(520 ILCS 5/1.1) (from Ch. 61, par. 1.1)
Sec. 1.1.
This Act shall be known and may be cited as the "Wildlife Code".
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2) (from Ch. 61, par. 1.2)
Sec. 1.2.
This Act shall be administered by and under the direction
of the Department of Natural Resources. As used in this
Act, unless the context otherwise requires, the terms specified in the Sections following this Section and preceding Section 1.3 have the meanings ascribed to them in those Sections.
(Source: P.A. 98-756, eff. 7-16-14.)
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(520 ILCS 5/1.2a) (from Ch. 61, par. 1.2a)
Sec. 1.2a.
"Administrative rule" means an administrative
rule of the
Department issued under Section 1.3 of this Act.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.2aa) Sec. 1.2aa. Centerfire. "Centerfire" means a gun that will only fire a round that contains the primer in the center of the cartridge and not in the rim of the cartridge.
(Source: P.A. 102-932, eff. 1-1-23.) |
(520 ILCS 5/1.2b) (from Ch. 61, par. 1.2b)
Sec. 1.2b.
"Authorized Employee" means all sworn members of the Law Enforcement
Division and those persons specifically granted law enforcement
authorization by the Director.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2b-1) (from Ch. 61, par. 1.2b-1)
Sec. 1.2b-1. Case. "Case" means any case, firearm carrying box, shipping box, or container acceptable under Article 24 of the Criminal Code of 2012.
(Source: P.A. 97-1027, eff. 8-17-12; 97-1150, eff. 1-25-13.)
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(520 ILCS 5/1.2bb) Sec. 1.2bb. Single shot. "Single shot" means a gun that is either manufactured or modified to only be capable of holding a total of one round in the magazine and chamber combined. "Single shot" does not include: (a) a rifle in the possession of a person who is also in possession of or in close proximity to a magazine that would allow the rifle to be capable of holding more than one round or (b) a revolver. A gun shall be considered single shot if there is no magazine in the possession of or in close proximity to a hunter in the field and the gun can only hold a total of one round.
(Source: P.A. 102-932, eff. 1-1-23.) |
(520 ILCS 5/1.2c) (from Ch. 61, par. 1.2c)
Sec. 1.2c.
"Contraband" means all wild birds or any part thereof, (their
nests or eggs), wild mammals or any part thereof, taken, bought, sold or
bartered, shipped or had in possession, or any conveyance, vehicle, water
craft or other means of transportation whatsoever (except sealed railroad
cars or other common carrier) used to transport or ship any part thereof
so taken, contrary to any of the provisions hereof or an administrative
rule of the Department; or any of the previously specified species when
taken legally but transported contrary to any of the provisions of this
Act or an administrative rule of the Department.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.2c-1) (from Ch. 61, par. 1.2c-1)
Sec. 1.2c-1.
Daily Limit.
Daily Limit means the maximum number or amount of species
which can be lawfully taken by one person in one calendar day.
(Source: P.A. 84-150.)
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(520 ILCS 5/1.2d) (from Ch. 61, par. 1.2d)
Sec. 1.2d.
"Department" means the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(520 ILCS 5/1.2e) (from Ch. 61, par. 1.2e)
Sec. 1.2e.
"Director" means the Director of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(520 ILCS 5/1.2f) (from Ch. 61, par. 1.2f)
Sec. 1.2f.
"Freshly killed" means any carcass, remains or parts of the
body of any dead mammal or bird that has not been prepared for immediate
consumption or storage for later consumption.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2g) (from Ch. 61, par. 1.2g)
Sec. 1.2g.
"Fur-bearing mammals" means the following specific species,
mink, muskrat, raccoon, striped skunk, weasel, bobcat, opossum, beaver,
river otter, badger, red fox, gray
fox, and coyote.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2h) (from Ch. 61, par. 1.2h)
Sec. 1.2h.
"Game mammals" means the following specific species:
cottontail,
swamp, and jack rabbit, white-tailed deer, fox squirrel, gray squirrel and ground hog.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2i) (from Ch. 61, par. 1.2i)
Sec. 1.2i.
"Green hide" means any hide or pelt which has not been tanned.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2j) (from Ch. 61, par. 1.2j)
Sec. 1.2j. "Gun" means shotgun, rifle, handgun, or air rifle. (Source: P.A. 102-837, eff. 5-13-22.)
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(520 ILCS 5/1.2j-1) Sec. 1.2j-1. "Bow and arrow" means a longbow, recurve bow, compound bow, or crossbow.
(Source: P.A. 97-907, eff. 8-7-12.) |
(520 ILCS 5/1.2j-2) Sec. 1.2j-2. Air rifle. "Air rifle" means an air gun, air pistol, spring gun, gas gun, spring pistol, B-B gun, pellet gun, or any implement that is not a firearm and propels a singular globular projectile or pellet constructed of steel, lead, or other hard materials by the use of compressed air, compressed gas, or spring power.
(Source: P.A. 102-837, eff. 5-13-22.) |
(520 ILCS 5/1.2k) (from Ch. 61, par. 1.2k)
Sec. 1.2k.
"Hunt" means the act of a person possessing a weapon or being
accompanied by a dog or a bird of prey for the purpose of taking
species protected by this
Act in any location such species may inhabit.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.2k-1) Sec. 1.2k-1. Hunting license. "Hunting license" means an electronic or physical license authorizing the person to take a certain type of animal during a specified period of time.
(Source: P.A. 100-150, eff. 8-18-17.) |
(520 ILCS 5/1.2l) (from Ch. 61, par. 1.2l)
Sec. 1.2l.
"Person" includes the plural "persons", "females" as well as
"males" and shall extend and be applied to clubs, associations, corporations,
firms and partnerships as well as individuals.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2m) (from Ch. 61, par. 1.2m)
Sec. 1.2m. "Resident" means a person who in good faith makes application for any
license or permit and verifies by statement that he or she has maintained his or her permanent abode in this State for a period of at least 30 consecutive days immediately preceding the person's application, and who does not maintain permanent abode or claim residency in another state for the purposes of obtaining any of the same or similar licenses or permits covered by this Code. A person's permanent abode is his or her fixed and permanent dwelling place, as distinguished from a temporary or transient place of residence. Domiciliary intent is required to establish that the person is maintaining his or her permanent abode in this State. Evidence of domiciliary intent includes, but is not limited to, the location where the person votes, pays personal income tax, or obtains a drivers license. Except for the purposes of obtaining a Lifetime License, any person on active duty in the
Armed Forces shall be considered a resident of Illinois during his or
her period of military duty.
(Source: P.A. 94-10, eff. 6-7-05.)
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(520 ILCS 5/1.2m-1) (from Ch. 61, par. 1.2m-1)
Sec. 1.2m-1.
Possession Limit.
Possession Limit means the maximum number or amount of
species which can be lawfully held or possessed by one person at any time.
(Source: P.A. 84-150.)
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(520 ILCS 5/1.2n) (from Ch. 61, par. 1.2n)
Sec. 1.2n.
"Sale" means to sell, barter or otherwise offer goods to another
for consideration. The term sale shall include serving the same as a part
of a meal by any restaurant, hotel, or other commercial establishment.
Proof of sale of any such game bird or game mammal shall constitute prima facie
evidence that such birds or mammals were also sold in violation of this
Act except as provided in Sections 3.23 and 3.24.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2o) (from Ch. 61, par. 1.2o)
Sec. 1.2o.
"Take" means hunt, shoot, pursue, lure, kill, destroy, capture,
gig or spear, trap or ensnare, harass, or to attempt to do so.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2p) (from Ch. 61, par. 1.2p)
Sec. 1.2p.
"Transport" or "ship" means to convey by means of parcel post,
express, freight baggage or shipment by common carrier of any description; or by
automobile, motorcycle, or other vehicle of any kind; or by water or aircraft
of any kind or by any other means of transportation whatsoever.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2q) (from Ch. 61, par. 1.2q)
Sec. 1.2q.
"Trap" means to capture, or attempt to capture, by setting or
placing a leg hold trap, cushion-hold trap, bodygripping trap, cage or box
trap, snare or other similar device permitted by this Act to capture, hold
or kill any wildlife protected by this Act.
(Source: P.A. 85-152; 86-1354.)
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(520 ILCS 5/1.2q-1) Sec. 1.2q-1. Trapping license. "Trapping license" means an electronic or physical license authorizing the person to take a certain type of animal during a specified period of time.
(Source: P.A. 102-524, eff. 8-20-21.) |
(520 ILCS 5/1.2q-2) Sec. 1.2q-2. Nuisance Wildlife Control Permit. "Nuisance Wildlife Control Permit" means an electronic or physical license authorizing the person to take a certain type of animal as provided in Section 2.37.
(Source: P.A. 102-524, eff. 8-20-21.) |
(520 ILCS 5/1.2r) (from Ch. 61, par. 1.2r)
Sec. 1.2r.
"Vehicle" means any device capable of transporting a person
on land, on ice, on water, in water, or in the air.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.2s) (from Ch. 61, par. 1.2s)
Sec. 1.2s. "Wild" means not ordinarily domesticated, and ordinarily living unconfined in a state of nature without the care of man.
(Source: P.A. 97-431, eff. 8-16-11.)
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(520 ILCS 5/1.2t) (from Ch. 61, par. 1.2t)
Sec. 1.2t.
"Wildlife" means any bird or mammal that is by nature wild by way of distinction from a bird or mammal that is
naturally tame and is ordinarily living unconfined in a state of nature
without the care of man.
(Source: P.A. 103-154, eff. 6-30-23.)
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(520 ILCS 5/1.2u) (from Ch. 61, par. 1.2u)
Sec. 1.2u.
"Individual" means a natural person.
(Source: P.A. 84-150.)
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(520 ILCS 5/1.2v) (from Ch. 61, par. 1.2v)
Sec. 1.2v.
"Water set" means any trap or similar device which is
placed or set in contact with flowing or impounded water.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.2v-1) Sec. 1.2v-1. Youth. "Youth" means a person under 18 years of age.
(Source: P.A. 100-638, eff. 1-1-19.) |
(520 ILCS 5/1.2w) (from Ch. 61, par. 1.2w)
Sec. 1.2w.
"Land set" means any trap or similar device which is not
placed or set in contact with flowing or impounded water.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.2x)
Sec. 1.2x.
Taxidermy.
"Taxidermy" means the art of preparing, preserving,
and mounting the skins of fish, birds, or mammals to make them appear lifelike.
(Source: P.A. 88-416.)
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(520 ILCS 5/1.2y) Sec. 1.2y. "Hound running" means pursuing any fox, coyote, raccoon, or rabbit with a hound.
(Source: P.A. 95-196, eff. 1-1-08.) |
(520 ILCS 5/1.2z)
Sec. 1.2z. "Authorized species" means any fox, coyote, raccoon, or rabbit associated with a hound running area.
(Source: P.A. 95-196, eff. 1-1-08.) |
(520 ILCS 5/1.3)
Sec. 1.3. The Department shall have the authority to manage
wildlife and regulate the taking of wildlife for
the
purposes of providing public recreation and controlling wildlife populations.
The seasons during which wildlife may be taken, the methods for taking
wildlife, the daily bag
limits, and the possession limits shall be established by the Department
through
administrative rule,
but the Department may not provide for a longer season, a
larger daily bag limit, or a larger possession limit than is provided in
this Code.
The Department is authorized to establish seasons for the taking of
migratory birds within the dates established annually by
Proclamation of the
Secretary, United States Department of the Interior, known as the
"Rules and Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.). When
the biological balance of any
species is affected, the Director may, by administrative rule, lengthen, shorten
or close the season during which waterfowl may be taken within the
federal limitations prescribed.
If the Department does not adopt an administrative rule establishing a
season, then the season shall be as set forth in the current "Rules and
Regulations for Migratory Bird Hunting". The Department shall advise the
public by reasonable means of the dates of the various seasons.
The Department may utilize the services of the staff of the Illinois
Natural History Survey of the University of Illinois for making investigations as to the population status of
the various species of wildlife.
Employees or agents of any state, federal, or municipal government or body
when engaged in investigational work and law enforcement, may with prior
approval of the Director, be exempted from the provisions of this Act.
(Source: P.A. 102-1114, eff. 6-1-23.)
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(520 ILCS 5/1.4) (from Ch. 61, par. 1.4)
Sec. 1.4.
The Department is authorized to make rules and regulations for
carrying out, administering and enforcing the provisions of this Act. These
rules and regulations shall be called and hereinafter referred to as
administrative rules.
Each rule shall be promulgated in accordance with the
Illinois Administrative Procedure Act.
A copy of any such rule, under the seal of the Department and
certified by the Director thereof shall be received in evidence in all
courts of this State with the same effect as the original.
Such rules, after becoming effective, shall be enforced in the same
manner as are any other provisions of this Act and violators thereof are
subject to the penalties set out in Section 3.5 of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(520 ILCS 5/1.5) (from Ch. 61, par. 1.5)
Sec. 1.5.
The Department is authorized to cooperate with the Environmental
Protection Agency of the State of Illinois in making pollution
investigations and making reports thereof.
(Source: P.A. 78-255.)
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(520 ILCS 5/1.6) (from Ch. 61, par. 1.6)
Sec. 1.6.
The Department, and persons authorized by it, may take, purchase or
propagate, any mammals or birds, or eggs of such birds for
propagation and stocking purposes, and when so taken, may transmit them
to parts of the State where a scarcity of such birds or
mammals exists, for the purpose of restocking such parts of the State.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.7) (from Ch. 61, par. 1.7)
Sec. 1.7.
The Department is authorized to produce such mammals, birds
or their eggs, and to distribute them to anyone having suitable land or
means for their breeding, hatching or further propagation; the
Department shall also have authority to enter into agreements with such
distributees for the propagation or purchase of mammals,
birds, (or their eggs), produced by such distributees.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.8) (from Ch. 61, par. 1.8)
Sec. 1.8.
The Department may establish and maintain refuges or public hunting
areas upon any lands or waters owned by the Federal government by mutual
consent of the Federal and State governments and upon any lands owned or
leased by the State, with the consent and approval of the state
department or agency having jurisdiction over such lands.
The Department may designate state managed lands and waters or portions
thereof as wildlife refuges by administrative rule.
It shall be unlawful to take any species of wildlife on any property named
as a wildlife refuge by the Department or other Department management areas
except as provided by Section 2.25 and Administrative Rules.
The Department shall post the boundaries of such refuges and shall
publish legal notices in accordance with the procedure set forth in
Section 1.13 pertaining to the operation of Public Hunting Areas.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.9) (from Ch. 61, par. 1.9)
Sec. 1.9.
The Department shall have the power and authority to select and
purchase or lease, receive by donation or acquire, in accordance with
the laws relating to eminent domain: (a) suitable lands for the
breeding, hatching, propagation and conservation of birds or
mammals, (b) lands or lands and waters, to be used as public hunting and
fishing grounds, or (c) lands or lands and waters to be used as wildlife
refuges.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.9-1) (from Ch. 61, par. 1.9-1)
Sec. 1.9-1.
The following described areas are designated as State game farms:
Wilmington State Game Farm in Will County;
Glen D. Palmer State Game Farm in Kendall County;
Mt. Vernon State Game Farm in Jefferson County.
(Source: P.A. 78-255.)
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(520 ILCS 5/1.9-2) Sec. 1.9-2. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(520 ILCS 5/1.10) (from Ch. 61, par. 1.10)
Sec. 1.10.
The Department shall take all measures necessary for the
conservation, distribution, introduction and restoration of birds
and mammals. The Department also shall bring or cause to be
brought, actions and proceedings, in the name, and by the authority, of
the People of the State of Illinois, to enforce the provisions of this
Act, including administrative rules, and to recover any and all fines
and penalties hereinafter provided for. Nothing in this Act shall be
construed to authorize the Department to change any penalty prescribed
by law for a violation of its provisions, or to change the amount of
licenses prescribed by law. The Department is authorized to cooperate
with the appropriate Departments of the Federal Government and other
Departments or agencies of the State government and educational
institutions in conducting surveys, experiments, or work of joint
interest or benefit.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.11) (from Ch. 61, par. 1.11)
Sec. 1.11.
The Department may establish Conservation Training Schools and employ
technicians and such other help as may be necessary for the purpose of
teaching conservation methods to employees of the
Department, and such other interested groups as the Department shall
deem necessary or desirable to carry out the provisions and purposes of
this Act.
The Department shall, in order to educate the citizens of this State
in the modern trends of conservation, disseminate
conservation information and the provisions of this Act
through the mediums of lectures, motion pictures, photographs, pictures,
exhibits, radio, news items, pamphlets and other media the Department
may deem suitable for this purpose.
The Department may publish, periodically, a bulletin or magazine
containing information concerning the work of the Department, the
conservation and propagation of wildlife, hunting and fishing, and any
such other information as the Department deems to be of general or
special interest to sportsmen and others affected by any law
administered by the Department. A reasonable charge may be made for each
copy of such publication. All funds derived from the sale of such
publication shall be deposited in the Wildlife and Fish fund in the State
Treasury.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.12) (from Ch. 61, par. 1.12)
Sec. 1.12.
The Department shall use the most modern conservation methods
to manage wildlife on State controlled lands or waters for propagation or
breeding wildlife. The Department may cooperate with any person desirous
of managing wildlife on private lands or waters by (a) furnishing trees,
shrubs, seeds or other materials where deemed necessary or desirable and
(b) providing labor, equipment and technical supervision to plan and assist
the landowner in wildlife habitat development.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.13) (from Ch. 61, par. 1.13)
Sec. 1.13. The Department is authorized to issue a "Public Hunting Grounds
for Waterfowl" daily usage stamp at a fee not to exceed $10
for duck hunting areas, and not to exceed $15 for Canada goose
hunting areas; and assess a daily "Public Hunting Grounds for Game Birds" fee not to exceed $25 ($35 for non-residents) in 2008 and increasing by $5 every third year until the maximum fee is $50 ($60 for non-residents).
Each person shall obtain such a stamp from the Department to be attached
to the permit
assigned to a person, or pay the daily fee to hunt game birds, under the provisions of the rules and regulations made
by the Department for the operation of State Public Hunting Grounds. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
The Department is authorized to permit hunters to harvest both male and
female hand reared pheasants, bobwhite quail, chukar partridge, and gray partridge released on such public hunting grounds. The Department may permit hunters to harvest hand-reared game birds on State Public Hunting Grounds during a season set by administrative rule between the dates of September 1st and March 31st, both inclusive.
The Department shall cause an administrative rule, setting
forth the rules
and regulations for the operation of Public Hunting Areas on lands and waters
owned or leased by this State.
(Source: P.A. 99-866, eff. 1-1-17.)
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(520 ILCS 5/1.14) (from Ch. 61, par. 1.14)
Sec. 1.14.
All authorized employees of the Department shall have the power of, and
shall be peace officers in the enforcement of the provisions of this Act,
including administrative rules, and may carry such weapons as may be
necessary to arrest any person resisting arrest.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.15) (from Ch. 61, par. 1.15)
Sec. 1.15.
All authorized employees of the Department, duly accredited officers
of the U. S. Fish and Wildlife Service, and all sheriffs, deputy
sheriffs, and other peace officers shall be empowered to arrest any person detected in
violation of any of the provisions of this Act, including administrative
rules.
All such officers shall make prompt investigation of any violation of
the provisions of this Act, including administrative rules, reported by
any other person, and cause a complaint to be filed before the Circuit
Court having jurisdiction thereof in case there seems just ground for
such complaint and evidence procurable to support the same.
Upon the filing of such complaint, such officers shall render
assistance in the prosecution of the party against whom complaint is
made.
Peace officers, but no employee of the Department, making arrests and
serving warrants provided for by this Act shall receive the fees and
mileage as provided by law for sheriffs.
Each duly accredited officer and authorized employee of the
Department is authorized to execute and serve all warrants and processes
issued by any Circuit Court.
In the performance of their law enforcement duties under this Act,
authorized employees of the Department may operate vehicles owned or leased
by the Department upon a highway, other than an interstate highway, limited
access highway, State highway or any highway within the limits of an
incorporated area, during hours of darkness without lighted headlamps, tail
lamps and clearance lamps, notwithstanding the provisions of Article 12 of
The Illinois Vehicle Code if so operating such vehicles will aid in the
accomplishment of a lawful arrest
for violation of this Act or subsequent administrative rules or in
ascertaining whether a violation of this Act or subsequent administrative
rules has been or is about to be committed and when it will not endanger
the public health, safety and welfare.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.16) (from Ch. 61, par. 1.16)
Sec. 1.16.
All State's Attorneys shall enforce the provisions of this Act,
including administrative rules, in their respective counties, and shall
prosecute all persons charged with violating such provisions, when so
requested by the Department.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.17) (from Ch. 61, par. 1.17)
Sec. 1.17.
All prosecutions provided for by this Act shall be brought before the
Circuit Court for the county within which the offense was committed.
All such prosecutions shall be commenced within 2 years from the time
the offense charged was committed.
(Source: P.A. 82-965.)
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(520 ILCS 5/1.18) (from Ch. 61, par. 1.18)
Sec. 1.18.
All fines provided for by this Act which are imposed and collected
shall be remitted to the Department, within 30 days after the collection
thereof, by the Clerk of the Circuit Court collecting such fines, who
shall submit at the same time to the Department, a statement of the
names of the persons so fined, the name of the arresting officer, the citation
number, the amount of the fine, and the date of conviction.
(Source: P.A. 81-382.)
