Full Text of HB4231 100th General Assembly
HB4231enr 100TH 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 Section | 5 | | 2.26 and 2.33 as follows:
| 6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 7 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 8 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 9 | | the Department in accordance with its administrative rules.
| 10 | | Those rules must provide for the issuance of the following | 11 | | types of resident deer archery permits: (i) a combination | 12 | | permit, consisting of one either-sex permit and one | 13 | | antlerless-only permit, (ii) a single antlerless-only permit, | 14 | | and (iii) a single either-sex permit. The fee for a Deer | 15 | | Hunting Permit to take deer with either bow and arrow or gun
| 16 | | shall not exceed $25.00 for residents of the State. The | 17 | | Department may by
administrative rule provide for non-resident | 18 | | deer hunting permits for which the
fee will not exceed $300 in | 19 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 20 | | provided below for non-resident landowners
and non-resident | 21 | | archery hunters. The Department may by
administrative rule | 22 | | provide for a non-resident archery deer permit consisting
of | 23 | | not more than 2 harvest tags at a total cost not to exceed $325 |
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| 1 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
| 2 | | The standards and specifications for use of guns and bow | 3 | | and arrow for
deer hunting shall be established by | 4 | | administrative rule.
| 5 | | No person may have in his possession any firearm not | 6 | | authorized by
administrative rule for a specific hunting season | 7 | | when taking deer.
| 8 | | Persons having a firearm deer hunting permit shall be | 9 | | permitted to
take deer only during the period from 1/2 hour | 10 | | before sunrise to
1/2 hour after sunset, and only during those | 11 | | days for which an open season is
established for the taking of | 12 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 13 | | Persons having an archery deer hunting permit shall be | 14 | | permitted to
take deer only during the period from 1/2 hour | 15 | | before sunrise to 1/2 hour
after sunset, and only during those | 16 | | days for which an open season is
established for the taking of | 17 | | deer by use of bow and arrow.
| 18 | | It shall be unlawful for any person to take deer by use of | 19 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 20 | | the use
or aid of bait or baiting of any kind. For the purposes | 21 | | of this Section, "bait" means any material, whether liquid or | 22 | | solid, including food, salt, minerals, and other products, | 23 | | except pure water, that can be ingested, placed, or scattered | 24 | | in such a manner as to attract or lure white-tailed deer. | 25 | | "Baiting" means the placement or scattering of bait to attract | 26 | | deer. An area is considered as baited during the presence
of |
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| 1 | | and for 10 consecutive days following the removal of bait. | 2 | | Nothing in this Section shall prohibit the use of a dog to | 3 | | track wounded deer. Any person using a dog for tracking wounded | 4 | | deer must maintain physical control of the dog at all times by | 5 | | means of a maximum 50 foot lead attached to the dog's collar or | 6 | | harness. Tracking wounded deer is permissible at night, but at | 7 | | no time outside of legal deer hunting hours or seasons shall | 8 | | any person handling or accompanying a dog being used for | 9 | | tracking wounded deer be in possession of any firearm or | 10 | | archery device. Persons tracking wounded deer with a dog during | 11 | | the firearm deer seasons shall wear blaze orange or solid blaze | 12 | | pink color as required. Dog handlers tracking wounded deer with | 13 | | a dog are exempt from hunting license and deer permit | 14 | | requirements so long as they are accompanied by the licensed | 15 | | deer hunter who wounded the deer.
| 16 | | It shall be unlawful to possess or transport any wild deer | 17 | | which has
been injured or killed in any manner upon a public | 18 | | highway or public
right-of-way of this State unless exempted by | 19 | | administrative rule.
| 20 | | Persons hunting deer must have gun unloaded and no bow and | 21 | | arrow
device shall be carried with the arrow in the nocked | 22 | | position during
hours when deer hunting is unlawful.
| 23 | | It shall be unlawful for any person, having taken the legal | 24 | | limit of
deer by gun, to further participate with gun in any | 25 | | deer hunting party.
| 26 | | It shall be unlawful for any person, having taken the legal |
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| 1 | | limit
of deer by bow and arrow, to further participate with bow | 2 | | and arrow in any
deer hunting party.
| 3 | | The Department may prohibit upland game hunting during the | 4 | | gun deer
season by administrative rule.
| 5 | | The Department shall not limit the number of non-resident, | 6 | | either-sex archery deer hunting permits to less than 20,000.
| 7 | | Any person who violates any of the provisions of this | 8 | | Section,
including administrative rules, shall be guilty of a | 9 | | Class B misdemeanor.
