Full Text of HB5799 96th General Assembly
HB5799 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5799
Introduced 2/10/2010, by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.33a |
from Ch. 61, par. 2.33a |
520 ILCS 5/2.37 |
from Ch. 61, par. 2.37 |
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Amends the Wildlife Code. Removes provisions prohibiting the placement, setting, use, and maintenance of certain traps. Removes a provision authorizing drainage districts to use certain types of traps. Also makes technical changes. Effective immediately.
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A BILL FOR
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HB5799 |
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LRB096 19043 JDS 34434 b |
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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 Section | 5 |
| 2.33a and 2.37 as follows:
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| (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
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| Sec. 2.33a.
(a) It is unlawful to fail to visit and remove , | 8 |
| at least
once each calendar day, all animals
from traps staked | 9 |
| out, set, used, tended, placed , or maintained at least
once | 10 |
| each calendar day .
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| (b) It is unlawful for any person to place, set, use, or | 12 |
| maintain , on land, a
leghold trap or one of similar | 13 |
| construction on land, that has a jaw spread
of larger than 6 | 14 |
| 1/2 inches (16.6 CM) , or a body-gripping trap or one of
similar | 15 |
| construction having a jaw spread larger than 7 inches (17.8 CM) | 16 |
| on
a side if square and 8 inches (20.4 CM) if round ;
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| (c) It is unlawful for any person to place, set, use, or | 18 |
| maintain , in water, a
leghold trap or one of similar | 19 |
| construction in water, that has a jaw spread
of larger than 7 | 20 |
| 1/2 inches (19.1 CM) , or a body-gripping trap or one of
similar | 21 |
| construction having a jaw spread larger than 10 inches (25.4 | 22 |
| CM) on
a side 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, |
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HB5799 |
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LRB096 19043 JDS 34434 b |
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| spiked, or toothed jaws;
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| (e) It is unlawful to destroy, disturb , or in any manner | 3 |
| interfere with
dams, lodges, burrows , or feed beds of beaver | 4 |
| while trapping for beaver or
to set a trap inside a muskrat | 5 |
| house or beaver lodge, except that this shall
not apply to | 6 |
| Drainage Districts who are acting pursuant to the provisions
of | 7 |
| Section 2.37;
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| (f) It is unlawful to trap beaver with : (1) a leghold trap | 9 |
| or one of similar
construction having a jaw spread of less than | 10 |
| 5 1/2 inches (13.9 CM) or
more than 7 1/2 inches (19.1 CM) , or | 11 |
| (2) a body-gripping trap or one of
similar construction having | 12 |
| a jaw spread of less than 7 inches (17.7 CM) or
more than 10 | 13 |
| 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 | 17 |
| M) from any
hole or den which may be occupied by a game mammal | 18 |
| or fur-bearing mammal ,
except that this restriction shall not | 19 |
| apply to water sets.
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| (h) It is unlawful to trap or attempt to trap any | 21 |
| fur-bearing mammal
with any colony, cage, box, or stove-pipe | 22 |
| 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 | 24 |
| designed to
take any fur-bearing mammal protected by this Act | 25 |
| during the closed
trapping season. Proof that any trap was | 26 |
| placed during the closed trapping
season shall be deemed prima |
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HB5799 |
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LRB096 19043 JDS 34434 b |
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| facie evidence of a violation of this provision.
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| (j) It is unlawful to place, set, or maintain any leghold | 3 |
| trap or one of
similar construction within thirty (30) feet | 4 |
| (9.14 m) of bait placed in
such a manner or position that it is | 5 |
| not completely covered and concealed
from sight, except that | 6 |
| this shall not apply to underwater sets. Bait shall
mean and | 7 |
| 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 | 10 |
| the green hides
of fur-bearing mammals, protected by this Act, | 11 |
| in their possession except
during the open season and for an | 12 |
| 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 | 14 |
| maintain , in water, a
snare trap or one of similar construction | 15 |
| in water, that has a loop
diameter exceeding 15 inches (38.1 | 16 |
| CM) or a cable or wire diameter of more
than 1/8 inch (3.2 MM) | 17 |
| or less than 5/64 inch (2.0 MM), that is constructed
of | 18 |
| stainless steel metal cable or wire, and that does not have a | 19 |
| mechanical
lock, anchor swivel and stop device to prevent the | 20 |
| mechanical lock from
closing the noose loop to a diameter of | 21 |
| less than 2 1/2 inches (6.4 CM).