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(520 ILCS 5/1.19) (from Ch. 61, par. 1.19)
Sec. 1.19.
All authorized employees of the Department are empowered, pursuant
to law, to enter all lands and waters to enforce
the provisions of this Act. Authorized employees are further empowered
to examine all buildings,
private or public clubs (except dwellings), fish markets, cold storage
houses, locker plants, camps, vessels, cars (except sealed railroad cars
or other sealed common carrier), conveyances, vehicles, watercraft or
other means of transportation or shipping whatsoever, tents, game bags,
game coats or other receptacles, and to open and examine any box,
barrel, package, or other receptacle in the possession of a common
carrier, which they have reason to believe contains wild birds or any
part thereof (their nests or eggs), or wild mammals or any part thereof,
taken, destroyed, bought, sold or bartered, shipped or held in possession
contrary to any of the provisions of this Act, including administrative
rules, or that the receptacle containing the same is falsely labeled.
All authorized employees of the Department shall be given free access
to and shall not be hindered or interfered with in making such
examination, and any license issued by the Department held by the person
preventing such free access or interfering with or hindering such
authorized employee shall be subject to confiscation by the Department;
and no license or permit of any kind whatsoever shall be issued to such
person for the period of one year thereafter.
Authorized law enforcement employees of the Department are empowered to
conduct examination of equipment and devices in the field, pursuant to law,
to ensure compliance with the provisions of this Act.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.20) (from Ch. 61, par. 1.20)
Sec. 1.20.
The possession of any wild bird or wild mammal protected under this
Act, is prima facie evidence that the same is subject to all the
provisions of this Act, including administrative rules, pertaining to
the taking, possession and disposition thereof.
Whenever the contents of any box, barrel, package, or receptacle
consists partly of contraband and partly of legal species or any part
thereof (their nests or eggs), the entire contents of such box, barrel,
package or other receptacle is subject to confiscation.
Whenever a person has in his or her possession in excess of the
number of wild birds or wild mammals, or parts thereof, permitted under
the provisions of this Act, including administrative rules, the entire
number of wild birds or wild mammals, or parts thereof, in his or her
possession is subject to confiscation.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.21) (from Ch. 61, par. 1.21)
Sec. 1.21.
Whenever any authorized employee of the Department, sheriff, deputy
sheriff or other peace officer of the State shall have reason to believe
that any person, commercial institution, commission house, restaurant or
cafe keeper, has in his or her, or its possession any wild birds or any
part thereof (their nests or eggs), or wild mammals or any part thereof,
contrary to the provisions of this Act, including administrative rules, he
may file, or cause to be filed, his sworn complaint to such effect, before
the Circuit Court and procure a search warrant and execute the same. Upon
the execution of such search warrant, the officer executing same shall make
due return thereof to the court issuing the same, together with an
inventory of all the wild birds or any part thereof (their nests or eggs),
or wild mammals or any part thereof, taken thereunder. The court shall
thereupon issue process against the party owning, controlling or
transporting the wild birds or any part thereof (their nests or eggs), or
wild mammals or any part thereof, seized, and upon the return thereof it
shall proceed to determine whether or not the same were held, possessed, or
transported in violation of this Act, including administrative rules, and
in case of a finding to the effect that the same were illegally held,
possessed, transported or sold, a judgment shall be entered against the
owner or party found in possession of the same for the costs of the
proceeding and providing for the disposition of the property seized, as
provided for by the terms hereof.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.22) (from Ch. 61, par. 1.22)
Sec. 1.22.
It shall be unlawful for any person to resist or obstruct any authorized
employee of the Department or other peace officer in the discharge of his
duties under the provisions hereof.
(Source: P.A. 77-1781.)
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(520 ILCS 5/1.23) (from Ch. 61, par. 1.23)
Sec. 1.23.
It shall be unlawful for any person to represent himself falsely to be
an authorized employee of the Department, or to assume to act as such
without having been duly appointed and employed as such.
(Source: P.A. 77-1781.)
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(520 ILCS 5/1.24) (from Ch. 61, par. 1.24)
Sec. 1.24.
Contraband wild birds or any part thereof (their nests or eggs), or wild
mammals or any part thereof, or fur-bearing mammals or any part thereof
seized and confiscated in accordance with the provisions hereof, shall be
disposed of as directed by the Department.
(Source: P.A. 78-826.)
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(520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
Sec. 1.25.
Every hunting or trapping device, vehicle or conveyance, when
used or operated illegally, or attempted to be used or operated illegally
by any person in taking, transporting, holding, or conveying any wild bird
or wild mammal, contrary to the provisions of this Act, including administrative
rules, is a public nuisance and subject to seizure and confiscation by
any authorized employee of the Department; upon the seizure of such item
the Department shall take and hold the same until disposed of as hereinafter provided.
Upon the seizure of any property as herein provided, the authorized employee
of the Department making such seizure shall forthwith cause a complaint
to be filed before the Circuit Court and a summons to be issued requiring
the person who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such property to
appear in court and show cause why the property seized should not be forfeited
to the State.
Upon the return of the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the illegality of the
use of the seized property and upon judgment being entered to the effect
that such property was illegally used, an order may be entered providing
for the forfeiture of such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such property may
have a jury determine the illegality of its use, and shall have the right
of an appeal, as in other cases. Such confiscation or forfeiture
shall not preclude or mitigate against prosecution and assessment of penalties
otherwise provided in this Act.
Upon seizure of any property under circumstances supporting a
reasonable belief that such property was abandoned, lost or stolen or
otherwise illegally possessed or used contrary to the provisions of this
Act, except property seized during a search or arrest, and ultimately
returned, destroyed, or otherwise disposed of pursuant to order of a court
in accordance with this Act, the authorized employee of the Department
shall make reasonable inquiry and efforts to identify and notify the owner
or other person entitled to possession thereof, and shall return the
property after such person provides reasonable and satisfactory proof of
his ownership or right to possession and reimburses the Department for all
reasonable expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property has not been
ascertained within 6 months after the Department obtains such possession,
the Department shall effectuate the sale of the property for cash to the
highest bidder at a public auction. The owner or other person entitled to
possession of such property may claim and recover possession of the
property at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of possession and
reimbursing the Department for all reasonable expenses of custody thereof.
Any property, including guns, forfeited to the State by court order pursuant
to this Section, may be disposed of by public auction, except
that any property which is the subject of such a court order shall not be
disposed of pending appeal of the order. The proceeds of the sales at auction
shall be deposited in the Wildlife and Fish Fund.
The Department shall pay all costs of notices required by this Section.
Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18.)
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(520 ILCS 5/1.26) (from Ch. 61, par. 1.26)
Sec. 1.26.
Each wild bird or wild mammal, or any part thereof (including the nests
or eggs of wild birds), taken, shipped, offered or received for shipment,
transported, bought, sold, or bartered, or had in possession, and each
green hide of game mammals or fur-bearing mammals bought, sold, shipped, or
had in possession contrary to the provisions of this Act, including
administrative rules, and each trap, snare, net or other device, including
ferrets, used or attempted to be used, in violation of such provisions
constitutes a separate offense.
(Source: P.A. 85-152.)
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(520 ILCS 5/1.27) (from Ch. 61, par. 1.27)
Sec. 1.27.
Any person who aids or contributes in any manner
to a violation of this Act, including administrative rules, is
individually liable, as a separate offense under the provisions hereof,
for the penalties imposed against the person who committed the
violation.
(Source: P.A. 85-1181.)
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(520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
Sec. 1.28. Fees and fines; deposit in funds. All fees, fines,
including bond forfeitures, income of whatsoever
kind or nature derived from hunting and fishing activities on lands or waters
or both under the jurisdiction or control of the Department, and all penalties
collected under this Act shall be deposited in the State Treasury and
shall be set apart in a special fund to be known as the "Wildlife and Fish
Fund"; except that fees derived solely from the sale of salmon stamps,
income from art contests for the salmon stamp, including income from the
sale of reprints, and gifts, donations, grants and bequests of money for
the conservation and propagation of salmon shall be deposited in the State
Treasury and set apart in the special fund to be known as the "Salmon
Fund"; and except that fees derived solely from the sale of state migratory
waterfowl stamps, and gifts, donations, grants and bequests of money for
the conservation and propagation of waterfowl shall be deposited in the
special fund to be known as the "State Migratory Waterfowl Stamp Fund";
and except that, of fees derived
solely from the sale of State Habitat Stamps, 64% shall be deposited into the Illinois Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the State Furbearer Fund. Income generated from the sale of
artwork associated with the State Habitat Stamps shall be deposited into
the Illinois Habitat Fund.
All interest that accrues from monies deposited into the Wildlife and
Fish Fund, the Salmon Fund, the State Migratory Waterfowl Stamp Fund, the
State Furbearer Fund, the State Pheasant Fund, and the
Illinois Habitat Fund shall be deposited into those funds, respectively.
Appropriations from the "Wildlife and
Fish Fund" shall be made only to the Department for the carrying out of
the powers and functions vested by law in the Department
for the administration and management of fish and wildlife resources of this State for such activities as the purchase of land for fish hatcheries, wildlife refuges,
preserves and public shooting and fishing grounds; the purchase and
distribution of wild birds, the eggs of wild birds, and wild mammals for
rescuing, restoring and distributing fish; the maintenance of wildlife
refuges, or preserves, public shooting grounds, public fishing grounds and
fish hatcheries; and the feeding and care of wild birds, wild
animals and fish.
(Source: P.A. 95-853, eff. 8-18-08.)
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(520 ILCS 5/1.28a) (from Ch. 61, par. 1.28a)
Sec. 1.28a.
The Wildlife and Fish Fund shall also be used for the
purposes set forth in Section 1-235 of the Fish and Aquatic Life Code.
(Source: P.A. 87-895.)
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(520 ILCS 5/1.29) (from Ch. 61, par. 1.29)
Sec. 1.29. Migratory Waterfowl Stamp Fund.
(a) There is hereby created in the State Treasury the State
Migratory Waterfowl Stamp Fund. All fees collected from the sale of
State Migratory Waterfowl Stamps shall be deposited into this Fund. These
moneys shall be appropriated to the Department for the following purposes:
(1) 25% of funds derived from the sale of State | ||
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(2) 25% of funds derived from the sale of State | ||
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(3) 25% of funds derived from the sale of State | ||
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(4) 25% of funds derived from the sale of State | ||
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(b) Before turning over any funds under the provisions of
paragraphs (2) and (3) of subsection (a)
the Department shall obtain evidence that the project is
acceptable to the appropriate governmental agency of the Dominion of
Canada or the United States or of one of its Provinces or States having
jurisdiction over the lands and waters affected by the project, and shall
consult those agencies and the State Duck Stamp Committee for approval
before allocating funds.
(c) The State Duck Stamp Committee shall consist of: (1) The State
Waterfowl Biologist, (2) The Chief of the Wildlife
Resources Division or his designee, (3) The Chief of the Land Management
Division or his designee, (4) The Chief of the Engineering Division
or his designee, and (5) Two or more at large representatives from
statewide waterfowl organizations appointed by the Director. The
Committee's duties shall be to review and recommend all Duck Stamp Projects
and review and recommend all expenditures from the State Migratory
Waterfowl Stamp Fund. The committee shall give due consideration to
waterfowl projects that are readily available to holders of the State
Migratory Waterfowl Stamp, wherever they may live in Illinois.
(Source: P.A. 96-831, eff. 1-1-10.)
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(520 ILCS 5/1.30) (from Ch. 61, par. 1.30)
Sec. 1.30.
The Department has the authority to sell
Federal Migratory Bird Hunting and Conservation Stamps.
The Department may consign, issue or otherwise make
available such stamps for sale by designated agents as
authorized in Section 3.37 of this Act. The income
received from the sale of Federal Migratory Bird Hunting
and Conservation Stamps shall be deposited in the Wildlife
and Fish Fund. Proceeds collected, less administrative fees
so authorized, shall be remitted to the United States Fish
and Wildlife Services.
(Source: P.A. 85-966.)
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(520 ILCS 5/1.31) (from Ch. 61, par. 1.31)
Sec. 1.31.
Pheasant Fund.
There is created in the
State Treasury the State
Pheasant Fund.
All interest earned on monies in this Fund shall remain in the
fund.
(a) Thirty percent of the money collected from the sale of State Habitat
Stamps, and all interest earned, gifts, donations, grants, and bequests of
money for the
conservation of wild pheasants shall be deposited
into the State Pheasant Fund for
appropriation to the Department for the following purposes:
(1) 50% of funds derived from the sale of State | ||
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(2) 50% of funds derived from the sale of State | ||
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(b) The State Pheasant Committee is created and
shall consist of:
(1) the Chief of the Wildlife
Resources Division or his designee, (2) the Chief of the Land Management
Division or his designee, (3) one representative appointed by the
Director who is from a nonprofit institution, corporation, or university
within the State and is actively engaged in wildlife research pertaining to
game birds, especially pheasants, (4) the Chief of the Technical Services
Division or his designee, and (5) 2 or
more representatives from statewide pheasant organizations,
appointed by the Director. The Committee shall review and recommend all
allocation of funds from the State Pheasant Fund.
(c) At the end of each license accounting period, if 30% of the money
collected from the sale of State Habitat Stamps and deposited into the
State Pheasant Fund is less than $500,000, the Director shall request a
transfer and the State Comptroller
and State Treasurer shall transfer from the Illinois Habitat Fund to the
State Pheasant Fund the amount
necessary to bring the total deposited into the State Pheasant Fund to $500,000.
(Source: P.A. 86-158; 86-1028; 87-135; 87-1015.)
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(520 ILCS 5/1.32) (from Ch. 61, par. 1.32)
Sec. 1.32.
Distribution of funds; State Furbearer Committee.
(a) There is created within the State Treasury the State
Furbearer
Fund.
All interest earned on monies in this Fund shall remain in the fund. Six
percent of the money collected from the sale of State Habitat Stamps, and
all interest earned, gifts, donations, grants, and bequests of money for
the conservation of
furbearing mammals shall be
deposited into the State Furbearer Fund and shall be held
separate and apart from the
general fund. These monies shall be appropriated to the
Department for the following purposes:
(1) 10% of all funds derived from the sale of State | ||
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(2) 45% of all funds derived from the sale of State | ||
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(3) 45% of all funds derived from the sale of State | ||
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All allocations and accounting of moneys in the State Furbearer Fund,
including all expenditures previously incurred, shall be allocated according to the
percentages established by this amendatory Act of 1992.
(b) The State Furbearer Committee shall consist of: (1) the
State Furbearer Biologist, (2) the Chief of the Division of Wildlife
Resources or his designee, (3) the Chief of the Division of Land Management
or his designee, (4) one representative appointed by the Director who is
from a nonprofit institution, corporation or university within the State
and is actively engaged in wildlife research pertaining to game or
fur-bearing mammals, and (5) at least 2, but not more than 3, at large representatives
from statewide fur-bearing mammal hunting and trapping organizations
appointed by the Director. The Committee's duties shall be to review and
recommend all State Furbearer Projects, and to review and recommend all
expenditures from the State Furbearer Fund.
(c) At the end of each license accounting period, if 6% of the money
collected from the sale of State Habitat Stamps and deposited into the
State Furbearer Fund is less than $100,000, the Director shall request a
transfer and the State Comptroller and State Treasurer shall transfer
from the Illinois Habitat Fund to the State Furbearer Fund the amount
necessary to bring the total deposited into the State Furbearer Fund to $100,000.
(Source: P.A. 86-159; 86-1028; 87-135; 87-1015.)
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(520 ILCS 5/2.1) (from Ch. 61, par. 2.1)
Sec. 2.1.
The ownership of and title to all wild birds and wild mammals
within the jurisdiction of the State are hereby declared to be in the
State, and no wild birds or wild mammals shall be taken or killed, in any
manner or at any time, unless the person or persons so taking or killing
the same shall consent that the title thereto shall be and remain in the
State for the purpose of regulating the taking, killing, possession, use,
sale and transportation thereof, after such taking or killing, as
hereinafter set forth. The taking or killing of wild birds or wild mammals
at any time, in any manner, and by any person, shall be deemed a consent on
the part of such person that the title to such wild birds or wild mammals
shall remain in the State for the purpose of regulating the possession,
use, sale and transportation thereof.
The regulation and licensing of the taking of wildlife in Illinois are
exclusive powers and functions of the State. A home rule unit may not
regulate or license the taking of wildlife. This Section is a denial and
limitation of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87-296.)
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(520 ILCS 5/2.2) (from Ch. 61, par. 2.2)
Sec. 2.2. This Act shall apply only to the wild birds and parts of
wild birds (including, but not limited to, their nests and eggs), and wild mammals and parts
of wild mammals, which shall include their green hides, in the State of
Illinois, or which may be brought into the State.
Wildlife protected by this Act, hereby defined as protected species, include the following wild species and all
wild species contained in listed families, including, but not limited to, groups of wild species preceding each family
name: (except the House Sparrow, Passer
domesticus; European Starling, Sturnus vulgaris; and Rock Pigeon, Domestic
Pigeon, Columba livia; Eurasian Collared Dove, Streptopelia decaocto; Ringed Turtle-Dove, Streptopelia roseogrisea; Purple Swamphen, Porphyrio porphyio; or Muscovy Duck, Cairina moschata). GAME BIRDS-Ruffed grouse, Bonasa umbellus;
Sharp-tailed grouse, Tympanuchus phasianellus; Northern Bobwhite, Colinus
virginianus; Gray Partridge, Perdix perdix; Chukar,
Alectoris chukar; Ring-necked Pheasant, Phasianus colchicus; Greater
Prairie Chicken, Tympanuchus cupido; Wild Turkey, Meleagris gallopavo.
MIGRATORY GAME BIRDS-Waterfowl including brant, ducks, geese, and
swans, Anatidae; wild species of the families Rallidae (Virginia Rails and Sora Rails), Scolopacidae (Wilson's Snipe and Woodcock), Columbidae (Mourning Dove and White-winged Dove), and Corvidae that may be legally hunted as provided for in Section 2.18 of this Act.
RESIDENT AND MIGRATORY NON-GAME BIRDS-Loons, Gaviidae; grebes,
Podicipedidae; pelicans, Pelecanidae; gannets, Sulidae; cormorants, Phalacrocoracidae; anhingas, Anhingidae; frigatebirds, Fregatidae;
herons, bitterns and egrets, Ardeidae; ibises and spoonbills,
Threskiornithidae; storks, Ciconiidae; vultures, Cathartidae; kites, hawks, ospreys,
and eagles, Accipitridae; falcons, merlins, and kestrels, Falconidae; rails, gallinules, and moorhens, which may not be legally hunted, Rallidae (unless listed as a migratory game bird); cranes, Gruidae; all shorebirds that may not be legally hunted, of the families Charadriidae, Scolopacidae (unless listed as a migratory game bird),
and Recurvirostridae gulls,
terns, jaegers, skimmers, and kittiwakes, Laridae; dovekies and murrelets, Alcidae; doves and pigeons, which may not be legally hunted, Columbidae (unless listed as a migratory game bird); cuckoos and anis, Cuculidae; owls, Tytonidae and Strigidae;
whip-poor-wills, chuck-will's-widows, and nighthawks, Caprimulgidae; swifts, Apodidae;
hummingbirds, Trochilidae, Kingfishers, Alcedinidae; woodpeckers, flickers, and sapsuckers, Picidae;
kingbirds, pewees, phoebes, and flycatchers, Tyrannidae shrikes, Laniidae; vireos, Vireonidae; magpies, ravens, and jays, Corvidae; larks, Alaudidae; swallows and
martins, Hirundinidae; chickadees and
titmice, Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens,
Troglodytidae; kinglets, Regulidae; gnatcatchers, Sylviidae; robins,
bluebirds, solitaires, veerys, and thrushes, Turdidae; mockingbirds, catbirds, and thrashers, Mimidae;
pipits, Motacillidae; waxwings, Bombycillidae; warblers, parulas, redstarts, ovenbirds, waterthrushes, yellowthroats, and chats, Parulidae; tanagers, Thraupidae; towhees, longspurs, sparrows, buntings, and juncos, Emberizidae; dickcissels, cardinals, buntings, and grosbeaks, Cardinalidae;
blackbirds, meadowlarks, bobolinks, grackles, cowbirds, and orioles, Icteridae; grosbeaks, finches, crossbills, redpolls, and siskins, Fringillidae. GAME MAMMALS-Woodchuck, Marmota
monax; Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus niger;
Eastern cottontail, Sylvilagus
floridanus; Swamp rabbit, Sylvilagus aquaticus; White-tailed deer,
Odocoileus virginianus. FUR-BEARING MAMMALS-Muskrat, Ondatra zibethicus;
Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum, Didelphis virginiana; Least weasel, Mustela nivalis; Long-tailed weasel, Mustela
frenata; Mink, Mustela vison; River otter, Lontra canadensis; Striped skunk,
Mephitis mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray fox,
Urocyon cinereoargenteus; Coyote, Canis latrans; Bobcat, Lynx rufus. OTHER
MAMMALS-Flying squirrel, Glaucomys volans; Red squirrel, Tamiasciurus
hudsonicus; Eastern Woodrat, Neotoma floridana; Golden Mouse, Ochrotomys
nuttalli; Rice Rat, Oryzomys palustris; Franklin's Ground Squirrel, Spermophilus franklinii; Bats, Vespertilionidae; Gray wolf, Canis lupus; American black bear, Ursus americanus; Cougar, Puma concolor.