| 10 | | For the purposes of calculating acreage under this Section, | 11 | | the Department shall, after determining the total acreage of | 12 | | the applicable tract or tracts of land, round remaining | 13 | | fractional portions of an acre greater than or equal to half of | 14 | | an acre up to the next whole acre. | 15 | | For the purposes of taking white-tailed deer, nothing in | 16 | | this Section shall be construed to prevent the manipulation, | 17 | | including mowing or cutting, of standing crops as a normal | 18 | | agricultural or soil stabilization practice, food plots, or | 19 | | normal agricultural practices, including planting, harvesting, | 20 | | and maintenance such as cultivating or the use of products | 21 | | designed for scent only and not capable of ingestion, solid or | 22 | | liquid, placed or scattered, in such a manner as to attract or | 23 | | lure deer. Such manipulation for the purpose of taking | 24 | | white-tailed deer may be further modified by administrative | 25 | | rule. | 26 | | (Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; |
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| 1 | | 99-869, eff. 1-1-17 .)
| 2 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 3 | | Sec. 2.33. Prohibitions.
| 4 | | (a) It is unlawful to carry or possess any gun in any
State | 5 | | refuge unless otherwise permitted by administrative rule.
| 6 | | (b) It is unlawful to use or possess any snare or | 7 | | snare-like device,
deadfall, net, or pit trap to take any | 8 | | species, except that snares not
powered by springs or other | 9 | | mechanical devices may be used to trap
fur-bearing mammals, in | 10 | | water sets only, if at least one-half of the snare
noose is | 11 | | located underwater at all times.
| 12 | | (c) It is unlawful for any person at any time to take a | 13 | | wild mammal
protected by this Act from its den by means of any | 14 | | mechanical device,
spade, or digging device or to use smoke or | 15 | | other gases to dislodge or
remove such mammal except as | 16 | | provided in Section 2.37.
| 17 | | (d) It is unlawful to use a ferret or any other small | 18 | | mammal which is
used in the same or similar manner for which | 19 | | ferrets are used for the
purpose of frightening or driving any | 20 | | mammals from their dens or hiding places.
| 21 | | (e) (Blank).
| 22 | | (f) It is unlawful to use spears, gigs, hooks or any like | 23 | | device to
take any species protected by this Act.
| 24 | | (g) It is unlawful to use poisons, chemicals or explosives | 25 | | for the
purpose of taking any species protected by this Act.
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| 1 | | (h) It is unlawful to hunt adjacent to or near any peat, | 2 | | grass,
brush or other inflammable substance when it is burning.
| 3 | | (i) It is unlawful to take, pursue or intentionally harass | 4 | | or disturb
in any manner any wild birds or mammals by use or | 5 | | aid of any vehicle or
conveyance, except as permitted by the | 6 | | Code of Federal Regulations for the
taking of waterfowl. It is | 7 | | also unlawful to use the lights of any vehicle
or conveyance or | 8 | | any light from or any light connected to the
vehicle or | 9 | | conveyance in any area where wildlife may be found except in
| 10 | | accordance with Section 2.37 of this Act; however, nothing in | 11 | | this
Section shall prohibit the normal use of headlamps for the | 12 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 13 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | 14 | | the open season by use of a small
light which is worn on the | 15 | | body or hand-held by a person on foot and not in any
vehicle.
| 16 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 17 | | while
taking or attempting to take any of the species protected | 18 | | by this Act.
| 19 | | (k) It is unlawful to use or possess in the field any | 20 | | shotgun shell loaded
with a shot size larger than lead BB or | 21 | | steel T (.20 diameter) when taking or
attempting to take any | 22 | | species of wild game mammals (excluding white-tailed
deer), | 23 | | wild game birds, migratory waterfowl or migratory game birds | 24 | | protected
by this Act, except white-tailed deer as provided for | 25 | | in Section 2.26 and other
species as provided for by subsection | 26 | | (l) or administrative rule.
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| 1 | | (l) It is unlawful to take any species of wild game, except
| 2 | | white-tailed deer and fur-bearing mammals, with a shotgun | 3 | | loaded with slugs unless otherwise
provided for by | 4 | | administrative rule.
| 5 | | (m) It is unlawful to use any shotgun capable of holding | 6 | | more than 3
shells in the magazine or chamber combined, except | 7 | | on game breeding and
hunting preserve areas licensed under | 8 | | Section 3.27 and except as permitted by
the Code of Federal | 9 | | Regulations for the taking of waterfowl. If the shotgun
is | 10 | | capable of holding more than 3 shells, it shall, while being | 11 | | used on an
area other than a game breeding and shooting | 12 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 13 | | a one piece plug that is
irremovable without dismantling the | 14 | | shotgun or otherwise altered to
render it incapable of holding | 15 | | more than 3 shells in the magazine and
chamber, combined.
| 16 | | (n) It is unlawful for any person, except persons who | 17 | | possess a permit to
hunt from a vehicle as provided in this | 18 | | Section and persons otherwise permitted
by law, to have or | 19 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 20 | | unless such gun is unloaded and enclosed in a case, except that | 21 | | at field trials
authorized by Section 2.34 of this Act, | 22 | | unloaded guns or guns loaded with blank
cartridges only, may be | 23 | | carried on horseback while not contained in a case, or
to have | 24 | | or carry any bow or arrow device in or on any vehicle unless | 25 | | such bow
or arrow device is unstrung or enclosed in a case, or | 26 | | otherwise made
inoperable.