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| (Source: P.A. 85-152; 86-1354.)
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| (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
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| Sec. 2.37. Authority to kill wildlife responsible for | 25 |
| damage. Subject to
federal regulations and Section 3 of the |
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LRB096 19043 JDS 34434 b |
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| Illinois Endangered Species Act, the Department may authorize | 2 |
| owners
and
tenants of lands or their agents to remove or | 3 |
| destroy any wild bird
or wild mammal when the wild bird or
wild | 4 |
| mammal
is known to be destroying property or causing a risk to | 5 |
| human health or
safety upon his or her land.
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| Upon receipt by the Department of information from the | 7 |
| owner, tenant,
or sharecropper that any one or more species of | 8 |
| wildlife is damaging dams, levees, ditches, or other
property | 9 |
| on the land on which he resides or controls, together with a
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| statement regarding location of the property damages, the | 11 |
| nature and
extent of the damage, and the particular species of | 12 |
| wildlife committing
the damage, the Department shall make an | 13 |
| investigation.
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| If, after investigation, the Department finds
that damage | 15 |
| does exist and
can be abated only by removing or destroying
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| that wildlife, a permit shall be
issued by the Department to | 17 |
| remove or destroy the species responsible causing
the damage.
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| A permit to control
the damage shall be for a period of up | 19 |
| to 90 days,
shall specify the means and methods by which and | 20 |
| the person or persons
by whom the wildlife may be removed or | 21 |
| destroyed, and shall set forth the
disposition procedure to be | 22 |
| made of all wildlife taken and other
restrictions the Director
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| considers necessary and appropriate in the
circumstances of the | 24 |
| particular case. Whenever possible, the specimens
destroyed | 25 |
| shall be given to a bona-fide public or State scientific,
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| educational, or zoological institution.
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| The permittee shall advise the
Department in writing, | 2 |
| within 10 days after the expiration date of
the permit, of the | 3 |
| number of individual species of wildlife
taken, disposition | 4 |
| made of them, and any other information which
the Department | 5 |
| may consider necessary.
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| Subject to federal regulations and Section 3 of the | 7 |
| Illinois Endangered
Species Act, the Department may grant to an | 8 |
| individual,
corporation,
association or a governmental body | 9 |
| the authority
to control species protected by this Code. The | 10 |
| Department
shall set forth applicable regulations
in an | 11 |
| Administrative Order and may require periodic reports listing | 12 |
| species
taken, numbers of each species taken, dates when taken, | 13 |
| and other pertinent
information.
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| Drainage Districts shall have the authority to control | 15 |
| beaver provided
that they must notify the Department in writing | 16 |
| that a problem exists and
of their intention to trap the | 17 |
| animals at least 7 days before the trapping
begins. The | 18 |
| District must identify traps used in beaver control outside
the | 19 |
| dates of the furbearer trapping season with metal tags with the | 20 |
| district's
name legibly inscribed upon them. During the | 21 |
| furtrapping season, traps
must be identified as prescribed by | 22 |
| law. Conibear traps at least size 330
shall be used except | 23 |
| during the statewide furbearer trapping season. During
that | 24 |
| time trappers may use any device that is legal according to the | 25 |
| Wildlife
Code. Except during the statewide furbearer trapping | 26 |
| season, beaver traps
must be set in water at least 10 inches |
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HB5799 |
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LRB096 19043 JDS 34434 b |
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| deep. Except during the statewide
furbearer trapping season, | 2 |
| traps must be set within 10 feet of an inhabited
bank burrow or | 3 |
| house and within 10 feet of a dam maintained by a beaver.
No | 4 |
| beaver or other furbearer taken outside of the dates for the | 5 |
| furbearer
trapping season may be sold. All animals must be | 6 |
| given to the nearest
conservation officer or other Department | 7 |
| of Natural Resources representative
within 48 hours
after they | 8 |
| are caught. Furbearers taken during the fur trapping season
may | 9 |
| be sold provided that they are taken by persons who have valid | 10 |
| trapping
licenses in their possession and are lawfully taken. | 11 |
| The District must
submit an annual report showing the species | 12 |
| and numbers of animals caught.
The report must indicate all | 13 |
| species which were taken.
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| (Source: P.A. 91-654, eff. 12-15-99.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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