It shall be unlawful for any person at any time to take, possess, sell,
or offer for sale, propagate, or release into the wild, any of these wild birds (dead or alive) and parts of
wild birds (including, but not limited to, their nests and eggs), wild mammals (dead or alive)
and parts of wild mammals, including their green hides contrary to the
provisions of this Act. However, nothing in this Act shall prohibit
bona-fide public or state scientific, educational or zoological
institutions from receiving, holding, and displaying protected species that
were salvaged or legally obtained.
It shall be unlawful for any person to take any other living wildlife
animal not covered by this Act without the permission of the landowner
or tenant.
(Source: P.A. 103-23, eff. 1-1-24.)
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(520 ILCS 5/2.2a) Sec. 2.2a. Invasive and exotic wild animals. The Department may prohibit or limit the importation, possession, release into the wild, take,
commercialization of take, sale, and propagation of wild mammals, wild birds, and feral livestock that are not
defined as protected species in Section 2.2 of this Act, to reduce risks of communicable diseases, nuisances, and damages to
wild or domestic species, agricultural crops, property, and environment. The Department shall set forth applicable
regulations in an administrative rule. Nothing in this Act shall prohibit bona fide public or State scientific,
educational, or zoological institutions from receiving, holding, and displaying unprotected species that were
salvaged or legally obtained. Nothing in this Section shall be construed to criminalize the accidental escape of domestic livestock.
(Source: P.A. 97-431, eff. 8-16-11.) |
(520 ILCS 5/2.2b) Sec. 2.2b. Imminent threat; nuisance permits. (a) It shall not be illegal for an owner or tenant of land, or his or her designated agent, to immediately take on his or her property a gray wolf, Canis lupus; American black bear, Ursus americanus; or cougar, Puma concolor if, at any time, the gray wolf, American black bear, or cougar is stalking or causing an imminent threat or there is a reasonable expectation that it causes an imminent threat of physical harm or death to a human, livestock, or domestic animals or harm to structures or other property on the owner's or tenant's land. (b) The Department may grant a nuisance permit to the owner or tenant of land, or his or her designated agent, for the taking of a gray wolf, American black bear, or cougar that is causing a threat to an owner or tenant of land or his or her property that is not an immediate threat under subsection (a) of this Section. (c) The Department shall adopt rules to implement this Section.
(Source: P.A. 98-1033, eff. 1-1-15; 99-78, eff. 7-20-15.) |
(520 ILCS 5/2.3) (from Ch. 61, par. 2.3)
Sec. 2.3. Release of Wildlife - Permission. It shall be unlawful to
release from captivity any live bird or mammal, either indigenous or non-indigenous in this State and that is ordinarily considered a wildlife species except as
provided in Sections 2.2, 2.4, 2.34, 2.37, 3.23 and
3.29, anywhere in this State without first securing the written permission of the
Department to do so. The Department may set forth applicable regulations by
administrative rule.
(Source: P.A. 97-431, eff. 8-16-11.)
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(520 ILCS 5/2.4) (from Ch. 61, par. 2.4)
Sec. 2.4.
The term birds of prey shall include all species of owls,
falcons, hawks, kites, harriers, ospreys and eagles. It shall be unlawful
for any person, organization or institution to take or possess a bird of
prey (raptor) without first obtaining a license or appropriate permit from
the Department. All applicants must be at least 14 years of age.
Regulations for the capture, use, possession and transportation of birds of
prey for falconry or captive propagation purposes are provided by
administrative rule. The fee for a falconry license is $200 for 5 years and
must be renewed every 5 years. The fee for a captive propagation permit is
$200 for 5 years and must be renewed every 5 years. The fee for a raptor
capture permit for a resident of the State of Illinois is $50 per year.
The fee for a non-resident raptor capture permit is $100 per year. A
Scientific Collectors Permit, available to qualified
individuals as provided in Section 3.22 of this Act, may be obtained from
the Department for scientific, educational or zoological purposes. No
person may have in their possession Bald Eagle, Haliaeetus leucocephalus;
Osprey, Pandion haliaeetus; or Barn Owl, Tyto alba. All captive-held birds
of prey must be permanently marked as provided by administrative rule. The
use of birds of prey for the hunting of game birds, migratory birds, game
mammals, and furbearing mammals shall be lawful during falconry seasons,
which shall be set by administrative rule.
(Source: P.A. 97-1136, eff. 1-1-13.)
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(520 ILCS 5/2.5)
Sec. 2.5. (Repealed).
(Source: P.A. 99-143, eff. 7-27-15. Repealed by P.A. 100-489, eff. 9-8-17.)
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(520 ILCS 5/2.5a)
Sec. 2.5a. (Repealed).
(Source: P.A. 99-308, eff. 8-7-15. Repealed by P.A. 100-489, eff. 9-8-17.)
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(520 ILCS 5/2.6) (from Ch. 61, par. 2.6)
Sec. 2.6.
Pheasant season; limits.
It shall be unlawful for any person to take cock pheasants except with
shotgun or bow and arrow during the open season which will be set annually
by the Director between the dates of October 15--January 31st, both
inclusive. Dogs may be used in hunting with either shotgun or bow and arrow.
It shall be unlawful to take or possess more than the daily limit and
possession limit of cock pheasants. The daily and possession limits for
cock pheasants shall be set annually by the Director of the Department and
shall not exceed a daily limit of 3 and a possession limit of 6, except as
provided by Sections 1.13, 3.27 and 3.28 of this Act.
It is unlawful to remove plumage of pheasants in the field or while being
transported from the field to one's home or to a commercial preservation
facility.
It shall be unlawful to take or possess hen pheasants at any time,
except as provided in Section 2.4, 3.23 or 3.27.
The provisions of this Section are subject to modification by
administrative rule.
(Source: P.A. 90-225, eff. 7-25-97.)
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(520 ILCS 5/2.7) (from Ch. 61, par. 2.7)
Sec. 2.7.
It shall be unlawful for any person to take quail except with
shotgun, or bow and arrow, and only during the open season which will be
set annually by the Director between the dates of October 15th - January
31st, both inclusive. Dogs may be used in hunting with either shotgun or
bow and arrow.
It shall be unlawful to take or possess more than the daily limit and
possession limit of bobwhite quail that shall be set annually by the
Director of the Department which cannot exceed a daily take limit of 10 and
a possession limit of 20.
The provisions of this Section are subject to modification by
administrative rule.
(Source: P.A. 85-1209.)
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(520 ILCS 5/2.8) (from Ch. 61, par. 2.8)
Sec. 2.8.
It is unlawful for any person to take ruffed, sharp-tailed, and
pinnated grouse (prairie chicken) in this State at any time.
(Source: P.A. 81-382.)
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(520 ILCS 5/2.9) (from Ch. 61, par. 2.9)
Sec. 2.9.
It shall be unlawful for any person to take or possess wild turkey
unless they
are taken or possessed in compliance with Sections
2.10 and 2.11 and any administrative rules issued pursuant to the
provisions of such Sections.
(Source: P.A. 85-152.)
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(520 ILCS 5/2.10) (from Ch. 61, par. 2.10)
Sec. 2.10.
The Department may, on an annual basis, establish a spring
wild turkey open season within the period beginning on March 1
and running
through May 31, and a fall wild turkey season within the period
beginning
on October 1 and running through January 31. The Department may, on an annual basis, establish a youth-only spring wild turkey season which shall include 2 consecutive weekends. It shall be unlawful for any
person to take wild turkey without possessing a valid "Wild Turkey Hunting
Permit". Persons holding a spring permit may take female wild turkeys with
visible beards or male wild turkeys during the spring open season. Persons
holding a fall permit may take turkeys of either sex during the fall open
season. The Department shall cause notice of administrative rules setting
forth the prescribed rules and regulations, including those counties of the
State where open seasons are established, to be given in accordance with
Sections 1.3 and 1.13.
(Source: P.A. 99-869, eff. 1-1-17.)
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(520 ILCS 5/2.11) (from Ch. 61, par. 2.11) (Text of Section before amendment by P.A. 103-622)
Sec. 2.11. Before any person may lawfully hunt wild turkey, he shall first
obtain a "Wild Turkey Hunting Permit" in accordance with the prescribed
regulations set forth in an administrative rule of the Department. The
fee for a Resident Wild Turkey Hunting Permit shall not exceed $15.
Upon submitting suitable evidence of legal residence in any other state,
non-residents shall be charged a fee not to exceed $125 for wild
turkey hunting
permits.
The Department may by administrative rule allocate and issue non-resident
Wild Turkey Permits and establish fees for such permits.
It shall be unlawful to take wild turkey except by use of a bow and arrow
or a shotgun of not larger than 10 nor smaller than 20 gauge with shot
size not larger than No. 4, and no person while attempting to so take
wild turkey may have in his possession any other gun unless in accordance with the Firearm Concealed Carry Act.
It shall be unlawful to take, or attempt to take wild turkey except
during the time from 1/2 hour before sunrise to 1/2 hour after sunset or during
such lesser period of time as may be specified by administrative rule,
during those days for which an open season is established.
It shall be unlawful for any person to take, or attempt to take, wild
turkey by use of dogs, horses, automobiles, aircraft or other vehicles,
or conveyances, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure wild turkeys. "Baiting" means the placement or scattering of bait to attract wild turkeys. An area is considered as baited during the presence of and for 10 consecutive days following the removal of the bait.
It is unlawful for any person to take in Illinois or have in his possession
more than one wild turkey per valid permit.
For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking wild turkey, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating. Such manipulation for the purpose of taking wild turkey may be further modified by administrative rule. (Source: P.A. 102-237, eff. 1-1-22.)
(Text of Section after amendment by P.A. 103-622) Sec. 2.11. Before any person may lawfully hunt wild turkey, he shall first obtain a "Wild Turkey Hunting Permit" in accordance with the prescribed regulations set forth in an administrative rule of the Department. The fee for a Resident Wild Turkey Hunting Permit shall not exceed $15. Upon submitting suitable evidence of legal residence in any other state, non-residents shall be charged a fee not to exceed $125 for wild turkey hunting permits. The Department may by administrative rule allocate and issue non-resident Wild Turkey Permits and establish fees for such permits. It shall be unlawful to take wild turkey except by use of a bow and arrow or a shotgun of not larger than 10 gauge nor smaller than .410 bore. The Department may by administrative rule restrict shot size, material, or density. No person while attempting to so take wild turkey may have in his possession any other gun unless in accordance with the Firearm Concealed Carry Act. It shall be unlawful to take, or attempt to take wild turkey except during the time from 1/2 hour before sunrise to 1/2 hour after sunset or during such lesser period of time as may be specified by administrative rule, during those days for which an open season is established. It shall be unlawful for any person to take, or attempt to take, wild turkey by use of dogs, horses, automobiles, aircraft or other vehicles, or conveyances, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure wild turkeys. "Baiting" means the placement or scattering of bait to attract wild turkeys. An area is considered as baited during the presence of and for 10 consecutive days following the removal of the bait. It is unlawful for any person to take in Illinois or have in his possession more than one wild turkey per valid permit. For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking wild turkey, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating. Such manipulation for the purpose of taking wild turkey may be further modified by administrative rule. (Source: P.A. 102-237, eff. 1-1-22; 103-622, eff. 1-1-25.) |
(520 ILCS 5/2.13) (from Ch. 61, par. 2.13)
Sec. 2.13.
It shall be unlawful for any person to take Hungarian
partridge except with shotgun, or bow and
arrow, during the open season which will be set annually by the Director
between the dates of October 15th - January 31st,
both inclusive.
It shall be unlawful to take or possess more than the daily limit and possession
limit of Hungarian partridge that will be set annually by the Director of
the Department which cannot exceed a daily take limit of 6 and a possession
limit of 12. Dogs may be used in hunting with either gun or bow and arrow.
(Source: P.A. 81-382.)
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(520 ILCS 5/2.15) (from Ch. 61, par. 2.15)
Sec. 2.15.
It shall be unlawful for any person to possess at any time any net or
trap for the purpose of netting or trapping any of the game birds defined
by this Act.
(Source: P.A. 77-1781.)
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(520 ILCS 5/2.16) (from Ch. 61, par. 2.16)
Sec. 2.16.
It shall be unlawful to sell or barter, or offer to sell or barter, buy
or barter, or offer to buy or barter any of the game birds defined in
this Act, whether taken in this State or in some other state and
imported into Illinois, except as provided in Sections 3.23, 3.24, and
3.27 of this Act.
(Source: P.A. 81-382.)
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(520 ILCS 5/2.18) (from Ch. 61, par. 2.18)
Sec. 2.18.
It shall be unlawful to take, possess, transport or use migratory game
birds except during such periods of time, and only in such manner and
numbers, as may be permitted pursuant to the Federal "Migratory Bird
Treaty Act", and the "Migratory Bird Hunting Stamp Act", and further as
permitted by this Act and State regulations made pursuant to this Act.
The Director shall give due notice of any regulations, or any
administrative rule, issued pursuant to said "Migratory Bird Treaty
Act" and observe the provisions thereof in the enforcement of this Act.
(Source: P.A. 85-152.)
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(520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
Sec. 2.18-1.
(a) It shall be lawful for any person who holds the licenses,
permits and stamps required by this Act for the taking of migratory waterfowl
to use, in addition to or in lieu of any other authorized ammunition, either
lead or steel shotgun pellets in taking such waterfowl at any location in
the State where the hunting of migratory waterfowl is authorized,
except as provided under subsection (b) of this Section and at specific
sites where there are documented cases of lead poisoning
of waterfowl and all alternative methods of alleviating lead poisoning (such
as dewatering, flooding and/or tillage) have been determined to be unsuccessful
in preventing lead poisoning losses of waterfowl. At such specific sites,
shot shell ammunition containing non-toxic pellets, such as steel, shall
be used. These specific sites may be designated
by the Department after statewide public hearings have been conducted and
the results of such hearings have been reviewed.
(b) The Department shall be authorized to designate by rule,
pursuant to the Illinois Administrative Procedure Act, areas that shall be
limited to the use of non-toxic
pellets; provided, however, that such authorization shall only exist for
those areas which the federal government has mandated shall be closed to
all waterfowl hunting unless the State agrees to the prohibition of the use
of toxic shotgun pellets.
No State agency shall issue or make any rule, regulation, order or agreement
which is in conflict with this Section.
(Source: P.A. 91-357, eff. 7-29-99.)
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(520 ILCS 5/2.19) (from Ch. 61, par. 2.19)
Sec. 2.19.
It shall be unlawful to use a floating blind for the
taking of migratory waterfowl, as permitted by this Act, unless such
blind is anchored in a stationary position when in use. This does not
prohibit the use of a scull boat in taking migratory waterfowl except where
use of a scull boat is prohibited by Administrative Rule. A scull boat
is defined as a boat
propelled by means of an oar fixed in a notch in the transom of a boat
and worked in a turning or sculling motion.
A floating blind is defined as any watercraft or floating structure that
is camouflaged, disguised, or altered in appearance to offer a place of
concealment and is capable of carrying a person. Such floating blind may
be mechanically powered as long as such power is used only for movement
to and from the place of hunting and no attempt is made to hunt during such movement.
(Source: P.A. 85-152.)
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(520 ILCS 5/2.20) (from Ch. 61, par. 2.20)
Sec. 2.20.
It shall be unlawful to take waterfowl or any species of wildlife in
any area managed by the Department unless those species are
taken in compliance with the rules and regulations established by the
Department of which notice is given in accordance with Section 1.13.
(Source: P.A. 81-382.)
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(520 ILCS 5/2.23) (from Ch. 61, par. 2.23)
Sec. 2.23.
It is unlawful for any person to take any species of
waterfowl protected by this Act on the Horseshoe Lake Waterfowl Refuge, and
those areas adjacent within the tract of land hereinafter described, or on
the Marion-Pickerell Waterfowl Refuge, as hereinafter described, or any
species of wildlife except as authorized by administrative rule or nuisance
animal removal permit under Department supervision.
(1) Horseshoe Lake Waterfowl Management Area:
Beginning at the intersection of State Highway No. 3 and | ||
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(2) Marion-Pickerell Wildlife Refuge:
TRACT 1: The West fractional part of the Southwest | ||
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TRACT 2: The West fractional part of the Northwest | ||
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TRACT 3: The West fractional part of the South Half of | ||
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TRACT 4: The South Half of the Southeast Quarter, and the | ||
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TRACT 5: The Southwest Quarter of the Northeast Quarter | ||
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TRACT 6. The North Half of the Northeast Quarter of | ||
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TRACT 7. All that part of the West fractional part of the | ||
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It shall be unlawful to take any species of wildlife on any property
named as a wildlife refuge by the Department or on other Department
management areas except as provided by Section 2.25 and Administrative Rules.
(Source: P.A. 86-388; 87-1015.)
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(520 ILCS 5/2.24) (from Ch. 61, par. 2.24)
Sec. 2.24.
It shall be unlawful to take or possess deer in this State,
except in compliance with the provisions of Sections 2.25,
2.26, and 3.23 and subsections (a), (g), (n), (r), (t), (w), and (y) of Section 2.33, and the administrative rules issued under the provisions of
those Sections. It is unlawful for any person to knowingly take
any all-white whitetail deer (Odocoileus virginianus) in this
State at any time.
(Source: P.A. 99-528, eff. 7-8-16.)
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(520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
Sec. 2.25. It shall be unlawful for any person to take deer except (i) with
a shotgun, handgun, single shot centerfire rifle, or muzzleloading rifle or (ii) as provided by
administrative rule,
with a bow and arrow, during the open season of not more than 14 days which will
be set annually by the Director between the dates of
November 1st and December 31st, both inclusive, or a special 3-day, youth-only season between the dates of September 1 and October 31.
For the purposes of this Section, legal handguns and rifles are limited to centerfire
handguns that are either a single shot or revolver and centerfire rifles that are single shot. The only legal
ammunition
for a centerfire handgun or rifle is a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a
capability of at least
500 foot pounds of energy at the muzzle. The barrel of a handgun shall be at least 4 inches. Full metal jacket bullets may not be
used to
harvest deer.
The Department shall make administrative rules concerning management
restrictions applicable to the firearm and bow and arrow season.
It shall be unlawful for any person to take deer except with a bow and
arrow during the open season for bow and arrow set annually by the Director
between the dates of September 1st and January 31st, both inclusive.
It shall be unlawful for any person to take deer except with (i) a
muzzleloading rifle or (ii) bow and arrow during the open season for
muzzleloading rifles set annually by the Director.
The Director shall cause an administrative rule setting forth the
prescribed rules and regulations, including bag and possession limits and
those counties of the State where open seasons are established, to be
published in accordance with Sections 1.3 and 1.13 of this Act.
The Department may establish separate harvest periods for the purpose of
managing or eradicating disease that has been found in the deer herd. This
season shall be restricted to gun or bow and arrow hunting only. The Department
shall publicly announce, via statewide news release, the season dates and
shooting hours, the counties and sites open to hunting.
The Department is authorized to establish a separate harvest period at
specific sites within the State for the purpose of harvesting
surplus deer that cannot be taken during the regular season provided for
the taking of deer. This season shall be restricted to gun or bow and
arrow hunting only and shall be established during the period of September 1st
to February 15th, both inclusive. The Department shall publicly announce, via statewide news release, the season dates and shooting hours, and the counties and sites open to hunting. The Department shall publish suitable
prescribed rules and regulations established by administrative rule pertaining
to management restrictions applicable to this special harvest program. The Department shall allow unused gun deer permits that are left over from a regular season for the taking of deer to be rolled over and used during any separate harvest period held within 6 months of the season for which those tags were issued at no additional cost to the permit holder subject to the management restrictions applicable to the special harvest program.
Beginning July 1, 2019, and on an annual basis thereafter, the Department shall provide a report to the General Assembly providing information regarding deer management programs established by the Code or by administrative rule that includes: (1) the number of surplus deer taken during each separate harvest season; (2) the number of deer found to have a communicable disease or other abnormality; and (3) what happens to the deer taken during each separate harvest season.
(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22; 102-932, eff. 1-1-23.)
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(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. Any person attempting to take deer shall first obtain a "Deer
Hunting Permit" issued by the Department in accordance with its administrative rules.
Those rules must provide for the issuance of the following types of resident deer archery permits: (i) a combination permit, consisting of one either-sex permit and one antlerless-only permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit. The fee for a Deer Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25 for residents of the State. The Department may by
administrative rule provide for non-resident deer hunting permits for which the
fee will not exceed $300 in 2005, $350 in 2006, and $400 in 2007 and thereafter except as provided below for non-resident landowners
and non-resident archery hunters. The Department may by
administrative rule provide for a non-resident archery deer permit consisting
of not more than 2 harvest tags at a total cost not to exceed $325 in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The fees for a youth resident and non-resident archery deer permit shall be the same.
The Department shall create a pilot program during the special 3-day, youth-only deer hunting season to allow for youth deer hunting permits that are valid statewide, excluding those counties or portions of counties closed to firearm deer hunting. The Department shall adopt rules to implement the pilot program. Nothing in this paragraph shall be construed to prohibit the Department from issuing Special Hunt Area Permits for the youth-only deer hunting season or establishing, through administrative rule, additional requirements pertaining to the youth-only deer hunting season on Department-owned or Department-managed sites, including site-specific quotas or drawings. The provisions of this paragraph are inoperative on and after January 1, 2023. The standards and specifications for use of guns and bow and arrow for
deer hunting shall be established by administrative rule.