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| 1 | | (o) (Blank).
| 2 | | (p) It is unlawful to take game birds, migratory game birds | 3 | | or
migratory waterfowl with a rifle, pistol, revolver or | 4 | | airgun.
| 5 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 6 | | airgun on,
over or into any waters of this State, including | 7 | | frozen waters.
| 8 | | (r) It is unlawful to discharge any gun or bow and arrow | 9 | | device
along, upon, across, or from any public right-of-way or | 10 | | highway in this State.
| 11 | | (s) It is unlawful to use a silencer or other device to | 12 | | muffle or
mute the sound of the explosion or report resulting | 13 | | from the firing of
any gun.
| 14 | | (t) It is unlawful for any person to take or attempt to | 15 | | take any species of wildlife or parts thereof, intentionally or | 16 | | wantonly allow a dog to
hunt, within or upon the land of | 17 | | another, or upon waters flowing over or
standing on the land of | 18 | | another, or to knowingly shoot a gun or bow and arrow device at | 19 | | any wildlife physically on or flying over the property of | 20 | | another without first obtaining permission from
the owner or | 21 | | the owner's designee. For the purposes of this Section, the | 22 | | owner's designee means anyone who the owner designates in a | 23 | | written authorization and the authorization must contain (i) | 24 | | the legal or common description of property for such authority | 25 | | is given, (ii) the extent that the owner's designee is | 26 | | authorized to make decisions regarding who is allowed to take |
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| 1 | | or attempt to take any species of wildlife or parts thereof, | 2 | | and (iii) the owner's notarized signature. Before enforcing | 3 | | this
Section the law enforcement officer must have received | 4 | | notice from the
owner or the owner's designee of a violation of | 5 | | this Section. Statements made to the
law enforcement officer | 6 | | regarding this notice shall not be rendered
inadmissible by the | 7 | | hearsay rule when offered for the purpose of showing the
| 8 | | required notice.
| 9 | | (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 gun or
dog, or intentionally or wantonly | 12 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 13 | | without
first obtaining permission from the owner or tenant, | 14 | | except that while
trapping, hunting with bow and arrow, hunting | 15 | | with dog and shotgun using shot
shells only, or hunting with | 16 | | shotgun using shot shells only, or providing outfitting | 17 | | services under a waterfowl outfitter permit, or
on licensed | 18 | | game breeding and hunting preserve areas, as defined in Section
| 19 | | 3.27, on
federally owned and managed lands and on Department | 20 | | owned, managed, leased, or
controlled lands, a 100 yard | 21 | | restriction shall apply.
| 22 | | (v) It is unlawful for any person to remove fur-bearing | 23 | | mammals from, or
to move or disturb in any manner, the traps | 24 | | owned by another person without
written authorization of the | 25 | | owner to do so.
| 26 | | (w) It is unlawful for any owner of a dog to knowingly or |
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| 1 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 2 | | except that nothing in this Section shall prohibit the tracking | 3 | | of wounded deer with a dog in accordance with the provisions of | 4 | | Section 2.26 of this Code.
| 5 | | (x) It is unlawful for any person to wantonly or carelessly | 6 | | injure
or destroy, in any manner whatsoever, any real or | 7 | | personal property on
the land of another while engaged in | 8 | | hunting or trapping thereon.
| 9 | | (y) It is unlawful to hunt wild game protected by this Act | 10 | | between one
half hour after sunset and one half hour before | 11 | | sunrise, except that
hunting hours between one half hour after | 12 | | sunset and one half hour
before sunrise may be established by | 13 | | administrative rule for fur-bearing
mammals.
| 14 | | (z) It is unlawful to take any game bird (excluding wild | 15 | | turkeys and
crippled pheasants not capable of normal flight and | 16 | | otherwise irretrievable)
protected by this Act when not flying. | 17 | | Nothing in this Section shall prohibit
a person from carrying | 18 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 19 | | crippled migratory waterfowl that is incapable of normal | 20 | | flight, for the
purpose of attempting to reduce the migratory | 21 | | waterfowl to possession, provided
that the attempt is made | 22 | | immediately upon downing the migratory waterfowl and
is done | 23 | | within 400 yards of the blind from which the migratory | 24 | | waterfowl was
downed. This exception shall apply only to | 25 | | migratory game birds that are not
capable of normal flight. | 26 | | Migratory waterfowl that are crippled may be taken
only with a |
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| 1 | | shotgun as regulated by subsection (j) of this Section using
| 2 | | shotgun shells as regulated in subsection (k) of this Section.
