meat of a game bird or migratory game | 24 | | bird and the hind ham and front shoulders of a game mammal. It | 25 | | shall be unlawful for any person to place, leave, dump, or | 26 | | abandon a wildlife carcass or parts of it along or upon a |
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| 1 | | public right-of-way or highway or on public or private | 2 | | property, including a waterway or stream, without the | 3 | | permission of the owner or tenant. It shall not be unlawful to | 4 | | discard game meat that is determined to be unfit for human | 5 | | consumption.
| 6 | | (ii) This Section shall apply only to those species | 7 | | protected by this
Act taken within the State. Any species or | 8 | | any parts thereof, legally taken
in and transported from other | 9 | | states or countries, may be possessed
within the State, except | 10 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 11 | | (jj) (Blank).
| 12 | | (kk) Nothing contained in this Section shall prohibit the | 13 | | Director
from issuing permits to paraplegics or to other | 14 | | persons with disabilities who meet the
requirements set forth | 15 | | in administrative rule to shoot or hunt from a vehicle
as | 16 | | provided by that rule, provided that such is otherwise in | 17 | | accord with this
Act.
| 18 | | (ll) Nothing contained in this Act shall prohibit the | 19 | | taking of aquatic
life protected by the Fish and Aquatic Life | 20 | | Code or birds and mammals
protected by this Act, except deer | 21 | | and fur-bearing mammals, from a boat not
camouflaged or | 22 | | disguised to alter its identity or to further provide a place
| 23 | | of concealment and not propelled by sail or mechanical power. | 24 | | However, only
shotguns not larger than 10 gauge nor smaller | 25 | | than .410 bore loaded with not
more than 3 shells of a shot | 26 | | size no larger than lead BB or steel T (.20
diameter) may be |
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| 1 | | used to take species protected by this Act.
| 2 | | (mm) Nothing contained in this Act shall prohibit the use | 3 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 4 | | gauge, with a rifled barrel.
| 5 | | (nn) It shall be unlawful to possess any species of | 6 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 7 | | other state, or any other country, whether or not the wildlife | 8 | | or wildlife parts is indigenous to Illinois. For the purposes | 9 | | of this subsection, the statute of limitations for unlawful | 10 | | possession of wildlife or wildlife parts shall not cease until | 11 | | 2 years after the possession has permanently ended. | 12 | | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; | 13 | | 99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. | 14 | | 1-1-19 .)
| 15 | | (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
| 16 | | Sec. 2.34. Dog Trials.
| 17 | | (a) Dogs of any breed may be trained the year round in | 18 | | accordance with the
provisions of this Act.
| 19 | | (b) During the periods of time when it is unlawful to take | 20 | | species protected
by this Act, the only firearms which shall | 21 | | be used in the training of
dogs from sunrise to sunset shall be | 22 | | pistols with blank cartridges. No
other gun or ammunition may | 23 | | be in immediate possession during this time.
No person or | 24 | | persons in, along with, or accompanying the dog training
| 25 | | party, shall be in possession of any firearm or live |
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| 1 | | ammunition, except
pistols capable of firing only blank | 2 | | cartridges during the hours from
sunset to sunrise. All | 3 | | organized field trials or training grounds approved by
the | 4 | | Department shall be exempt from this provision unless in | 5 | | accordance with the Firearm Concealed Carry Act .
| 6 | | (c) No field trial shall be held without a permit from the
| 7 | | Department.
| 8 | | The following Department areas shall be designated as | 9 | | horseback field
trial sites; Lee County Conservation Area, Des | 10 | | Plaines Conservation Area,
Moraine View State Park, Middle | 11 | | Fork Fish and Wildlife Area, Hamilton
County Conservation | 12 | | Area, and Wayne Fitzgerrell State Park. The Department
shall | 13 | | provide and maintain quality wildlife habitat on these sites.
| 14 | | Field trials shall be scheduled only from September 1 | 15 | | through April 30
in the Northern Zone and September 1 through | 16 | | April 15 in the Southern Zone.
The Department maintains the | 17 | | authority to schedule and administer field
trials. The | 18 | | boundary between the Northern Zone and the Southern
Zone shall | 19 | | be U.S. Route 36. However, (i) if the opening date of the field
| 20 | | trial season falls on Sunday, the season will begin on | 21 | | Saturday of that
weekend; and (ii) if the closing date of the | 22 | | field trial season falls on
Saturday, the season will conclude | 23 | | on Sunday of that weekend; and (iii) if
during the final days | 24 | | of the field trial season a field trial organization
begins a | 25 | | field trial which is subsequently interrupted due to inclement
| 26 | | weather, the field trial organization may complete the trial, |
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| 1 | | subject to the
Department's approval, even though the field | 2 | | trial season has ended. The field
trial organization must | 3 | | complete the trial on the first possible day or days.
Field | 4 | | trials for the retrieving breeds are exempt from these field | 5 | | trials
season provisions and shall have no closed season.
| 6 | | The fee for field trials shall be established by the | 7 | | Department by rule.
| 8 | | (d) The Department is authorized to designate dog training
| 9 | | areas and to grant permits for all field trials including | 10 | | those field
trials where game birds reared under Section 3.23 | 11 | | are released and taken
in accordance with the rules and | 12 | | regulations set forth by the
Department. Applications for | 13 | | permits for such trials and training areas
shall be | 14 | | accompanied by detailed information as to the date and the | 15 | | location of
the grounds where such trial area or training | 16 | | grounds is located. Applicants
for field trial or dog training | 17 | | permits must have the consent of the
landowner prior to | 18 | | applying for such permit. Fees and other regulations
will be | 19 | | set by administrative rule.
| 20 | | (e) All permits for designated dog training areas shall | 21 | | expire March 31st of
each year.
| 22 | | (f) Permit holders for designated dog training areas must | 23 | | possess a wild
game breeder's permit or a game breeding and | 24 | | hunting preserve area permit and
may utilize live bird recall | 25 | | devices on such areas.
| 26 | | (g) Nothing shall prevent an individual from using a dog |
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| 1 | | in the taking of
squirrel during the open season.
| 2 | | (h) All hand reared game released and shot at field trials | 3 | | shall
be properly identified with tags as provided for by this | 4 | | Act and such
birds shall be banded before they are removed from | 5 | | the field trial area.
| 6 | | (Source: P.A. 86-920; 87-1051.)
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