No person may have in his or her possession any firearm not authorized by
administrative rule for a specific hunting season when taking deer unless in accordance with the Firearm Concealed Carry Act.
Persons having a firearm deer hunting permit shall be permitted to
take deer only during the period from 1/2 hour before sunrise to
1/2 hour after sunset, and only during those days for which an open season is
established for the taking of deer by use of shotgun, handgun, rifle, or muzzle
loading
rifle.
Persons having an archery deer hunting permit shall be permitted to
take deer only during the period from 1/2 hour before sunrise to 1/2 hour
after sunset, and only during those days for which an open season is
established for the taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use of dogs,
horses, automobiles, aircraft or other vehicles, or by the use
or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure white-tailed deer. "Baiting" means the placement or scattering of bait to attract deer. An area is considered as baited during the presence
of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit the use of a dog to track wounded deer. Any person using a dog for tracking wounded deer must maintain physical control of the dog at all times by means of a maximum 50 foot lead attached to the dog's collar or harness. Tracking wounded deer is permissible at night, but at no time outside of legal deer hunting hours or seasons shall any person handling or accompanying a dog being used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the firearm deer seasons shall wear blaze orange or solid blaze pink color as required. Dog handlers tracking wounded deer with a dog are exempt from hunting license and deer permit requirements so long as they are accompanied by the licensed deer hunter who wounded the deer.
It shall be unlawful to possess or transport any wild deer which has
been injured or killed in any manner upon a public highway or public
right-of-way of this State unless exempted by administrative rule.
Persons hunting deer must have gun unloaded and no bow and arrow
device shall be carried with the arrow in the nocked position during
hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the legal limit of
deer by gun, to further participate with gun in any deer hunting party.
It shall be unlawful for any person, having taken the legal limit
of deer by bow and arrow, to further participate with bow and arrow in any
deer hunting party.
The Department may prohibit upland game hunting during the gun deer
season by administrative rule.
The Department shall not limit the number of non-resident, either-sex archery deer hunting permits to less than 20,000.
Any person who violates any of the provisions of this Section,
including administrative rules, shall be guilty of a Class B misdemeanor.
For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking white-tailed deer, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating or the use of products designed for scent only and not capable of ingestion, solid or liquid, placed or scattered, in such a manner as to attract or lure deer. Such manipulation for the purpose of taking white-tailed deer may be further modified by administrative rule. (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; 102-237, eff. 1-1-22; 102-932, eff. 1-1-23.)
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(520 ILCS 5/2.27) (from Ch. 61, par. 2.27)
Sec. 2.27.
It shall be unlawful for any person to take cottontail, jack,
and swamp rabbits except with a gun or bow and arrow during the open season
which will be set annually by the Director between the dates of October
1st to February 28th, both inclusive. Dogs may be used in hunting with either
gun or bow and arrow.
It shall be unlawful to take or possess more than the daily take limit
and possession limit of rabbits that will be set annually by the Director.
Limits cannot exceed a daily take limit of 5 rabbits or a possession limit
of 10 rabbits.
The provisions of this Section are subject to modification by administrative
rule.
(Source: P.A. 97-1001, eff. 8-17-12.)
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(520 ILCS 5/2.28) (from Ch. 61, par. 2.28)
Sec. 2.28.
It shall be unlawful for any person to take fox squirrels and
gray squirrels except with a gun or bow and arrow during the open season
which will be set annually by the Director between the dates of May 1st
to February 28. Dogs may be used in hunting with gun or
bow and arrow.
It is unlawful for any person to take white squirrels or red squirrels
(Tamiasciurus
hudsonicus) in this State at any time.
It shall be unlawful to take or possess more than the daily take limit
and possession limit of squirrels that will be set annually by the Director.
Limits cannot exceed a daily take limit of 5 squirrels or a possession limit
of 10 squirrels.
For the purpose of taking squirrels, the State may be divided into management
zones by administrative rule.
The provisions of this Section are subject to modification provided by
administrative rule.
(Source: P.A. 89-341, eff. 8-17-95.)
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(520 ILCS 5/2.29) (from Ch. 61, par. 2.29)
Sec. 2.29.
It shall be unlawful to sell or barter, or offer to sell or
barter, buy or barter, or offer to buy or barter, any of the game
mammals defined by this Act, whether taken in this State or in some
other state and imported into this State, except as provided under
Sections 2.36, 3.23 and 3.24 of this Act.
(Source: P.A. 81-382.)
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(520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
Sec. 2.30. Except as provided in this Section, it shall be unlawful for any person to trap or to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, red fox,
raccoon, weasel, mink, muskrat, badger, bobcat, and opossum except during
the open season which will be set annually by the Director between 12:01
a.m., November 1 to 12:00 midnight, February 15, both inclusive.
It shall be unlawful for any person to hunt or trap bobcat in this State on and after the effective date of this amendatory Act of the 100th General Assembly in the counties of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage, Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox, Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry, McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson, Vermilion, Will, Winnebago, and Woodford and north of U.S. Route 36 in Edgar and Douglas and north of U.S. Route 36 to the junction with Illinois Route 121 and north or east of Illinois Route 121 in Macon. For the season beginning in 2017, a total number of 350 bobcats may be hunted or trapped lawfully, or the conclusion of the season occurs, whichever is earlier. For the season beginning in 2018, a total number of 375 bobcats may be hunted or trapped lawfully, or the conclusion of the season occurs, whichever is earlier. The changes added to this Section by this amendatory Act of the 100th General Assembly, except for this sentence, are inoperative on and after June 30, 2019. It is unlawful to pursue any fur-bearing mammal with a dog or dogs
between the hours of sunset and sunrise during the 10 day period
preceding the opening date of the raccoon hunting season and the 10 day
period following the closing date of the raccoon hunting season except
that the Department may issue field trial permits in accordance with Section
2.34 of this Act. A non-resident from a state with more restrictive
fur-bearer pursuit regulations for any particular species than provided for
that species in this Act may not pursue that species in Illinois except
during the period of time that Illinois residents are allowed to pursue
that species in the non-resident's state of residence. Hound running areas approved by the Department shall be exempt from the
provisions of this Section.
It shall be unlawful to take beaver, river otter, weasel, mink, or muskrat except during
the open season set annually by the Director, and then, only with traps, except that a firearm, pistol, or air rifle of a caliber not larger than a .22 long rifle may be used to remove the animal from the trap.
It shall be unlawful for any person to trap beaver or river otter with traps except during
the open season which will be set annually by the Director between 12:01
a.m., November 1st and 12:00 midnight, March 31, both inclusive.
Coyote may be taken by trapping methods only during the period from
September 1 to March 1, both inclusive, and by hunting methods at any time.
Striped skunk may be taken by trapping methods only during the period
from September 1 to March 1, both inclusive, and by hunting methods at
any time.
Muskrat may be taken by trapping methods during an open season set annually by the Director. For the purpose of taking fur-bearing mammals, the State may be
divided into management zones by administrative rule.
It shall be unlawful to take or possess more than the season limit or possession limit of fur-bearing mammals that shall be set annually by the Director. The season limit for bobcat shall not exceed one bobcat per permit. Possession limits shall not apply to fur buyers, tanners, manufacturers, and taxidermists, as defined by this Act, who possess fur-bearing mammals in accordance with laws governing such activities. Nothing in this Section shall prohibit the taking or possessing of fur-bearing mammals found dead or unintentionally killed by a vehicle along a roadway during the open season provided the person who possesses such fur-bearing mammals has all appropriate licenses, stamps, or permits; the season for which the species possessed is open; and that such possession and disposal of such fur-bearing mammals is otherwise subject to the provisions of this Section. The provisions of this Section are subject to modification by administrative rule. (Source: P.A. 102-837, eff. 5-13-22.)
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(520 ILCS 5/2.30b) Sec. 2.30b. River otter and bobcat pelts. The pelts of river otters and bobcats shall be tagged in accordance with federal regulation 50 CFR 23.69(e). The Department may require harvest registration and set forth procedures, fees for registration, and the process of tagging pelts in administrative rules. Fees for registration and tagging shall not exceed $5 per pelt.
(Source: P.A. 99-33, eff. 1-1-16.) |
(520 ILCS 5/2.30c) Sec. 2.30c. Bobcat hunting and trapping permit; fee. Before any person may lawfully hunt or trap a bobcat, he or she shall first obtain a "Bobcat Hunting and Trapping Permit" in accordance with regulations set forth in an administrative rule of the Department. The fee for a Bobcat Hunting and Trapping Permit, if any, shall not exceed $5. The Department may limit the number of Bobcat Hunting and Trapping Permits that are made available each season and take other actions to regulate harvest in accordance with Sections 1.3 and 2.30 of this Act. The harvest of bobcats in this State shall be non-detrimental, as defined by federal regulations (50 CFR 23.61), and as determined by the United States Fish and Wildlife Service in accordance with 50 CFR 23.69.
(Source: P.A. 99-33, eff. 1-1-16.) |
(520 ILCS 5/2.31) (from Ch. 61, par. 2.31)
Sec. 2.31.
Except as provided in Section 2.30, it shall be unlawful for any person to take or attempt to take wild
birds or wild mammals along, upon, across, or from any public right-of-way
or highway in this State.
(Source: P.A. 97-628, eff. 11-10-11.)
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(520 ILCS 5/2.32) (from Ch. 61, par. 2.32)
Sec. 2.32.
It shall be unlawful for any person at any time to molest, destroy or
attempt to destroy any feed bed, nest, den, house or other cavity of any of the
wild mammals protected by this Act except as provided in Section 2.37.
For the purpose of this Act, a feed
bed is defined as a mound, pile or mat of branches, cattails or other vegetation
gathered and piled by muskrats or beaver.
(Source: P.A. 85-152.)
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(520 ILCS 5/2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any
State refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or snare-like device,
deadfall, net, or pit trap to take any species, except that snares not
powered by springs or other mechanical devices may be used to trap
fur-bearing mammals, in water sets only, if at least one-half of the snare
noose is located underwater at all times.
(c) It is unlawful for any person at any time to take a wild mammal
protected by this Act from its den by means of any mechanical device,
spade, or digging device or to use smoke or other gases to dislodge or
remove such mammal except as provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small mammal which is
used in the same or similar manner for which ferrets are used for the
purpose of frightening or driving any mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks, or any like device to
take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals, or explosives for the
purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat, grass,
brush, or other inflammable substance when it is burning.
(i) It is unlawful to take, pursue or intentionally harass or disturb
in any manner any wild birds or mammals by use or aid of any vehicle,
conveyance, or unmanned aircraft as defined by the Illinois Aeronautics Act, except as permitted by the Code of Federal Regulations for the
taking of waterfowl; except that nothing in this subsection shall prohibit the use of unmanned aircraft in the inspection of a public utility facility, tower, or structure or a mobile service facility, tower, or structure by a public utility, as defined in Section 3-105 of the Public Utilities Act, or a provider of mobile services as defined in Section 153 of Title 47 of the United States Code. It is also unlawful to use the lights of any vehicle
or conveyance, any light connected to any
vehicle or conveyance, or any other lighting device or mechanism from inside or on a vehicle or conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in this
Section shall prohibit the normal use of headlamps for the purpose of driving
upon a roadway. For purposes of this Section, any other lighting device or mechanism shall include, but not be limited to, any device that uses infrared or other light not visible to the naked eye, electronic image intensification, active illumination, thermal imaging, or night vision. Striped skunk, opossum, red fox, gray
fox, raccoon, bobcat, and coyote may be taken during the open season by use of a small
light which is worn on the body or hand-held by a person on foot and not in any
vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge while
taking or attempting to take any of the species protected by this Act.
(k) It is unlawful to use or possess in the field any shotgun shell loaded
with a shot size larger than lead BB or steel T (.20 diameter) when taking or
attempting to take any species of wild game mammals (excluding white-tailed
deer), wild game birds, migratory waterfowl or migratory game birds protected
by this Act, except white-tailed deer as provided for in Section 2.26 and other
species as provided for by subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun loaded with slugs unless otherwise
provided for by administrative rule.
(m) It is unlawful to use any shotgun capable of holding more than 3
shells in the magazine or chamber combined, except on game breeding and
hunting preserve areas licensed under Section 3.27 and except as permitted by
the Code of Federal Regulations for the taking of waterfowl. If the shotgun
is capable of holding more than 3 shells, it shall, while being used on an
area other than a game breeding and shooting preserve area licensed
pursuant to Section 3.27, be fitted with a one-piece plug that is
irremovable without dismantling the shotgun or otherwise altered to
render it incapable of holding more than 3 shells in the magazine and
chamber, combined.
(n) It is unlawful for any person, except persons who possess a permit to
hunt from a vehicle as provided in this Section and persons otherwise permitted
by law, to have or carry any gun in or on any vehicle, conveyance, or aircraft,
unless such gun is unloaded and enclosed in a case, except that at field trials
authorized by Section 2.34 of this Act, unloaded guns or guns loaded with blank
cartridges only may be carried on horseback while not contained in a case, or
to have or carry any bow or arrow device in or on any vehicle unless such bow
or arrow device is unstrung or enclosed in a case, or otherwise made
inoperable unless in accordance with the Firearm Concealed Carry Act.
(o) (Blank).
(p) It is unlawful to take game birds, migratory game birds or
migratory waterfowl with a rifle, pistol, revolver, or air rifle.
(q) It is unlawful to fire a rifle, pistol, revolver, or air rifle on,
over, or into any waters of this State, including frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow device
along, upon, across, or from any public right-of-way or highway in this State.
(s) It is unlawful to use a silencer or other device to muffle or
mute the sound of the explosion or report resulting from the firing of
any gun.
(t) It is unlawful for any person to take or attempt to take any species of wildlife or parts thereof, or allow a dog to
hunt, within or upon the land of another, or upon waters flowing over or
standing on the land of another, or to knowingly shoot a gun or bow and arrow device at any wildlife physically on or flying over the property of another without first obtaining permission from
the owner or the owner's designee. For the purposes of this Section, the owner's designee means anyone who the owner designates in a written authorization and the authorization must contain (i) the legal or common description of property for which such authority is given, (ii) the extent that the owner's designee is authorized to make decisions regarding who is allowed to take or attempt to take any species of wildlife or parts thereof, and (iii) the owner's notarized signature. Before enforcing this
Section, the law enforcement officer must have received notice from the
owner or the owner's designee of a violation of this Section. Statements made to the
law enforcement officer regarding this notice shall not be rendered
inadmissible by the hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm for the purpose
of taking any of the species protected by this Act, or hunt with gun or
dog, or allow a dog to hunt, within 300 yards of an inhabited dwelling without
first obtaining permission from the owner or tenant, except that while
trapping, hunting with bow and arrow, hunting with dog and shotgun using shot
shells only, or hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or
on licensed game breeding and hunting preserve areas, as defined in Section
3.27, on
federally owned and managed lands and on Department owned, managed, leased, or
controlled lands, a 100 yard restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing mammals from, or
to move or disturb in any manner, the traps owned by another person without
written authorization of the owner to do so.
(w) It is unlawful for any owner of a dog to allow
his or her dog to pursue, harass, or kill deer, except that nothing in this Section shall prohibit the tracking of wounded deer with a dog in accordance with the provisions of Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or carelessly injure
or destroy, in any manner whatsoever, any real or personal property on
the land of another while engaged in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act between one-half hour after sunset and one-half hour before sunrise, except that
hunting hours between one-half hour after sunset and one-half hour
before sunrise may be established by administrative rule for fur-bearing
mammals.
(z) It is unlawful to take any game bird (excluding wild turkeys and
crippled pheasants not capable of normal flight and otherwise irretrievable)
protected by this Act when not flying. Nothing in this Section shall prohibit
a person from carrying an uncased, unloaded shotgun in a boat, while in pursuit
of a crippled migratory waterfowl that is incapable of normal flight, for the
purpose of attempting to reduce the migratory waterfowl to possession, provided
that the attempt is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory waterfowl was
downed. This exception shall apply only to migratory game birds that are not
capable of normal flight. Migratory waterfowl that are crippled may be taken
only with a shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may be used for
tree climbing or cutting while hunting fur-bearing mammals, excluding coyotes. However, coyotes may not be hunted utilizing these devices during open season for deer except by properly licensed deer hunters.
(bb) It is unlawful for any person, except licensed game breeders,
pursuant to Section 2.29 to import, carry into, or possess alive in this
State any species of wildlife taken outside of this State, without
obtaining permission to do so from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act during the season
closed for taking.
(dd) It is unlawful to take any species protected by this Act and retain
it alive except as provided by administrative rule.
(ee) It is unlawful to possess any rifle while in the field during gun
deer season except as provided in Sections 2.25 and 2.26 and administrative rules.
(ff) It is unlawful for any person to take any species protected by
this Act, except migratory waterfowl, during the gun deer hunting season in
those counties open to gun deer hunting, unless he or she wears, when in
the field, a cap and upper outer garment of a solid blaze orange color or solid blaze pink color, with
such articles of clothing displaying a minimum of 400 square inches of
blaze orange or solid blaze pink color material.
(gg) It is unlawful during the upland game season for any person to take
upland game with a firearm unless he or she wears, while in the field, a
cap of solid blaze orange color or solid blaze pink color. For purposes of this Act, upland game is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail, and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species protected by
this Act for which there is a bag limit without making a reasonable
effort to retrieve such species and include such in the bag limit. It shall be unlawful for any person having control over harvested game mammals, game birds, or migratory game birds for which there is a bag limit to wantonly waste or destroy the usable meat of the game, except this shall not apply to wildlife taken under Sections 2.37 or 3.22 of this Code. For purposes of this subsection, "usable meat" means the breast meat of a game bird or migratory game bird and the hind ham and front shoulders of a game mammal. It shall be unlawful for any person to place, leave, dump, or abandon a wildlife carcass or parts of it along or upon a public right-of-way or highway or on public or private property, including a waterway or stream, without the permission of the owner or tenant. It shall not be unlawful to discard game meat that is determined to be unfit for human consumption.
(ii) This Section shall apply only to those species protected by this
Act taken within the State. Any species or any parts thereof, legally taken
in and transported from other states or countries, may be possessed
within the State, except as provided in this Section and Sections 2.35, 2.36,
and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the Director
from issuing permits to paraplegics or to other persons with disabilities who meet the
requirements set forth in administrative rule to shoot or hunt from a vehicle
as provided by that rule, provided that such is otherwise in accord with this
Act.
(ll) Nothing contained in this Act shall prohibit the taking of aquatic
life protected by the Fish and Aquatic Life Code or birds and mammals
protected by this Act, except deer and fur-bearing mammals, from a boat not
camouflaged or disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power. However, only
shotguns not larger than 10 gauge nor smaller than .410 bore loaded with not
more than 3 shells of a shot size no larger than lead BB or steel T (.20
diameter) may be used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use of a shotgun,
not larger than 10 gauge nor smaller than a 20 gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of wildlife or wildlife parts taken unlawfully in Illinois, any other state, or any other country, whether or not the wildlife or wildlife parts are indigenous to Illinois. For the purposes of this subsection, the statute of limitations for unlawful possession of wildlife or wildlife parts shall not cease until 2 years after the possession has permanently ended. (oo) It is unlawful while deer hunting: (1) to possess or be in close proximity to a rifle | ||
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(2) to be in possession of or in close proximity to a | ||
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(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22; 102-932, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(520 ILCS 5/2.33-1) (from Ch. 61, par. 2.33-1)
Sec. 2.33-1.
Notwithstanding any other provision of this
Act, no person shall place, carry, possess or transport a
shotgun on a boat of any type in an area under the jurisdiction
of the Department of Natural Resources during the period
February 1 to May 31, both inclusive, except persons having a valid
unfilled turkey permit or licensed or eligible hunters legally hunting
wildlife in season.
No State agency shall issue or make any rule, regulation, order
or agreement which is in conflict with this Section.
(Source: P.A. 89-445, eff. 2-7-96.)
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(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
Sec. 2.33a. Trapping. (a) It is unlawful to fail to visit and remove all animals
from traps staked out, set, used, tended, placed or maintained at least
once each calendar day.
(b) It is unlawful for any person to place, set, use, or maintain a
leghold trap or one of similar construction on land, that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or a body-gripping trap or one of
similar construction having a jaw spread larger than 7 inches (17.8 CM) on
a side if square and 8 inches (20.4 CM) if round.
(c) It is unlawful for any person to place, set, use, or maintain a
leghold trap or one of similar construction in water, that has a jaw spread
of larger than 7 1/2 inches (19.1 CM), or a body-gripping trap or one of
similar construction having a jaw spread larger than 10 inches (25.4 CM) on
a side if square and 12 inches (30.5 CM) if round.
(d) It is unlawful to use any trap with saw-toothed, spiked, or toothed jaws.
(e) It is unlawful to destroy, disturb or in any manner interfere with
dams, lodges, burrows or feed beds of beaver while trapping for beaver or
to set a trap inside a muskrat house or beaver lodge, except that this shall
not apply to individuals who are acting pursuant to the provisions
of Section 2.37 or as provided for by administrative rule.
(f) It is unlawful to trap beaver or river otter with: (1) a leghold trap or one of similar
construction having a jaw spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 inches (19.1 CM), or (2) a body-gripping trap or one of
similar construction having a jaw spread of less than 7 inches (17.7 CM) or
more than 10 inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if
round, except that these restrictions shall not apply during
the open season for trapping raccoons.
(g) It is unlawful to set traps closer than 10 feet (3.05 M) from any
hole or den which may be occupied by a game mammal or fur-bearing mammal
except that this restriction shall not apply to water sets.