| 3 | | (aa) It is unlawful to use or possess any device that may | 4 | | be used for
tree climbing or cutting, while hunting fur-bearing | 5 | | mammals, excluding coyotes.
| 6 | | (bb) It is unlawful for any person, except licensed game | 7 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 8 | | possess alive in this
State any species of wildlife taken | 9 | | outside of this State, without
obtaining permission to do so | 10 | | from the Director.
| 11 | | (cc) It is unlawful for any person to have in his or her
| 12 | | possession any freshly killed species protected by this Act | 13 | | during the season
closed for taking.
| 14 | | (dd) It is unlawful to take any species protected by this | 15 | | Act and retain
it alive except as provided by administrative | 16 | | rule.
| 17 | | (ee) It is unlawful to possess any rifle while in the field | 18 | | during gun
deer season except as provided in Section 2.26 and | 19 | | administrative rules.
| 20 | | (ff) It is unlawful for any person to take any species | 21 | | protected by
this Act, except migratory waterfowl, during the | 22 | | gun deer hunting season in
those counties open to gun deer | 23 | | hunting, unless he or she wears, when in
the field, a cap and | 24 | | upper outer garment of a solid blaze orange color or solid | 25 | | blaze pink color , with
such articles of clothing displaying a | 26 | | minimum of 400 square inches of
blaze orange or solid blaze |
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| 1 | | pink color material.
| 2 | | (gg) It is unlawful during the upland game season for any | 3 | | person to take
upland game with a firearm unless he or she | 4 | | wears, while in the field, a
cap of solid blaze orange color or | 5 | | solid blaze pink color . For purposes of this Act, upland game | 6 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | 7 | | Pheasant, Eastern
Cottontail and Swamp Rabbit.
| 8 | | (hh) It shall be unlawful to kill or cripple any species | 9 | | protected by
this Act for which there is a bag limit without | 10 | | making a reasonable
effort to retrieve such species and include | 11 | | such in the bag limit. It shall be unlawful for any person | 12 | | having control over harvested game mammals, game birds, or | 13 | | migratory game birds for which there is a bag limit to wantonly | 14 | | waste or destroy the usable meat of the game, except this shall | 15 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this | 16 | | Code. For purposes of this subsection, "usable meat" means the | 17 | | breast meat of a game bird or migratory game bird and the hind | 18 | | ham and front shoulders of a game mammal. It shall be unlawful | 19 | | for any person to place, leave, dump, or abandon a wildlife | 20 | | carcass or parts of it along or upon a public right-of-way or | 21 | | highway or on public or private property, including a waterway | 22 | | or stream, without the permission of the owner or tenant. It | 23 | | shall not be unlawful to discard game meat that is determined | 24 | | to be unfit for human consumption.
| 25 | | (ii) This Section shall apply only to those species | 26 | | protected by this
Act taken within the State. Any species or |
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| 1 | | any parts thereof, legally taken
in and transported from other | 2 | | states or countries, may be possessed
within the State, except | 3 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 4 | | (jj) (Blank).
| 5 | | (kk) Nothing contained in this Section shall prohibit the | 6 | | Director
from issuing permits to paraplegics or to other | 7 | | persons with disabilities who meet the
requirements set forth | 8 | | in administrative rule to shoot or hunt from a vehicle
as | 9 | | provided by that rule, provided that such is otherwise in | 10 | | accord with this
Act.
| 11 | | (ll) Nothing contained in this Act shall prohibit the | 12 | | taking of aquatic
life protected by the Fish and Aquatic Life | 13 | | Code or birds and mammals
protected by this Act, except deer | 14 | | and fur-bearing mammals, from a boat not
camouflaged or | 15 | | disguised to alter its identity or to further provide a place
| 16 | | of concealment and not propelled by sail or mechanical power. | 17 | | However, only
shotguns not larger than 10 gauge nor smaller | 18 | | than .410 bore loaded with not
more than 3 shells of a shot | 19 | | size no larger than lead BB or steel T (.20
diameter) may be | 20 | | used to take species protected by this Act.
| 21 | | (mm) Nothing contained in this Act shall prohibit the use | 22 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 23 | | gauge, with a rifled barrel.
| 24 | | (nn) It shall be unlawful to possess any species of | 25 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 26 | | other state, or any other country, whether or not the wildlife |
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| 1 | | or wildlife parts is indigenous to Illinois. For the purposes | 2 | | of this subsection, the statute of limitations for unlawful | 3 | | possession of wildlife or wildlife parts shall not cease until | 4 | | 2 years after the possession has permanently ended. | 5 | | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | 6 | | eff. 7-28-16; 100-489, eff. 9-8-17.)
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