(h) It is unlawful to trap or attempt to trap any fur-bearing mammal
with any colony, cage, box, or stove-pipe trap designed to take more than one
mammal at a single setting.
(i) It is unlawful for any person to set or place any trap designed to
take any fur-bearing mammal protected by this Act during the closed
trapping season. Proof that any trap was placed during the closed trapping
season shall be deemed prima facie evidence of a violation of this provision.
(j) It is unlawful to place, set, or maintain any leghold trap or one of
similar construction within thirty (30) feet (9.14 m) of bait placed in
such a manner or position that it is not completely covered and concealed
from sight, except that this shall not apply to underwater sets. Bait shall
mean and include any bait composed of mammal, bird, or fish flesh, fur,
hide, entrails or feathers.
(k) (Blank).
(l) It is unlawful for any person to place, set, use or maintain a
snare trap or one of similar construction in water, that has a loop
diameter exceeding 15 inches (38.1 CM) or a cable or wire diameter of more
than 1/8 inch (3.2 MM) or less than 5/64 inch (2.0 MM), that is constructed
of stainless steel metal cable or wire, and that does not have a mechanical
lock, anchor swivel and stop device to prevent the mechanical lock from
closing the noose loop to a diameter of less than 2 1/2 inches (6.4 CM).
(m) It is unlawful to trap muskrat or mink with (1) a leghold trap or one of similar construction or (2) a body-gripping trap or one of similar construction unless the body-gripping trap or similar trap is completely submerged underwater when set. These restrictions shall not apply during the open season for trapping raccoons. (Source: P.A. 103-37, eff. 6-9-23.)
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(520 ILCS 5/2.33b) Sec. 2.33b. Computer-assisted remote hunting; prohibition.
A person shall not operate, provide, sell, use, or offer to
operate, provide, sell, or use any computer software or service
that allows a person not physically present at the hunt site to
remotely control a weapon that could be used to take wildlife by remote operation, including, but not limited to,
weapons or devices set up to fire through the use of the
Internet or through a remote control device.
(Source: P.A. 95-283, eff. 8-20-07.) |
(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
Sec. 2.34. Dog trials.
(a) Dogs of any breed may be trained the year round in accordance with the
provisions of this Act.
(b) During the periods of time when it is unlawful to take species protected
by this Act, the only firearms which shall be used in the training of
dogs from sunrise to sunset shall be pistols with blank cartridges. No
other gun or ammunition may be in immediate possession during this time.
No person or persons in, along with, or accompanying the dog training
party, shall be in possession of any firearm or live ammunition, except
pistols capable of firing only blank cartridges during the hours from
sunset to sunrise. All organized field trials or training grounds approved by
the Department shall be exempt from this provision unless in accordance with the Firearm Concealed Carry Act.
(c) No field trial shall be held without a permit from the
Department.
The following Department areas shall be designated as horseback field
trial sites; Lee County Conservation Area, Des Plaines Conservation Area,
Moraine View State Park, Middle Fork Fish and Wildlife Area, Hamilton
County Conservation Area, and Wayne Fitzgerrell State Park. The Department
shall provide and maintain quality wildlife habitat on these sites.
Field trials shall be scheduled only from September 1 through April 30
in the Northern Zone and September 1 through April 15 in the Southern Zone.
The Department maintains the authority to schedule and administer field
trials. The boundary between the Northern Zone and the Southern
Zone shall be U.S. Route 36. However, (i) if the opening date of the field
trial season falls on Sunday, the season will begin on Saturday of that
weekend; and (ii) if the closing date of the field trial season falls on
Saturday, the season will conclude on Sunday of that weekend; and (iii) if
during the final days of the field trial season a field trial organization
begins a field trial which is subsequently interrupted due to inclement
weather, the field trial organization may complete the trial, subject to the
Department's approval, even though the field trial season has ended. The field
trial organization must complete the trial on the first possible day or days.
Field trials for the retrieving breeds are exempt from these field trials
season provisions and shall have no closed season.
The fee for field trials shall be established by the Department by rule.
(d) The Department is authorized to designate dog training
areas and to grant permits for all field trials including those field
trials where game birds reared under Section 3.23 are released and taken
in accordance with the rules and regulations set forth by the
Department. Applications for permits for such trials and training areas
shall be accompanied by detailed information as to the date and the location of
the grounds where such trial area or training grounds is located. Applicants
for field trial or dog training permits must have the consent of the
landowner prior to applying for such permit. Fees and other regulations
will be set by administrative rule.
(e) All permits for designated dog training areas shall expire March 31st of
each year.
(f) Permit holders for designated dog training areas must possess a wild
game breeder's permit or a game breeding and hunting preserve area permit and
may utilize live bird recall devices on such areas.
(g) Nothing shall prevent an individual from using a dog in the taking of
squirrel during the open season.
(h) All hand reared game released and shot at field trials shall
be properly identified with tags as provided for by this Act and such
birds shall be banded before they are removed from the field trial area.
(Source: P.A. 102-237, eff. 1-1-22.)
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(520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
Sec. 2.35. Wild game birds or fur-bearing mammals. (a) Migratory game birds, or any part or parts thereof, may be
possessed only in accordance with the regulations of the federal government.
(b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28, and
3.30, it is unlawful to possess wild game birds or wild game mammals or any
parts thereof in excess of the legally established daily limit or possession
limit, whichever applies.
(c) Except as provided
in this Code, it is unlawful to
have in possession the green hides of fur-bearing mammals without a valid hunting or trapping license.
(d) Failure to establish proof of
the legality of the possession in another state or country and of
importation into this State, shall be prima facie evidence that
migratory game birds and game birds or any parts thereof,
and fur-bearing mammals or any parts thereof, were taken within this State.
(e) For all those species to which a daily or possession limit
shall apply, each hunter shall maintain his bag of such species separately
and distinctly from those of all other hunters.
(f) No person shall
receive or have in custody any protected species
belonging to another person, except in the personal abodes of the donor or recipient, unless such protected species are tagged in accordance with Section 2.30b of this Code or tagged with the hunter's or trapper's name,
address, total number of species, and the date such species were taken.
(Source: P.A. 100-123, eff. 1-1-18; 100-863, eff. 8-14-18.)
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(520 ILCS 5/2.36) (from Ch. 61, par. 2.36) (Text of Section before amendment by P.A. 103-990) Sec. 2.36. It shall be unlawful to buy, sell, or barter, or offer to buy, sell, or barter, and for a commercial institution, other than a regularly operated refrigerated storage establishment, to have in its possession any of the wild birds, or any part thereof (and their eggs), or wild mammals or any parts thereof, protected by this Act unless done as hereinafter provided: Game birds or any parts thereof (and their eggs), may be held, possessed, raised and sold, or otherwise dealt with, as provided in Section 3.23 of this Act or when legally produced under similar special permit in another state or country and legally transported into the State of Illinois; provided that such imported game birds or any parts thereof, shall be marked with permanent irremovable tags, or similar devices, to establish and retain their origin and identity; Rabbits may be legally taken and possessed as provided in Sections 3.23, 3.24, and 3.26 of this Act; Deer, or any parts thereof, may be held, possessed, sold or otherwise dealt with as provided in this Section and Sections 3.23 and 3.24 of this Act; If a properly tagged deer is processed at a licensed meat processing facility, the meat processor at the facility is an active member of the Illinois Sportsmen Against Hunger program, and the owner of the deer (i) fails to claim the processed deer within a reasonable time or (ii) notifies the licensed meat processing facility that the owner no longer wants the processed deer, then the deer meat may be given away by the licensed meat processor to another person or donated to any other charitable organization or community food bank that receives wild game meat. The licensed meat processing facility may charge the person receiving the deer meat a reasonable and customary processing fee; Meat processors who are active members of the Illinois Sportsmen Against Hunger program shall keep written records of all deer received. Records shall include the following information: (1) the date the deer was received; (2) the name, address, and telephone number of the | ||
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(3) whether the deer was received as a whole carcass | ||
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(4) the number and state of issuance of the permit of | ||
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(5) if the person who originally delivered the deer | ||
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Meat processor records for unclaimed deer meat shall be open for inspection by any peace officer at any reasonable hour. Meat processors shall maintain records for a period of 2 years after the date of receipt of the wild game or for as long as the specimen or meat remains in the meat processors possession, whichever is longer; No meat processor shall have in his or her possession any deer that is not listed in his or her written records and properly tagged or labeled; All licensed meat processors who ship any deer or parts of deer that have been held, possessed, or otherwise dealt with shall tag or label the shipment, and the tag or label shall state the name of the meat processor; Nothing in this Section removes meat processors from responsibility for the observance of any State or federal laws, rules, or regulations that may apply to the meat processing business; Fur-bearing mammals, or any parts thereof, may be held, possessed, sold or otherwise dealt with as provided in Sections 3.16, 3.24, and 3.26 of this Act or when legally taken and possessed in Illinois or legally taken and possessed in and transported from other states or countries; It is unlawful for any person to act as a nuisance wildlife control operator for fee or compensation without a permit as provided in subsection (b) of Section 2.37 of this Act unless such trapping is in compliance with Section 2.30. The inedible parts of game mammals may be held, possessed, sold, or otherwise dealt with when legally taken, in Illinois or legally taken and possessed in and transported from other states or countries. Failure to establish proof of the legality of possession in another state or country and importation into the State of Illinois, shall be prima facie evidence that such game birds or any parts thereof, and their eggs, game mammals and fur-bearing mammals, or any parts thereof, were taken within the State of Illinois.(Source: P.A. 103-37, eff. 6-9-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-990) Sec. 2.36. It shall be unlawful to buy, sell, or barter, or offer to buy, sell, or barter, and for a commercial institution, other than a regularly operated refrigerated storage establishment, to have in its possession any of the wild birds, or any part thereof (and their eggs), or wild mammals or any parts thereof, protected by this Act unless done as hereinafter provided: Game birds or any parts thereof (and their eggs), may be held, possessed, raised and sold, or otherwise dealt with, as provided in Section 3.23 of this Act or when legally produced under similar special permit in another state or country and legally transported into the State of Illinois; provided that such imported game birds or any parts thereof, shall be marked with permanent irremovable tags, or similar devices, to establish and retain their origin and identity; Rabbits may be legally taken and possessed as provided in Sections 3.23, 3.24, and 3.26 of this Act; Deer, or any parts thereof, may be held, possessed, sold or otherwise dealt with as provided in this Section and Sections 3.23 and 3.24 of this Act; If a properly tagged deer is processed at a licensed meat processing facility and if the owner of the deer (i) fails to claim the processed deer within a reasonable time or (ii) notifies the licensed meat processing facility that the owner no longer wants the processed deer or wishes to donate the deer, then the deer meat may be given away by the licensed meat processor to another person or donated to a charitable organization or community food bank that receives wild game meat. The licensed meat processing facility may charge the person receiving the deer meat a reasonable and customary processing fee; Meat processors who donate deer meat to a charitable organization or community food bank that receives wild game meat shall keep written records of all deer received. Records shall include the following information: (1) the date the deer was received; (2) the name, address, and telephone number of the | ||
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(3) whether the deer was received as a whole carcass | ||
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(4) the number and state of issuance of the permit of | ||
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(5) if the person who originally delivered the deer | ||
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Meat processor records for unclaimed and donated deer meat shall be open for inspection by any peace officer at any reasonable hour. Meat processors shall maintain records for a period of 2 years after the date of receipt of the wild game or for as long as the specimen or meat remains in the meat processors possession, whichever is longer; No meat processor shall have in his or her possession any deer that is not listed in his or her written records and properly tagged or labeled; All licensed meat processors who ship any deer or parts of deer that have been held, possessed, or otherwise dealt with shall tag or label the shipment, and the tag or label shall state the name of the meat processor; Nothing in this Section removes meat processors from responsibility for the observance of any State or federal laws, rules, or regulations that may apply to the meat processing business; Fur-bearing mammals, or any parts thereof, may be held, possessed, sold or otherwise dealt with as provided in Sections 3.16, 3.24, and 3.26 of this Act or when legally taken and possessed in Illinois or legally taken and possessed in and transported from other states or countries; It is unlawful for any person to act as a nuisance wildlife control operator for fee or compensation without a permit as provided in subsection (b) of Section 2.37 of this Act unless such trapping is in compliance with Section 2.30. The inedible parts of game mammals may be held, possessed, sold, or otherwise dealt with when legally taken, in Illinois or legally taken and possessed in and transported from other states or countries. Failure to establish proof of the legality of possession in another state or country and importation into the State of Illinois, shall be prima facie evidence that such game birds or any parts thereof, and their eggs, game mammals and fur-bearing mammals, or any parts thereof, were taken within the State of Illinois.(Source: P.A. 103-37, eff. 6-9-23; 103-605, eff. 7-1-24; 103-990, eff. 1-1-25.) |
(520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
Sec. 2.36a. Value of protected species; violations.
(a) A person commits a Class 3 felony if the person, for profit or commercial purposes, knowingly
captures or kills, possesses, offers for sale, sells, offers to barter,
barters, offers to purchase, purchases, delivers for shipment, ships, exports,
imports, causes to be shipped, exported, or imported, delivers for
transportation, transports or causes to be transported,
carries or causes to be carried, or receives for shipment, transportation,
carriage, or export any animal or part of animal of the species protected
by this Act, contrary to the provisions of this Act, and such animals, in
whole or in part, are (1) valued at or in excess of a total of $500, as per
specie value
specified in paragraph (3), (4), (5), (6), (7), or (8) of subsection (c) of this Section, or (2) valued at or in excess of a total of $3,000 as per specie value specified in paragraph (1), (2), or (9) of subsection (c) or subsection (d).
(a-5) A person shall be guilty of a Class 4 felony if convicted under this
Section for more than one violation of subsection (a) where the offenses occurred on different days and within a 90-day period and: (1) where the animals as per specie value specified | ||
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(2) where the animals as per specie value specified | ||
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The
prosecution for a Class 4 felony for these multiple violations must be alleged
in a single charge or indictment and brought in a single prosecution.
(b) Possession of animals, in whole or in part, captured or killed in
violation of this Act, valued at or in excess of $500, as per specie value
specified
in paragraph (3), (4), (5), (6), (7), or (8) of subsection (c) of this Section, shall be considered prima facie evidence
of possession for profit or commercial purposes. Possession of animals, in whole or in part, captured or killed in violation of this Act, valued at or in excess of $3,000 as per specie value specified in subsection (c) or $700 as specified in subsection (d) of this Section, shall be considered prima facie evidence of possession for profit or commercial purposes.
(c) For purposes of this Section,
the fair market value or replacement cost, whichever is greater, shall be
used to determine the value of the species protected by this Act, but in no
case shall the minimum value of all species protected by
this Act be less than as follows:
(1) Eagle, $1,000;
(2) Whitetail deer, $1,000, subject to any additional | ||
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(3) Fur-bearing mammals, $50;
(4) Game birds (except the wild turkey) and migratory | ||
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(5) Owls, hawks, falcons, kites, harriers, and | ||
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(6) Game mammals (except whitetail deer), $50;
(7) Other mammals, $100;
(8) Resident and migratory non-game birds (except | ||
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(9) Trumpeter swans, $1,000.
(d) In this subsection (d), "point" means a projection on the antler of a whitetail antlered deer that is at least one-inch long as measured from the tip to the nearest edge of antler beam and the length of which exceeds the length of its base. A person who possesses whitetail antlered deer, in whole or in part, captured or killed in violation of this Act, shall pay restitution to the Department in the amount of $1,000 per whitetail antlered deer and an additional $500 per antler point for each whitetail antlered deer with at least 8 but not more than 10 antler points. For whitetail antlered deer with 11 or more antler points, restitution of $1,000 shall be paid to the Department per whitetail antlered deer plus $750 per antler point. The restitution amount listed in this subsection (d) shall be the fair market value of an antlered whitetail deer for purposes of this Section. (Source: P.A. 101-81, eff. 7-12-19; 102-837, eff. 5-13-22.)
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(520 ILCS 5/2.37) (from Ch. 61, par. 2.37) (Text of Section before amendment by P.A. 103-611) Sec. 2.37. Authority to kill wildlife responsible for damage. (a) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may authorize owners and tenants of lands or their agents, who are performing the service without fee or compensation, to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land. Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation. If, after investigation, the Department finds that damage does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage. A permit to control the damage shall be for a period of up to 90 days, shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, without fee or compensation, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona fide public or State scientific, educational, or zoological institution. The permittee shall advise the Department in writing, within 10 days after the expiration date of the permit, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary. (b) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to: (1) any person who is providing such service for a | ||
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(2) a governmental body; or (3) a nonprofit or other charitable organization. The Department shall set forth applicable regulations in an Administrative Order and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information. Any person operating under a Nuisance Wildlife Control Permit who subcontracts the operation of nuisance wildlife control to another shall ensure that such subcontractor possesses a valid Nuisance Wildlife Control Permit issued by the Department. The person must maintain a record of the subcontractor including the subcontractor's name, address, and phone number, and type of work to be performed, for a period of not less than 2 years from the date the subcontractor is no longer performing services on behalf of the person. The records shall be presented to an authorized employee of the Department or law enforcement officer upon request for inspection. Any person operating without the required permit as outlined under this subsection (b) or in violation of this subsection (b) is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of this Code, including the taking or attempting to take such species for commercial purposes as outlined in Sections 2.36 and 2.36a of this Code. Any devices and equipment, including vehicles, used in violation of this subsection (b) may be subject to the provisions of Section 1.25 of this Code. (c) The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act. (d) A drainage district or road district or the designee of a drainage district or road district shall be exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with this Code, including marking or identification. The designee of a drainage district or road district must have a signed and dated written authorization from the drainage district or road district in possession at all times when conducting activities under this Section. This exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district or road district. For the purposes of this Section, "road district" includes a township road district. (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; 103-225, eff. 6-30-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-611) Sec. 2.37. Authority to kill wildlife responsible for damage. (a) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may authorize owners and tenants of lands or their agents, who are performing the service without fee or compensation, to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land. Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation. If, after investigation, the Department finds that damage does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage. A permit to control the damage shall be for a period of up to 90 days, shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, without fee or compensation, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona fide public or State scientific, educational, or zoological institution. The permittee shall advise the Department in writing, within 10 days after the expiration date of the permit, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary. (b) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to: (1) any person who is providing such service or | ||
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(2) a governmental body; or (3) a nonprofit or other charitable organization. The Department shall set forth applicable regulations in an Administrative Order and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information. Any person operating under a Nuisance Wildlife Control Permit who subcontracts the operation of nuisance wildlife control to another shall ensure that such subcontractor possesses a valid Nuisance Wildlife Control Permit issued by the Department. The person must maintain a record of the subcontractor including the subcontractor's name, address, and phone number, and type of work to be performed, for a period of not less than 2 years from the date the subcontractor is no longer performing services on behalf of the person. The records shall be presented to an authorized employee of the Department or law enforcement officer upon request for inspection. Any person operating without the required permit as outlined under this subsection (b) or in violation of this subsection (b) is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of this Code, including the taking or attempting to take such species for commercial purposes as outlined in Sections 2.36 and 2.36a of this Code. Any devices and equipment, including vehicles, used in violation of this subsection (b) may be subject to the provisions of Section 1.25 of this Code. Any person properly permitted and operating under the provisions of this subsection is exempt from the provisions of this Act except as limited by administrative rule adopted by the Department. (c) The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act. (d) A drainage district or road district or the designee of a drainage district or road district shall be exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with this Code, including marking or identification. The designee of a drainage district or road district must have a signed and dated written authorization from the drainage district or road district in possession at all times when conducting activities under this Section. This exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district or road district. For the purposes of this Section, "road district" includes a township road district. (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff. 1-1-25.) |
(520 ILCS 5/2.38) (from Ch. 61, par. 2.38)
Sec. 2.38. No person shall at any time:
(1) falsify, alter or change in any manner, or | ||
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(2) falsify any record required by this Act;
(3) counterfeit any form of license, permit or tag | ||
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(4) loan or transfer to another person any license, | ||
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(5) use in the field any license, permit, or tag | ||
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It is unlawful to possess any license, permit or tag issued under the
provisions of this Act which was fraudulently obtained, or which the
possessor knew, or should have known, was falsified, altered, changed in
any manner or fraudulently obtained.
The Department shall suspend the privileges, under this Act, of any person found guilty of violating this Section for a period of not less than one year.
(Source: P.A. 95-13, eff. 1-1-08.)
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(520 ILCS 5/2.39) Sec. 2.39. (Repealed).
(Source: P.A. 95-529, eff. 8-28-07. Repealed internally, eff. 1-1-14.) |
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1) Sec. 3.1. License and stamps required. (a) Before any person shall take or attempt to take any of the species
protected by Section 2.2 for which an open season is established under this
Act, he shall first have procured and possess a valid hunting license, except as provided in Section 3.1-5 of this Code. Before any person 18 years of age or older shall take or
attempt to take any bird of the species defined as migratory waterfowl by
Section 2.2, including coots, he shall first have procured a State
Migratory Waterfowl Stamp. Before any person 18 years of age or older takes, attempts to take, or
pursues any species of wildlife protected by this Code, except migratory
waterfowl, coots, and hand-reared birds on licensed game breeding and hunting
preserve areas and state controlled pheasant hunting areas, he or she shall
first obtain a State Habitat Stamp. Any person who
obtained a lifetime license before January 1, 1993, shall not be required to
obtain State Habitat Stamps. Income from the sale of State Furbearer Stamps and
State Pheasant Stamps received after the effective date of this amendatory Act
of 1992 shall be deposited into the State Furbearer Fund and State Pheasant
Fund, respectively. Before any person 18 years of age or older shall take, attempt to
take, or sell the green hide of any mammal of the species defined as
fur-bearing mammals by Section 2.2 for which an open season is established
under this Act, he shall first have procured a State Habitat Stamp. (b) Before any person who is a non-resident of the State of Illinois
shall take or attempt to take any of the species protected by Section
2.2
for which an open season is established under this Act, he shall,
unless specifically exempted by law, first procure a non-resident
license as provided by this Act for the taking of any wild game. Before a nonresident shall take or attempt to take white-tailed deer,
he shall first have procured a Deer Hunting Permit as defined in Section
2.26 of this Code. Before a nonresident shall take or attempt to take wild turkeys, he
shall have procured a Wild Turkey Hunting Permit as defined in Section 2.11
of this Code. (c) The owners residing on, or bona fide tenants of, farm lands and their
children, parents, brothers, and sisters actually permanently residing on
their lands shall have the right to hunt any of the species protected by
Section 2.2 upon their lands and waters without procuring hunting licenses;
but the hunting shall be done only during periods of time and with devices
and by methods as are permitted by this Act. Any person on active duty
with the Armed Forces of the United States who is now and who was at the
time of entering the Armed Forces a resident of Illinois and who entered
the Armed Forces from this State, and who is presently on ordinary or emergency leave
from the Armed Forces, and any resident of Illinois who has a disability may hunt
any of the species protected by Section 2.2 without procuring a hunting
license, but the hunting shall be done only during such periods of time and
with devices and by methods as are permitted by this Act. For the purpose of
this Section a person is a person with a disability when that person has a Type 1 or Type 4,
Class 2 disability as defined in Section 4A of the Illinois Identification Card
Act. For purposes of this Section, an Illinois Person with a Disability Identification
Card issued pursuant to the Illinois Identification Card Act indicating that
the person named has a Type 1 or Type 4, Class 2 disability shall be adequate
documentation of the disability. (d) A courtesy non-resident license, permit, or stamp for taking game
may be issued at the
discretion of the Director, without fee, to any person officially employed
in the game and fish or conservation department of another state or of the
United States who is within the State to assist or consult or cooperate
with the Director; or to the officials of other states, the United States,
foreign countries, or officers or representatives of conservation
organizations or publications while in the State as guests of the Governor
or Director. The Director may provide to nonresident participants and
official gunners at field trials an exemption from licensure while
participating in a field trial. (e) State Migratory Waterfowl Stamps shall be required for those persons
qualifying under subsections (c) and (d) who intend to hunt migratory
waterfowl, including coots, to the extent that hunting licenses of the
various types are authorized and required by this Section for those persons. (f) Registration in the U.S. Fish and Wildlife Migratory Bird Harvest
Information Program shall be required for those persons who are required to
have a hunting license before taking
or attempting to take any bird of the species defined as migratory game birds
by Section 2.2, except that this subsection shall not apply to crows in this
State
or hand-reared birds on licensed game breeding and hunting preserve areas, for
which an open season is established by this Act. Persons registering with the
Program must carry proof of registration with them while migratory bird
hunting. The Department shall publish suitable prescribed regulations pertaining to
registration by the migratory bird hunter in the U.S. Fish and Wildlife Service
Migratory Bird Harvest Information Program.(Source: P.A. 102-837, eff. 5-13-22.) |
(520 ILCS 5/3.1-1) (from Ch. 61, par. 3.1-1)
Sec. 3.1-1.
(Repealed).
(Source: Repealed by P.A. 88-91.)
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(520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)
Sec. 3.1-2.
Veterans who, according to the determination of the Veterans'
Administration as certified by the Department of Veterans' Affairs, are
at least 10% disabled with service-related disabilities or in receipt of
total disability pensions and former prisoners of war may hunt and trap any of the species protected by Section
2.2, during such times, with such devices and by such methods as are permitted
by this Act, without procuring hunting and trapping licenses, State Habitat Stamps, and State Waterfowl Stamps on the condition that their
respective disabilities do not prevent them from hunting and trapping in a manner which
is safe to themselves and others.
(Source: P.A. 102-524, eff. 8-20-21; 102-837, eff. 5-13-22.)
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(520 ILCS 5/3.1-3)
Sec. 3.1-3. Deer, waterfowl, and wild turkey outfitter permit; application and fees. Before
any person provides or offers to provide, for compensation, outfitting services
for deer, waterfowl, or
wild turkey hunting, that person must apply for and receive a permit from the
Department. The
annual fee for resident outfitter permits shall not exceed $1,000. The annual
fee for
nonresident outfitter permits shall not exceed $2,500. All outfitter permit
fees shall be
deposited into the Wildlife and Fish Fund. The criteria, definitions,
application process,
fees, and standards of outfitting services shall be provided by
administrative rule. Any person who violates any provision of this Section, including administrative rules, shall be guilty of a Class B misdemeanor.
(Source: P.A. 98-914, eff. 1-1-15.)
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(520 ILCS 5/3.1-4) Sec. 3.1-4. Military members returning from mobilization and service outside the United States. (a) After returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, an Illinois resident may hunt and trap any of the species protected by Section 2.2 of this Code without paying any fees required to obtain a hunting license or a trapping license for the time period prescribed by subsection (b) of this Section if the Illinois resident applies for a license within 2 years after returning from service abroad or mobilization. The applicant shall provide acceptable verification of service or mobilization to the Department. The Department shall establish by
administrative rule the procedure by which such verification of service
shall be made to the Department for the purpose of issuing a license. (b) For each year that an applicant served as an active duty member of the
United States Armed Forces, the Illinois National Guard, or the Reserves of
the United States Armed Forces and served abroad or was mobilized by the
President of the United States pursuant to subsection (a) of this Section, the applicant shall receive one free hunting license, one free trapping license, one free Deer Hunting Permit as provided in Section 2.26 of this Code and rules adopted pursuant to that Section, and one free State Habitat Stamp. For the purposes of this determination, if the period of active duty is a portion of a year (for example, one year and 3 months), the applicant will be credited with a full year for the portion of a year served. (c) (Blank).
(c-5) An Illinois resident veteran may obtain an Illinois Hunter Education card if he or she completes the online study section of the Illinois Hunter Education program and provides the Department with acceptable verification of service or mobilization. (d) For the purposes of this Section, "acceptable verification of service or mobilization" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad. (e) For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States. (Source: P.A. 102-524, eff. 8-20-21; 102-780, eff. 5-13-22.) |
(520 ILCS 5/3.1-5) Sec. 3.1-5. Apprentice Hunter License Program. (a) The Department shall establish an Apprentice Hunter License Program. The purpose of this Program shall be to extend limited hunting privileges, in lieu of obtaining a valid hunting license, to persons interested in learning about hunting sports. (b) Any resident or nonresident may apply to the Department for an Apprentice Hunter License. The Apprentice Hunter License shall be a non-renewable license that shall expire on the March 31 following the date of issuance. (c) The Apprentice Hunter License shall entitle the licensee to hunt on private property while supervised by a validly licensed resident or nonresident hunter who is 21 years of age or older.
(c-5) The Apprentice Hunter License shall entitle the licensee to hunt on public property while supervised by a validly licensed resident or nonresident who is 21 years of age or older and has a hunter education certificate. (d) In order to be approved for the Apprentice Hunter License, the applicant must request an Apprentice Hunter License on a form designated and made available by the Department and submit a $7 fee, which shall be separate from and additional to any other stamp, permit, tag, or license fee that may be required for hunting under this Code. The Department shall adopt suitable administrative rules that are reasonable and necessary for the administration of the program, but shall not require any certificate of competency or other hunting education as a condition of the Apprentice Hunter License.
(Source: P.A. 100-638, eff. 1-1-19; 101-444, eff. 6-1-20.) |
(520 ILCS 5/3.1-6) Sec. 3.1-6. Special deer, turkey, and combination hunting licenses. (a) For the purpose of this Section: "Bona fide equity member" means an individual who: (1) (i) became a member upon the formation of the | ||
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(2) intends to retain the membership for at least 5 | ||
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"Bona fide equity partner" means an individual who: (1) (i) became a partner, either general or limited, | ||
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(2) intends to retain ownership of the partnership | ||
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(3) is a resident of this State. "Bona fide equity shareholder" means an individual who: (1) purchased, for market price, publicly sold stock | ||
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(2) intends to retain the ownership of the shares of | ||
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(b) Landowner Deer, Turkey, and combination permits shall be issued without charge to: (1) Illinois landowners residing in this State who | ||
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(2) resident tenants of at least 40 acres of | ||
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(3) bona fide equity shareholders of a corporation, | ||
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Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule. (c) The deer, turkey, or combination hunting permit issued without fee shall be valid on all farm lands which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued to a bona fide equity shareholder, bona fide equity member, or bona fide equity partner, the permit shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county.
(Source: P.A. 99-869, eff. 1-1-17.) |
(520 ILCS 5/3.1-7) Sec. 3.1-7. Terminally ill hunter or trapper licensing program. In order to facilitate hunting, trapping, and fishing opportunities for a terminally ill person, the Director may issue any license, tag, permit, or stamp and waive fees, including transaction and dealer fees. Youth may take game outside of an established season if that youth is deemed to be terminally ill and the hunt is pre-approved by the Director.
(Source: P.A. 102-524, eff. 8-20-21.) |
(520 ILCS 5/3.1-9) Sec. 3.1-9. Youth Hunting and Trapping License. (a) Before any youth under 18 years of age shall take or attempt to take any species protected by Section 2.2 of this Code for which an open season is established, he or she shall first procure and possess a valid Youth Hunting and Trapping License. The Youth Hunting and Trapping License shall be a renewable license that shall expire on the March 31 following the date of issuance. The fee for a Youth Hunting and Trapping License is $7. A Youth Hunting and Trapping License shall entitle the licensee to hunt while supervised by an adult who is 21 years of age or older and has a valid Illinois hunting license. A youth licensed under this subsection (a) shall not hunt or carry a hunting device, including, but not limited to, a firearm, bow and arrow, or crossbow unless the youth is accompanied by and under the close personal supervision of an adult who is 21 years of age or older and has a valid Illinois hunting license. The Department shall adopt rules for the administration of the program, but shall not require any certificate of competency or other hunting or trapping education as a condition of the Youth Hunting and Trapping License. If a youth has a valid certificate of competency for hunting from a hunter safety course approved by the Department, he or she is exempt from the supervision requirements for youth hunters in this Section.
(b) A Youth Hunting and Trapping License shall entitle the licensee to trap while supervised by an adult who is 21 years of age or older and has a valid Illinois trapping license. A youth licensed under this Section shall not trap or carry a hunting device, including, but not limited to, a firearm, bow and arrow, or crossbow unless the youth is accompanied by and under the close personal supervision of an adult who is 21 years of age or older and has a valid Illinois trapping license. The Department shall adopt rules for the administration of the program, but shall not require any certificate of competency or other trapping education as a condition of the Youth Hunting and Trapping License. If a youth has a valid certificate of competency for trapping from a trapper safety course approved by the Department, then he or she is exempt from the supervision requirements for youth trappers in this Section. (Source: P.A. 100-638, eff. 1-1-19; 100-691, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
Sec. 3.2. Hunting license; application; instruction. Before the
Department or any county, city, village, township, incorporated town clerk
or his duly designated agent or any other person authorized or designated
by the Department to issue hunting licenses shall issue a hunting license
to any person, the person shall file his application with the Department or
other party authorized to issue licenses on a form provided by the
Department and further give definite proof of identity and place of legal
residence. Each clerk designating agents to issue licenses and stamps
shall furnish the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his duly
designated agent shall be authorized to sell licenses and stamps only
within the territorial area for which he was elected or appointed. No duly
designated agent is authorized to furnish licenses or stamps for
issuance by any other business establishment. Each
application shall be executed and sworn to and shall set forth the name
and description of the applicant and place of residence.
No hunting license shall be issued to any person born on or after January
1,
1980
unless he presents the person authorized to issue the license
evidence that he has held a hunting license issued by the State of Illinois
or another state in a prior year, or a certificate of competency as
provided in this Section. Persons under 18 years of age may be issued a
Lifetime Hunting or Sportsmen's Combination License as provided under Section
20-45 of the Fish and Aquatic Life Code but shall not be entitled to hunt alone, without the supervision of an adult age 21 or older,
unless they have a certificate of competency as provided in this Section and
the certificate is in their possession while hunting.
The Department of Natural Resources shall authorize
personnel of the
Department or certified volunteer instructors to conduct courses, of not
less than 10 hours in length, in firearms and hunter safety, which may include
training in bow and arrow safety, at regularly specified intervals throughout
the State. Persons successfully completing the course shall receive a
certificate of competency. The Department of Natural Resources may further
cooperate with any reputable association or organization in establishing
courses if the organization has as one of its objectives the promotion of
safety in the handling of firearms or bow and arrow.
The Department of Natural Resources shall designate any
person found by it
to be competent to give instruction in the handling of firearms, hunter
safety, and bow and arrow. The persons so appointed shall give the
course of instruction and upon the successful completion shall
issue to the person instructed a certificate of competency in the safe
handling of firearms, hunter safety, and bow and arrow. No charge shall
be made for any course of instruction except for materials or ammunition
consumed. The Department of Natural Resources shall
furnish information on
the requirements of hunter safety education programs to be distributed
free of charge to applicants for hunting licenses by the persons
appointed and authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee charged
for the Firearm Owners Identification Card.
The fee for a hunting license to hunt all species for a resident of
Illinois is $12. For residents age 65 or older, and, commencing with the 2012 license year, resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, the fee is one-half of the
fee charged for a hunting license to hunt all species for a resident of
Illinois. Veterans must provide to the Department acceptable verification of their service. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing resident veterans hunting
licenses at a reduced fee. The fee for a hunting license to hunt all species shall be $1 for residents over 75 years of age. Nonresidents shall be charged $57 for a hunting license.
Residents of this State may obtain a 3-year hunting license to hunt all species as described in Section 3.1 for 3 times the annual fee. For residents age 65 or older and resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year hunting license to hunt all species as described in Section 3.1 for a resident of this State. Veterans must provide to the Department, per administrative rule, verification of their service. The Department shall establish what constitutes suitable verification of service for the purpose of issuing resident veterans 3-year hunting licenses at a reduced fee. Nonresidents may be issued a nonresident hunting license for a
period not to exceed 10 consecutive days' hunting in the State and shall
be charged a fee of $35.
A special nonresident hunting license authorizing a nonresident to
take game birds by hunting on a game breeding and hunting preserve
area only, established under Section 3.27, shall be issued upon proper
application being made and payment of a fee equal to that for a resident
hunting license. The expiration date of this license shall be on the same
date each year that game breeding and hunting preserve
area licenses expire.
Each applicant for a State Migratory Waterfowl Stamp, regardless of
his residence or other condition, shall pay a fee of $15 and
shall receive a stamp. The fee for a State Migratory Waterfowl Stamp shall be waived for residents over 75 years of age. Except as provided under
Section 20-45 of the Fish and Aquatic Life Code,
the stamp shall be signed by the person or affixed to his license
or permit in a space designated by the Department for that purpose.
Each applicant for a State Habitat Stamp, regardless of his residence
or other condition, shall pay a fee of $5 and shall receive a
stamp. The fee for a State Habitat Stamp shall be waived for residents over 75 years of age. Except as provided under Section 20-45 of the Fish and Aquatic Life
Code, the stamp shall be signed by the person or affixed to his license or
permit in a space designated by the Department for that purpose.
Nothing in this Section shall be construed as to require the purchase
of more than one State Habitat Stamp by any person in any one license year.
The fees for State Pheasant Stamps and State Furbearer Stamps shall be waived for residents over 75 years of age. The Department shall furnish the holders of hunting licenses and stamps
with an insignia as evidence of possession of license, or license and
stamp, as the Department may consider advisable. The insignia shall be
exhibited and used as the Department may order.
All other hunting licenses and all State stamps shall expire upon
March 31 of each year. Three-year hunting licenses shall expire on March 31 of the 2nd year after the year in which the license is issued.
Every person holding any license, permit, or stamp issued under the
provisions of this Act shall have it in his possession for immediate
presentation for inspection to the officers and authorized employees of
the Department, any sheriff, deputy sheriff, or any other peace officer making
a demand for it. This provision shall not apply to Department owned or
managed sites where it is required that all hunters deposit their license,
permit, or Firearm Owner's Identification Card at the check station upon
entering the hunting areas.
For the purposes of this Section, "acceptable verification" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad. For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States. (Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)
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(520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
Sec. 3.2a.
Every person holding any license, permit or stamp issued under the
provisions hereof shall have it in his possession for immediate
presentation for inspection to the officers and authorized employees of
the Department, any sheriff, deputy sheriff or any other peace officer making
a demand for it.
This provision shall not apply to Department owned or managed sites where
it is required that all hunters deposit their license, permit or Firearm
Owner's Identification Card at the check station upon entering the hunting areas.
(Source: P.A. 85-152.)
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(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
Sec. 3.3. Trapping license required. Before any person shall trap any
of the mammals protected
by this Act, for which an open trapping season has been established, he shall
first procure a trapping license from the Department to do so. No traps
shall be placed in the field, set or unset, prior to the opening day of
the trapping season.
Traps used in the taking of such mammals shall be marked or
tagged with metal tags or inscribed in lettering giving the name and
address of the owner or the customer identification number issued by the Department, and absence of such mark or tag shall be prima
facie evidence that such trap or traps are illegally used and the trap
or traps shall be confiscated and disposed of as directed by the
Department.
Before any person 18 years of age or older shall trap, attempt to
trap, or sell the green hides of any mammal of the species defined as
fur-bearing mammals by Section 2.2 for which an open season is established
under this Act, he shall first have procured a State Habitat Stamp.
Beginning January 1, 2016, no trapping license shall be issued to any
person born on or after January 1, 1998 unless he or she presents to the authorized issuer of the license evidence that he or she has a
certificate of competency provided for in this Section.
The Department of Natural Resources shall authorize
personnel of the Department,
or volunteer instructors, found by the Department to be competent,
to provide instruction in courses on trapping techniques and ethical trapping
behavior as needed throughout the State, which courses shall be at least
8 hours in length. Persons so authorized shall provide instruction in such
courses to individuals at no charge, and shall issue to individuals
successfully completing such courses certificates of competency in basic
trapping techniques. The Department shall cooperate in establishing such
courses with any reputable association or organization which has as one of
its objectives the promotion of the ethical use of legal fur harvesting
devices and techniques. The Department shall furnish information on the
requirements of the trapper education program to be distributed free of
charge to applicants for trapping licenses by the persons appointed and
authorized to issue licenses.
The owners residing on, or bona fide tenants of farm lands, and their
children actually residing on such lands, shall have the right to trap
mammals protected by this Act, for which an open trapping season has been
established, upon such lands, without procuring licenses, provided that
such mammals are taken during the periods of time and with such devices as
are permitted by this Act.
Any person on active duty in the Armed Forces or any person with a disability who is a resident of Illinois, may trap any of the species protected by Section 2.2, during such times, with such devices, and by such methods as are permitted by this Act, without procuring a trapping license. For the purposes of this Section, a person is considered a person with a disability if he or she has a Type 1 or Type 4, Class 2 disability as defined in Section 4A of the Illinois Identification Card Act. For purposes of this Section, an Illinois Person with a Disability Identification Card issued pursuant to the Illinois Identification Card Act indicating that the person thereon named has a Type 1 or Type 4, Class 2 disability shall be adequate documentation of such a disability. (Source: P.A. 101-81, eff. 7-12-19; 102-524, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
Sec. 3.4. Trapping licenses. Before a trapping license shall be issued
to any person, such person shall make application to the Department or any
county, city, village, township or incorporated town clerk or his or her duly
designated agent upon an application form provided by the Department.
This application shall be executed and sworn to and shall set forth the
name and description of the applicant and his or her place of residence.
Residents of this State may obtain a one-year trapping license. The fee for a one-year trapping license for a resident of
this State shall be $10.00.
Residents of this State may obtain a 3-year trapping license. The fee for a 3-year trapping license for a resident of this State shall be 3 times the annual fee for a one-year trapping license. The Department may provide for a one-year non-resident trapping license provided
that any non-resident shall be charged a fee of $175,
and if the state in which the applicant
resides does not provide for trapping mammals by Illinois
residents, then the fee shall be $250.
Every person trapping mammals shall make a report properly
sworn to, to the Department, upon blanks supplied by the Department for
such purpose, of all hides of mammals taken, sold, shipped
or dealt in, during the open seasons for mammals together with
the names and addresses of the parties to whom
the same were sold or shipped. Such report shall be made to the
Department within 15 days after the close of the trapping
season. Failure to report or filing false reports shall subject the person
to the penalties provided in Section 3.5. Further, the Department may
refuse to issue a trapping license for the following year to any person who
has failed to file such a report.
One-year trapping licenses shall expire on March 31 of each year. Three-year trapping licenses shall expire on March 31 of the second year after the year in which the trapping license is issued.
(Source: P.A. 103-456, eff. 1-1-24.)
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(520 ILCS 5/3.4a) (from Ch. 61, par. 3.4a)
Sec. 3.4a.
Every person holding any license, stamp or permit issued
under the provisions hereof shall have the same in his possession for
immediate presentation for inspection to the authorized employees of the
Department, any sheriff, deputy sheriff, or any other peace officer, making
demand for same.
(Source: P.A. 86-159.)
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(520 ILCS 5/3.4b) Sec. 3.4b. Concealed firearm exemption. A current or retired law enforcement officer authorized by law to possess a concealed firearm shall be exempt from the provisions of this Code prohibiting possession of those firearms. However, nothing in this Section authorizes the use of those firearms except as authorized by law.
(Source: P.A. 101-80, eff. 7-12-19.) |
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5) Sec. 3.5. Penalties; probation. (a) Any person who violates any of the provisions of Section 2.36a, including administrative rules, shall be guilty of a Class 3 felony, except as otherwise provided in subsection (b) of this Section and subsection (a) of Section 2.36a. (b) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under Section 1.22, 2.36, or 2.36a, operating without a permit as prescribed in subsection (b) of Section 2.37, or an offense under subsection (i) or (cc) of Section 2.33, the court may, without entering a judgment and with the person's consent, sentence the person to probation for a violation of Section 2.36a. (1) When a person is placed on probation, the court | ||
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(2) The conditions of probation shall be that the | ||
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(A) Not violate any criminal statute of any | ||
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(B) Perform no less than 30 hours of community | ||
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(3) The court may, in addition to other conditions: (A) Require that the person make a report to and | ||
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(B) Require that the person pay a fine and costs. (C) Require that the person refrain from | ||
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(D) Prohibit the person from associating with any | ||
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(4) Upon violation of a term or condition of | ||
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(5) Upon fulfillment of the terms and conditions of | ||
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(6) A disposition of probation is considered to be a | ||
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(7) Discharge and dismissal under this Section may | ||
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(8) If a person is convicted of an offense under this | ||
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(9) The Circuit Clerk shall notify the Illinois State | ||
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(c) Any person who violates any of the provisions of Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection (f)), including administrative rules, shall be guilty of a Class B misdemeanor. A person who violates Section 2.33b by using any computer software or service to remotely control a weapon that takes wildlife by remote operation is guilty of a Class B misdemeanor. A person who violates Section 2.33b by facilitating a violation of Section 2.33b, including an owner of land in which remote control hunting occurs, a computer programmer who designs a program or software to facilitate remote control hunting, or a person who provides weapons or equipment to facilitate remote control hunting, is guilty of a Class A misdemeanor. Any person who violates any of the provisions of Sections 1.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative rules, shall be guilty of a Class A misdemeanor. Any second or subsequent violations of Sections 2.4 and 2.36 shall be a Class 4 felony. Any person who violates any of the provisions of this Act, including administrative rules, during such period when his license, privileges, or permit is revoked or denied by virtue of Section 3.36, shall be guilty of a Class A misdemeanor. Any person who violates subsection (g), (i), (o), (p), (y), or (cc) of Section 2.33 shall be guilty of a Class A misdemeanor and subject to a fine of no less than $500 and no more than $5,000 in addition to other statutory penalties. In addition, the Department shall suspend the privileges, under this Act, of any person found guilty of violating subsection (cc) of Section 2.33 for a period of not less than one year. Any person who operates without a permit in violation of subsection (b) of Section 2.37 is guilty of a Class A misdemeanor and subject to a fine of not less than $500. Any other violation of subsection (b) of Section 2.37, including administrative rules, is a Class B misdemeanor. Any person who violates any other of the provisions of this Act including administrative rules, unless otherwise stated, shall be guilty of a petty offense. Offenses committed by minors under the direct control or with the consent of a parent or guardian may subject the parent or guardian to the penalties prescribed in this Section. In addition to any fines imposed pursuant to the provisions of this Section or as otherwise provided in this Act, any person found guilty of unlawfully taking or possessing any species protected by this Act shall be assessed a civil penalty for such species in accordance with the values prescribed in Section 2.36a of this Act. This civil penalty shall be imposed by the Circuit Court for the county within which the offense was committed at the time of the conviction. Any person found guilty of violating subsection (b) of Section 2.37 is subject to an additional civil penalty of up to $1,500. All penalties provided for in this Section shall be remitted to the Department in accordance with the same provisions provided for in Section 1.18 of this Act, except that civil penalties collected for violation of subsection (b) of Section 2.37 shall be remitted to the Department and allocated as follows: (1) 60% to the Conservation Police Operations | ||
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(2) 40% to the Illinois Habitat Fund. (Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23; 103-605, eff. 7-1-24.) |
(520 ILCS 5/3.6) (from Ch. 61, par. 3.6)
Sec. 3.6.
(Repealed).
(Source: P.A. 87-174. Repealed by P.A. 98-914, eff. 1-1-15.)
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(520 ILCS 5/3.7) (from Ch. 61, par. 3.7)
Sec. 3.7.
(Repealed).
(Source: P.A. 90-435, eff. 1-1-98. Repealed by P.A. 98-914, eff. 1-1-15.)
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(520 ILCS 5/3.8) (from Ch. 61, par. 3.8)
Sec. 3.8. (Repealed). (Source: P.A. 97-132, eff. 1-1-12. Repealed by P.A. 98-914, eff. 1-1-15.)
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(520 ILCS 5/3.11) (from Ch. 61, par. 3.11)
Sec. 3.11. Resident fur buyer permits. Any individual who is a resident of this State, who, within
this State, receives, collects or buys, or who acts as an
agent or broker in the receipt, collection or purchase of the green
hides of fur-bearing mammals, protected by this Act, shall be a resident fur
buyer in the meaning of this Act. Resident fur buyer's permits
shall be issued by the Department. The annual fee for each resident
fur buyer's permit shall be $50.00. All resident fur
buyer permits shall expire on March 31 of each year. A holder
of a valid resident
fur buyer permit may buy, sell, possess, transport, and ship the
green hides of any legally taken fur-bearing mammals; provided, however, that failure to establish
proof of
the legality or origin of the green hides of fur-bearing mammals
shall be prima facie evidence that such green hides of fur-bearing
mammals are contraband within the State of Illinois. Nothing in this Section
shall exempt any permittee from complying with any federal laws, rules or
regulations which may apply to the green hides of fur-bearing
mammals. A person who holds a fur tanner's permit under Section 3.16 of this Code is exempt under this Section if the person is not engaged in the business of receiving green hides for the purpose of buying or selling the hides, whether green, dressed, processed, or tanned and the hides which have been tanned or processed are returned to the person who submitted the hides for processing or tanning.
(Source: P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.12) (from Ch. 61, par. 3.12)
Sec. 3.12.
(Repealed).
(Source: P.A. 89-341, eff. 8-17-95. Repealed by P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
Sec. 3.14. Record keeping; fur buyers and non-resident auction participants. All fur buyers and non-resident auction participants shall maintain records of the receipt, collection, purchase, and sale of green hides of fur-bearing mammals. A record of each transaction shall be created at the time it is executed specifying the date, numbers, and kinds of green hides purchased, sold, or transferred, the price paid for each green hide, if any, and the name, address, and Department customer identification number of the other party. Records of transactions with non-residents may substitute the Department customer identification number with an equivalent identifier such as a license or permit number from the person's place of residence. Records of transactions shall be retained for 2 years from the date of execution and shall be presented for inspection at any reasonable time a request is made by authorized employees of the Department or any sheriff, deputy sheriff, or peace officer. Failure to produce records of transactions for green hides shall be prima facie evidence that the green hides are contraband in this State. A numbered receipt shall be issued to the other party when purchasing green hides of fur-bearing mammals. The receipt shall specify the name and address of the person selling the green hides, the numbers and kinds of green hides sold, the price paid for each green hide, the date of the transaction, and the name of the fur buyer or non-resident auction participant.
(Source: P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
Sec. 3.15. Purchase of green hides. Any manufacturer, converter, or consumer who purchases or receives
green hides of fur-bearing mammals for the purpose of dressing and
fabricating them into fur
garments or products, shall purchase such green hides from a duly
licensed fur buyer or fur-bearing mammal breeder, and shall demand from
the buyer or breeder an
invoice covering such purchases, indicating thereon the date of the transaction,
the name
and address of the fur buyer or fur-bearing mammal breeder, and the number and kinds of
green hides so purchased. Such invoices shall be presented for inspection
to officers and authorized employees
of the Department, any sheriff, deputy sheriff, or any other peace officer
when request is made for same. Failure to produce such invoice shall be
prima facie evidence that such green hides are contraband within this State.
Such purchases of green hides of fur-bearing or game mammals
shall be made for converting or
manufacturing purposes only, and green hides so bought shall not be offered
for resale in the green or raw condition.
(Source: P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
Sec. 3.16. Fur tanner permits. Any individual, who for other individuals, engages in the
business of dressing, dyeing or tanning the green hides of fur-bearing mammals, protected by this Act,
shall be a fur tanner in the meaning of this Act.
Before any individual shall engage in the business of dressing, dyeing, or
tanning green hides of fur-bearing mammals, for any other individual,
he or she shall first procure a fur tanner permit. Fur tanner permits
shall be issued by the Department.
The annual fee for each fur tanner's permit shall be $25.00.
All fur tanner
permits shall expire on March 31st of each year. Any fur tanner who receives
or collects green hides shall require an affidavit from the shipper or consignor,
stating that said green hides were taken according to regulations of the
state where they were taken, a certificate of purchase as provided for in
Section 3.14 or an invoice as provided for in Section 3.15. The
affidavit, certificate of purchase, or invoice shall show the name and address
of the individual from whom the green hides were received or
collected and the
records shall be kept by the fur tanner for a minimum period of one year
following the date of receipt or collection. The affidavit, certificate
of purchase, or invoice shall be immediately presented for inspection to
officers and authorized employees of the Department, any sheriff, deputy
sheriff, or any other peace officer upon request. Failure
to produce such affidavit, certificate of purchase, or invoice shall be
prima facie evidence that such green hides are contraband within this State. Upon receipt by the fur tanner of any green hide not accompanied
by an affidavit, certificate of purchase or invoice, the fur tanner shall
notify the shipper or consignor in writing of the requirement. The fur
tanner shall then hold green hides until an affidavit, certificate of purchase,
or invoice is received. The green hides shall be labeled with the name
and address of the shipper or consignor, date of receipt, and the date
notification
was sent to the shipper or consignor. If the shipper or consignor shall
fail to furnish the affidavit, certificate of purchase, or invoice within
30 days from the date of receipt of the green hides, the fur tanner shall
notify the Department and green hides shall be disposed of in accordance
with instructions from the Department. Additional Federal regulations may
apply to the hides of certain endangered species.
(Source: P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.16a) Sec. 3.16a. Non-resident auction participation permit; fee. Any individual who is not a resident of this State and does not possess a non-resident fur buyer permit must obtain a non-resident auction participation permit to receive, collect, buy, or act as an agent or broker in the receipt, collection, or purchase of the green hides of fur-bearing mammals at auctions organized for these purposes within this State. Non-resident auction participation permits shall be issued by the Department. The annual fee for each non-resident auction participation permit is $50. Non-resident auction participation permits expire on March 31. A holder of a valid non-resident auction participation permit may receive, collect, buy, possess, transport, or act as an agent or broker in the receipt, collection, or purchase of legally taken fur-bearing mammals. Failure to establish proof of legality or origin of the green hides of fur-bearing mammals, however, is prima facie evidence that the green hides are contraband within this State. Nothing in this Section exempts any permittee from complying with any federal laws, rules, or regulations that may apply to the green hides of fur-bearing mammals.
(Source: P.A. 100-123, eff. 1-1-18.) |
(520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
Sec. 3.18. Non-resident fur buyers. Any individual not a resident of this State, who,
within this
State, receives, collects or buys, or who acts as an agent
or broker in the receipt, collection or purchase of the green
hides of fur-bearing mammals, protected by this Act, shall be a
non-resident fur buyer
in the meaning of this Act. Non-resident fur buyer permits shall be issued
by the Department.
Non-resident fur buyers must obtain a non-resident fur buyer permit before
receiving, collecting, or purchasing the green hides of fur-bearing mammals
within this State except that a non-resident fur buyer permit shall not be
required for purchasing the green hides of fur-bearing mammals from resident
fur buyers as defined in Section 3.11.
The annual fee for each non-resident fur
buyer permit shall be $250.00. All non-resident fur buyer permits shall
expire on March 31 of each year. A
non-resident fur buyer may buy, sell, possess, transport and ship
the green hides of any legally
taken fur-bearing mammals;
provided, however, that failure to establish proof of the
legality of or origin of the green hides of fur-bearing mammals
shall
be prima facie evidence that such green hides of fur-bearing
mammals
are contraband
within this State. Nothing in this Section shall be construed
to remove such permittee from responsibility for the observance of any federal
laws, rules or regulations which may apply to the green hides of fur-bearing mammals.
(Source: P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
Sec. 3.19. Permit requirements. Each resident fur buyer, nonresident
fur buyer, non-resident auction participant, fur-bearing mammal breeder, or fur tanner shall have his or her permit
in his or her possession when receiving, collecting, buying, selling, or
offering for sale the green hides of fur-bearing mammals or
accepting the same for dressing, dyeing, or tanning and shall
immediately produce the same when requested to do so by an officer or authorized
employees of the Department, any sheriff, deputy sheriff or any other
peace officer. Persons conducting organized and
established auction sales or the green hides of fur-bearing
mammals, protected by this Act, shall be exempt from the provisions of
this Section.
(Source: P.A. 100-123, eff. 1-1-18; 100-863, eff. 8-14-18.)
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(520 ILCS 5/3.20) (from Ch. 61, par. 3.20)
Sec. 3.20. Reporting; fur buyers and non-resident auction participants.
All fur buyers and non-resident auction participants shall submit a report to the Department on forms provided
by the Department showing the number and kinds of all green hides of
fur-bearing mammals received, collected or purchased, and the average price,
if any, paid therefore and such other information as required by the
Department.
This report shall be made on or before May 10 of each year and
shall include
all operations for the 12 months preceding May 1 of the
current year.
All such receipts, reports, and records required by this Section shall be
available for inspection by any officer or authorized employee of the
Department,
any sheriff, deputy sheriff, or any other peace officer at any reasonable
time when request is made for same. Failure to comply with the provisions
of this Section shall bar the permittee from obtaining a fur
buyer or non-resident auction participant permit
for the following year.
(Source: P.A. 100-123, eff. 1-1-18.)
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(520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
Sec. 3.21.
(a) Every person before engaging in the business of
taxidermy shall obtain a license for such purpose from the Department.
Application for such license shall be filed with the Department and shall
set forth the name of the applicant; its principal officers, if the
applicant is a corporation, or the partners, if the applicant is a
partnership; the location of the place of business and such additional
information as the Department may require. The annual fee for each
taxidermist license shall be $25.00. All licenses issued to taxidermists
are valid only at the location described and designated on the application
for such license. All taxidermist permits shall expire on March 31 of
each year. Persons employed by a licensed taxidermist shall not be
required to possess a taxidermist license while working for and at the
place of business of the license holder.
Licensed taxidermists shall submit to the Department a list naming all
individuals who will be working at the place of business specified on
the license. Only those individuals whose names are on file with the
Department shall be authorized to work under the scope of the taxidermist's
license.
(b) Taxidermists shall keep written records of all birds or mammals,
or parts thereof, received or returned by them. Records shall include the
following information:
(1) The date the bird or mammal was received.
(2) The name and address of the person from whom the | ||
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(3) The number and species of each bird or mammal | ||
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(4) The number and state of issuance of the hunting | ||
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(c) All birds or mammals or parts thereof that have been received,
preserved
or mounted or possessed by a taxidermist are required to bear a coded origin
tag or label. The origin tag or label shall correspond with written
records containing more complete information as required by the Department.
(d) Taxidermy records shall be open for inspection by any peace officer
at any reasonable hour. Taxidermists shall maintain records for a period
of 2 years from the date of receipt of the bird or mammal or for as long
as the specimen or mount remains in the taxidermist's possession, whichever
is longer. The Department may require the taxidermist to submit to it such
information as it deems necessary.
(e) A licensed taxidermist may possess the green hides of furbearers and
other game mammals the year round as long as such hides are tagged as and
remain the property of the individual who legally took them and for whom the
taxidermist is performing services.
(f) A licensed taxidermist may without a fur tanners permit tan the
green hides of furbearers and other game mammals as long as such hides are
tagged as and remain the property of the individual who legally took them
and for whom the taxidermist is performing services.
(f.5) A licensed taxidermist may, without a fur buyer's permit, buy, sell,
transport and possess the green or tanned hides of any legally obtained
furbearer or game mammal the year round as long as the hides in the
taxidermist's possession are used for taxidermy purposes only and bear a coded
origin tag or label. The origin tag or label shall correspond with written
records containing more complete information as required by the Department.
(g) No taxidermist shall have in his or her possession any bird or
mammal that is not listed in his written records and properly tagged or
labeled.
(h) All persons licensed as taxidermists under this Act who shall ship
any birds or mammals or parts thereof that have been received, preserved or
mounted, shall tag or label such shipment and such tag or label shall
state the name of the taxidermist and the number and date of his or her
license.
(i) Nothing in this Section removes taxidermists from responsibility for
the observance of any federal laws, rules, or regulations that may apply to the
taxidermy business.
(Source: P.A. 100-256, eff. 1-1-18.)
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(520 ILCS 5/3.22) (from Ch. 61, par. 3.22)
Sec. 3.22. Issuance of scientific and special purpose permits. Scientific permits may be granted by the Department to any properly accredited
person at least 18 years of age, permitting the capture, marking, handling, banding, or collecting
(including fur, hide, skin, teeth, feathers, claws, nests, eggs, or young),
for strictly scientific purposes, of any of the fauna now protected
under this Code. A special purpose permit may be granted to qualified
individuals for the purpose of salvaging dead, sick, orphaned, or
crippled wildlife species protected by this Act for permanent donation to
bona fide public or state scientific, educational or zoological
institutions or, for the purpose of rehabilitation and subsequent release
to the wild, or other
disposal as directed by the Department.
Private educational organizations may be granted a special purpose permit to possess wildlife or parts thereof for educational purposes. A special purpose permit is required prior to treatment, administration, or both of any wild fauna protected by this Code that is captured, handled, or both in the wild or will be released to the wild with any type of chemical or other compound (including but not limited to vaccines, inhalants, medicinal agents requiring oral or dermal application) regardless of means of delivery, except that individuals and organizations removing or destroying wild birds and wild mammals under Section 2.37 of this Code or releasing game birds under Section 3.23 of this Code are not required to obtain those special purpose permits. Treatment under this special purpose permit means to effect a cure or physiological change within the animal. The criteria, definitions, application process, fees, and standards for a scientific or special purpose permit shall be provided by administrative rule. The annual fee for a scientific or special purpose permit shall not exceed $100. The Department shall set forth applicable regulations in an administrative rule covering qualifications and facilities needed to obtain both a scientific and a special purpose permit. The application for these permits shall be approved by the Department to determine if a permit should be issued. Disposition of fauna taken under the authority of this Section shall be specified by the Department.
The holder of each such scientific or special purpose permit shall make to the Department a report in writing
upon blanks furnished by the Department. Such reports shall be made (i) annually if the permit is granted for a period of more than one year or (ii) within 30 days after the expiration of the permit if the permit is granted for a period of one year or less. Such reports shall include information
which the Department may consider necessary.
(Source: P.A. 96-979, eff. 7-2-10; 97-1136, eff. 1-1-13.)
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(520 ILCS 5/3.23) (from Ch. 61, par. 3.23)
Sec. 3.23. Before any person shall hold, possess or engage in the raising of
game mammals, game birds or migratory game birds protected by this Act,
he shall procure a permit from the Department to do so. Any person
desiring to possess, propagate, hold in captivity but not offer for sale
any species protected by this Act may do so by
acquiring either a Class A Noncommercial bird breeders permit or a Class
A Noncommercial game breeders permit. Any person desiring to possess,
propagate, to hold in captivity, to sell alive, for propagation or
hunting purposes, sell dressed for food purposes any species protected by
this Act may do so by acquiring a
Class B Commercial bird breeders permit or a Class B Commercial/game
breeders permit.
No person shall breed, raise, sell
or offer to sell ferrets without first obtaining from the Department either a Class A
noncommercial game breeder permit or a Class B commercial game breeder
permit; such permit shall not, however,
authorize the use or sale of ferrets for taking any of the wild birds or
wild mammals protected by this Act.
Except for a Class A noncommercial ferret permit which shall be issued
free of charge, the fee for a Class A permit shall be $10. The
fee
for a
Class B permit shall
be $20. Both Class A and Class B permits shall expire
on March 31 of each year.
Holders of wild game or bird breeder's permits may import game mammals, game
birds or migratory game birds into the State of Illinois but may release
the same only with the permission of the Director.
Bobwhite quail and male pheasants raised in Illinois from eggs
originating in Illinois and reared under the provisions of this
Act may be released and harvested by hunting during the open season
provided by the regulations under Sections 2.6 and 2.7 of this Act.
Hen pheasants raised in Illinois from eggs originating in Illinois and
reared under the provisions of this Act may be released but may be
harvested only as provided by the regulations under Sections 2.34 and 3.28 of this Act.
Licensed breeders who hold Class B permits may sell live
hand-reared pheasants, bobwhite quail and chukar partridges to organized
field trial clubs, or to individuals operating dog training grounds
designated by the Department, to be used for field trial purposes and
such pheasants, bobwhite quail and chukar partridges may be killed by
shooting in connection therewith on areas approved by the Department.
Tags or decals on containers, of a type not removable without
breaking or mutilating the tag or decal, shall be used to designate the
carcasses of game mammals, game birds or migratory game birds raised in
captivity, as provided in this Section, and all game imported legally
from any source outside the State of Illinois shall be so designated
with irremovable tags or decals. If such tag or decal is not provided
for in the State of origin the consignor shall obtain such tags or
decals from the Department to identify such carcasses. Upon the
application and payment of a fee of 10 cents for such tag or decal, the
Department shall furnish permittees with such tags or decals, except
that the Department shall only furnish any permittee with sufficient
tags or decals for the number of game mammals, game birds or migratory
game birds, or parts of carcasses thereof, as may from time to time have
been disposed of by the permittee. One of such tags shall be securely
affixed to one of the legs of each game mammal, except deer, where a tag
shall be affixed to each leg, game bird or migratory game bird before
removing such game mammal, game bird or migratory game bird from the
premises of the permittee, and such tags shall remain upon the leg or
legs of such mammal, game bird or migratory bird until prepared for
consumption. Class B permit holders who sell such species dressed for food
purposes shall affix such tags to one of the legs of each game mammal, except
deer, where a tag must be secured to each leg, game bird or migratory game
bird or shall secure such decals on the containers in which the carcasses
are transported before removing such species from the premises of the permittees.
Nothing in this Section shall be construed to give any such permittee
authority to take game mammals, game birds or migratory game birds in
their wild state contrary to other provisions of this Act, or to remove
such permittee from responsibility for the observance of any Federal
laws, rules or regulations which may apply to such game mammals, game
birds or migratory game birds.
When any wild birds or wild mammals raised in captivity, or parts
thereof, are transported or offered for shipment by the holder of a
permit, issued under the provisions of Sections 1.6 and 1.7 hereof, or
by a licensed breeder from outside the State, such shipment shall be
plainly tagged or with decals if in containers so as to show the
contents thereof, the name of the shipper, his place of residence, the
place from where the shipment is made, its destination, name of
consignee and the number, date and type of permit under which shipment
is offered.
Game and game bird breeders shall keep records of the acquisition, sale
or disposition of each game mammal or game bird so raised or propagated,
showing the date of such transaction, the name and address of the person
acquiring or receiving such game mammal or game bird, and shall furnish
such person with a certificate of purchase showing the number and kinds of
game mammals or game birds so disposed of, the date of transaction, the
name of the person receiving, collecting, or buying such game mammals or
game birds, and such other information as the Department may require. Such
records and certificates of purchase or disposition shall be immediately
presented to officers or authorized employees of the Department, any
Sheriff, Deputy Sheriff, or other peace officer when request is made for same.
Failure to produce such records of certificates of purchase or
disposition shall be prima facie evidence that such game mammals or game
birds are contraband within the State of Illinois. Records shall be
maintained from the date of acquisition until 2 years after the date of
disposition or sale.
Duly organized clubs and associations approved by the Department and
engaged in the raising, for release only and without profit, any of the
game mammals and game birds protected by this Act are exempt from the
provisions of this Section.
No person shall release, hold, possess, or engage in raising San Juan
(sometimes called European) rabbits or finnraccoons (sometimes called
raccoon dogs) (Nyctereutes procyonoides) in this State and no permit shall be
issued therefor.
No person shall release, or propagate for the release any Nutria
(Myocastor coypus), and monk parakeet (Myiopsitta monachus), in
this State at any time.
(Source: P.A. 95-331, eff. 8-21-07.)
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(520 ILCS 5/3.24) (from Ch. 61, par. 3.24)
Sec. 3.24.
Before any person, except permittees under Section 3.23 of
this Act, shall engage in buying, selling or processing wild game for the purpose
of buying, selling or shipping the same, including the carcasses of
fur-bearing mammals, for public consumption, he shall
first procure a license
to do so from the Department. Dealers in deer, or any parts thereof,
legally taken and possessed in and transported from, other states, shall
also be licensed under the provisions of this Section. All such deer, or
parts thereof, shall be marked with permanent irremovable tags, or
similar devices, to establish and retain their origin and identity.
The terms "buying or selling" include buying or selling by hotel
keepers, restaurant keepers and others engaged in buying or selling
prepared foods for consumption.
A permit shall be procured for each separate market or place of
business operated by any person who sells wild game for public
consumption and for each vehicle from
which game or fur-bearing mammals are sold. Such
permits shall be
conspicuously displayed at all times.
This permit shall be known as a processed wild game dealer's permit. It
shall be issued by the Department for a fee of $25.00 annually and shall
expire on March 31st of each year. The Department may prescribe
the necessary forms as may be desirable for the maintenance of records
by the licensee, to record all transactions in wild game that may be
marketed under the provisions of the laws of this State and game
imported legally from other states.
Nothing in this Section shall be construed to give the holder of a
processed wild game dealer's permit authority to take game birds, game
or fur-bearing mammals in their wild state contrary to other provisions of this Act.
The person in possession of such game birds and mammals has the burden
of proving the legality of his possession.
(Source: P.A. 84-150.)
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(520 ILCS 5/3.25) (from Ch. 61, par. 3.25)
Sec. 3.25. Any individual who, within the State of
Illinois, holds, possesses
or engages in the breeding or raising of live fur-bearing mammals, protected
by this Act, except as provided in Sections 1.6 or 1.7, shall be a fur-bearing
mammal breeder in the meaning of this Act. Before any individual shall hold,
possess or engage in the breeding or raising of live fur-bearing mammals,
he shall first procure a fur-bearing mammal breeder permit. Fur-bearing
mammal breeder permits shall be issued by the Department. The annual fee
for each fur-bearing mammal breeder permit shall be $25. All fur-bearing
mammal breeder permits shall expire on March 31 of each year.
Holders of fur-bearing mammal breeder permits may hold, possess, engage
in the breeding or raising, sell, or otherwise dispose of live fur-bearing
mammals or their green hides, possessed thereunder, at any time of the year.
Fur-bearing mammal breeders shall keep a record for 2 years from the
date of the acquisition,
sale or other disposition
of each live fur-bearing mammal or its green hide so raised or propagated,
showing the date of such transaction, the name and address of the
individual
receiving or buying such live fur-bearing mammal or its green hide, and
when requested to do so, shall furnish such individual with
a certificate of
purchase showing the number and kinds of live fur-bearing mammals or green
hides so disposed of, the date of the transaction, the name and permit number
of the breeder, and the name of the individual receiving,
collecting, or buying
such live fur-bearing mammals or green hides, and such other information
as the Department may require. Such records and certificates of purchase
shall be immediately presented to officers or authorized employees of the
Department, any sheriff, deputy sheriff, or other peace officer when request
is made for same. Failure to produce such records or certificates of purchase
shall be prima facie evidence that such live fur-bearing mammals or green
hides are contraband with the State of Illinois. The holder of a fur-bearing
mammal breeder permit may exhibit fur-bearing mammals commercially.
Nothing in this Section shall be construed to give any such permittee
authority to take fur-bearing mammals in their wild state contrary to
other provisions of this Act, or to remove such permittee from
responsibility for the observance of any Federal Laws, rules or
regulations which may apply to such fur-bearing mammals.
Holders of fur-bearing mammal breeder permits may import fur-bearing mammals
into the State of Illinois but may release the same only after health and
disease prevention requirements set forth by the Director and other State
agencies have been met and permission of the Director has been granted.
The breeding, raising and producing in captivity, and the marketing, by
the producer, of mink (Mustela vison), red fox (Vulpes vulpes) or arctic fox
(Alopex lagopus), as live animals, or as animal pelts or carcasses shall be
deemed an agricultural pursuit, and all such animals so raised in captivity
shall be deemed domestic animals, subject to all
the laws of the State with reference to possession and ownership as are
applicable at any time to domestic
animals. All individuals engaged in the foregoing
activities are fur farmers and engaged in farming for all statutory
purposes. Such individuals are exempt from the fur-bearing mammal breeder
permit requirements set forth in this Section if: (1) they are defined as
farmers for Federal income tax purposes, and (2) at least 20 percent of
their gross farm income as reported on Federal tax form Schedule F (Form
1040) for the previous year is generated from the sale of mink, red fox or
arctic fox as live animals, animal pelts or carcasses.
No fur-bearing mammal breeder permits will be issued to hold,
possess, or engage in the breeding and raising of striped skunks acquired after
July 1, 1975, or coyotes acquired after July 1, 1978, except for coyotes that are held or possessed by a person who holds a hound running area permit under Section 3.26 of this Act. No fur-bearing mammal breeder permits will be issued to hold, possess, or engage in the breeding and raising of any dangerous animal as defined in Section 48-10 of the Criminal Code of 2012 acquired after July 1, 2022 except for coyotes that are held or possessed by a person who holds a hound running area permit under Section 3.26.
(Source: P.A. 102-837, eff. 5-13-22.)
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(520 ILCS 5/3.26) Sec. 3.26. Hound running area permits; requirements. (a) Any person owning, holding, or controlling by lease, for a term of at least 5 years, any contiguous tract of land having an area prescribed by administrative rule who desires to establish a hound running area to pursue authorized species with hounds in a way that is not designed to capture or kill the authorized species, shall apply to the Department for a hound running area permit under this Section. The application shall be made under oath of the applicant or under oath of one of the applicant's principal officers if the applicant is an association, club, or corporation. The annual fee for each hound running area permit is $250. All hound running area permits expire on March 31 of each year. Every applicant under this Section must also hold a fur-bearing mammal breeder permit or a Class B commercial game breeder permit, as appropriate. Upon receipt of an application, the Department is authorized to inspect the area proposed to be a hound running area as described in the application, the general premises, the facilities where the authorized species are to be maintained or propagated, and the habitat for the authorized species. As part of the application and inspection process, the Department shall assess the ability of the applicant to operate a property as a hound running area. If the Department finds that (i) the area meets the requirements of all applicable laws and rules, (ii) the authorized species are healthy and disease free, and (iii) the issuing of the permit will otherwise be in the public interest, then the Department shall approve the application and issue the permit for the operation of the property described in the application. (b) Hound running areas shall be operated in a manner consistent with the following: (1) Authorized species may be pursued with dogs in a | ||
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(2) Every hound running area shall have dog-proof | ||
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(3) Every permit holder shall promptly post on the | ||
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(4) A permit holder may maintain authorized species | ||
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(5) Any person who releases or handles dogs on a | ||
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(6) The permit holder shall keep accurate permanent | ||
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(7) Every permit holder shall attach an individually | ||
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(8) Any person using the hound running area shall at | ||
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(c) Except as otherwise provided by administrative rule, it is unlawful for any person to enter a hound running area at any time with a firearm, bow and arrow, or trap. (d) A hound running area permit is not transferable from one person to another. When a permit holder sells or leases the property that comprises or includes a hound running area and the purchaser or lessee intends to continue to use the hound running area under this Section, the purchaser or lessee must apply for a permit as provided in subsection (a) of this Section. (e) All authorized species must be legally acquired. (f) A person breeding or otherwise maintaining authorized species in conjunction with a hound running area must have the authorized species annually inspected and certified by a licensed Illinois veterinarian to be disease free. Anyone violating this subsection (f) is guilty of a business offense and shall be fined an amount not exceeding $5,000. (g) The provisions of this Section are subject to modification by administrative rule.
(Source: P.A. 95-196, eff. 1-1-08.) |
(520 ILCS 5/3.27) (from Ch. 61, par. 3.27)
Sec. 3.27.
Any person owning, holding or controlling, by lease, which
possession must be for a term of 5 or more years, any contiguous tract
of land having an area of not less than 200 acres, and not more
than 1280 acres, with at least 100 acres of suitable wildlife habitat,
who desires to establish a game breeding and hunting
preserve area, to propagate, preserve and hunt game birds shall make
application to the Department for a license as herein provided. Such
application shall be made under oath of the applicant or under oath of
one of its principal officers if the applicant is an association, club
or corporation. In the case of releasing and harvesting hand reared
mallards, the tract of land, with the approval of the Department, may be
smaller than that required in this Section but in all other respects the
applicant shall conform to the provisions of this Act. The application
shall be accompanied by a license fee of not to exceed $100 for a Class A
license or a license fee not to exceed $200 for a Class B license.
Every licensee under this Section shall release not less than 250
Bobwhite quail or pheasants each season.
Upon receipt of such application, the Department shall inspect the
proposed licensed area described in such application and the premises
and facilities where game birds are to be propagated and the cover for
game birds and the ability of the applicant to operate a property of
this character. If the Department finds that the area meets the
requirements of all applicable laws and administrative rules and that
the game birds are reasonably healthy and disease free; and that the
issuing of the license will otherwise be in the public interest; the
Department shall approve the application and issue the license for the
operation of the property described in the application with the rights
and subject to the limitations in this Act prescribed.
All game breeding and hunting preserve area licenses expire on April
30 of each year.
Upon receipt of such license, the licensee shall promptly post such
licensed areas at intervals of not more than 500 feet with signs to be
prescribed by the Department. The boundaries of such licensed game
breeding and hunting preserve areas shall also be clearly defined by
natural or artificial boundaries and by signs.
(Source: P.A. 93-554, eff. 8-20-03.)
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(520 ILCS 5/3.28) (from Ch. 61, par. 3.28)
Sec. 3.28.
The licensee of any licensed game breeding and hunting preserve area
may take, or authorize to be taken, on licensed areas and within the season
fixed and designated, and in such numbers as herein provided, the
following: (a) 100% of each of the following species of game
birds released within the said season: hand reared pheasants,
Bobwhite quail, Hungarian
partridges, Chukar partridges, Coturnix
and wild turkeys; and (b) hand reared mallard
ducks may be released
at any time of the year for shooting purposes and 100% of those released
may be harvested by shooting.
All the foregoing birds so released,
except Coturnix, shall be at least 16 weeks of age before releasing the
same and shall possess full plumage.
(Source: P.A. 84-150.)
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(520 ILCS 5/3.29) (from Ch. 61, par. 3.29)
Sec. 3.29.
For the purpose of this Act, game birds shall be released
upon licensed game breeding and hunting preserve areas in
a manner satisfactory to the
Department. The licensee shall keep a register on forms prescribed by the
Department which shall clearly show the
number and kind of game birds released each year, the
month of release, and also the number and kind of game birds
taken, the month when taken and the disposition made of such game
birds, and shall submit such reports under oath as to game birds released and taken, to the
Department not later than 10 days following the end of each month during the
season. The Department shall keep an adequate record of the number of birds
released on each licensed game breeding and hunting
preserve area in each year and of the birds taken.
The Department shall prepare special tags suitable for use upon legs of
game birds, including hand reared mallard ducks, which tags shall be of a
type not removable without breaking and mutilating the tag, such tags to be
used to designate birds taken upon a licensed game breeding and hunting
preserve area, and such tag shall remain upon the leg of such game bird
until such bird is finally prepared for consumption. Those licensed areas
which dress game birds may affix the tag to the bag in which the dressed
game birds are contained. Upon application and
payment of a fee of 10 cents for each such tag, the Department shall
furnish licensees with such tags. All game birds harvested on licensed areas
are to be
properly banded on the same day they are taken.
(Source: P.A. 93-554, eff. 8-20-03.)
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(520 ILCS 5/3.30) (from Ch. 61, par. 3.30)
Sec. 3.30.
Game birds may be taken upon a Class A game breeding and
hunting preserve area only during the period from September 1st to April
15th of each year, both dates inclusive. Game birds may
be taken upon a Class B game breeding and hunting preserve area all year.
Before any person shall take or attempt to take game birds upon such
licensed game breeding and hunting preserve areas, he shall first
secure a hunting license in accordance with this Act.
(Source: P.A. 93-554, eff. 8-20-03.)
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(520 ILCS 5/3.31) (from Ch. 61, par. 3.31)
Sec. 3.31.
The Department may designate any operator of a licensed game breeding
and hunting preserve area or any of his or its agents or employees as a
special representative of the Department with power to enforce the game
laws and to prevent trespassing upon such property; provided that
not more than two special representatives may be appointed for each such
preserve. Such special representative shall be subject to rules and
regulations to be prescribed by the Department and shall serve without
compensation from the Department.
(Source: P.A. 99-642, eff. 7-28-16.)
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(520 ILCS 5/3.33) (from Ch. 61, par. 3.33)
Sec. 3.33. The Department may either refuse to issue or refuse to renew or may
suspend or may revoke any game breeding and hunting preserve area license
or hound running area permit if the Department finds that such licensed area or the operator thereof is
not complying or does not comply with the provisions of Section 3.35 of
this Act, or that such property, or area is operated in violation of other
provisions of this Act, or in an unlawful or illegal manner; however, the
Department shall not refuse to issue, refuse to renew nor suspend or revoke
any license for any of these causes, unless the licensee affected has been
given at least 15 days notice, in writing, of the reasons for the action of
the Department and an opportunity to appear before the Department or a
representative thereof in opposition to the action of the Department. Upon
the hearing of any such proceeding, the person designated by the Department
to conduct the hearing may administer oaths and the Department may procure,
by its subpoena, the attendance of witnesses and the production of relevant
books and papers. The Circuit Court upon application either of the licensee
affected, or of the Department, may, on order duly entered, require the
attendance of witnesses and the production of relevant books and papers
before the Department or its representative in any such hearing. Upon
refusal or neglect to obey its order, the Court may compel obedience by
proceedings for contempt of court.
(Source: P.A. 95-196, eff. 1-1-08.)
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(520 ILCS 5/3.34)
Sec. 3.34. (Repealed).
(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 97-431, eff. 8-16-11.)
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(520 ILCS 5/3.35) (from Ch. 61, par. 3.35)
Sec. 3.35. Any licensee, or any other person, who willfully and intentionally
transfers or permits the transfer of the tags issued to the operator of one
licensed game breeding and hunting preserve area to the operator of
another licensed game breeding and hunting preserve area, or to any other
person, or who affixes such tags to game birds not taken from a licensed
game breeding and hunting preserve area or to game birds taken from any
area other than the area for which such tags were issued, is guilty of a
Class B misdemeanor.
Any hound running area permit holder, or any other person, who intentionally transfers an identifier issued to the permit holder for a hound running area to another permit holder for a hound running area, or to any other person, or who affixes such an identifier to any of the authorized species under Section 3.26 that was not maintained at a hound running area, is guilty of a Class B misdemeanor.
(Source: P.A. 95-196, eff. 1-1-08.)
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(520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
Sec. 3.36. Revocation and suspension.
(a) Whenever a license or permit is issued to any person
under this Act, and the holder thereof is found guilty of any
misrepresentation in obtaining such license or permit or of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of
any of the provisions of this Act, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, his
license or permit may be revoked by the Department, and the Department may
refuse to issue any permit or license to such person and may suspend the
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years following such revocation.
Department revocation procedures shall be established by Administrative
rule.
(b) Whenever any person who has not been issued a license or a permit
under the provisions of this Code is found guilty of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of the
provisions of this Code, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may
refuse to issue any permit or license to that person, and suspend that
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years.
(c) Any person who knowingly or intentionally violates any of the
provisions of this Act, including administrative rules, during such period
when his license or permit is revoked or denied by virtue of this Section
or during the time he is suspended under subsection (b), shall be guilty of
a Class A misdemeanor. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section.
(d) Licenses and permits authorized to be issued under the provisions of
this Act shall be prepared by the Department and be in such form as
prescribed by the Department. The information required on each license
shall be completed thereon by the issuing agent or his sub-agent at the
time of issuance and each license shall be signed by the licensee, or
initialed by the designated purchaser and then signed immediately upon receipt
by the licensee, and
countersigned by the issuing agent or his sub-agent at the time of
issuance. All such licenses shall be supplied by the Department, subject to
such rules and regulations as the Department may prescribe. Any license not
properly prepared, obtained and signed as required by this Act shall be
void.
(e) A person whose license or permit to engage in any activity regulated
by
this
Code has been suspended or revoked may not, during the period of the suspension
or
revocation or until obtaining such a license or permit, (i) be in the company
of any person
engaging in the activity covered by the suspension or revocation or (ii) serve
as a guide,
outfitter, or facilitator for a person who is engaged or prepared to engage in
the activity
covered by the suspension or revocation.
(f) No person may be issued or obtain a license or permit or engage in any
activity
regulated by this Code during the time that the person's privilege to engage in
the same
or similar activities is suspended or revoked by another state, by a federal
agency, or by a
province of Canada.
(g) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. (Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.)
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(520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
Sec. 3.37.
The Department of Natural Resources has the
authority to designate agents to sell licenses, stamps and permits on behalf of
the Department. Any person receiving licenses from the Department for sale as
provided for in this Section, shall execute and deliver receipts therefor; and
shall on dates specified by the Department report in
writing to the Department the number and kind of licenses sold, and
shall, with such reports, make remittances to the Department covering
the amounts received from such sales. Failure on the part of any clerk
or agent to fully comply with this Act, including administrative rules,
shall be justification for the Department to cancel or withdraw the
issuance of licenses through such clerks or agents. A Federal Migratory
Bird Hunting and Conservation Stamp shall be deemed a license for the
purpose of this Section. Any person authorized by the Department including any
county, city, village, township, or incorporated town clerk issuing licenses,
permits or stamps provided for in this Act, may add the following as the fees
for issuing such licenses: 75 cents in the case of Sportsmen's Combination
Licenses or nonresident hunting licenses, and 50 cents in the case of all
other licenses, permits and stamps. However, such clerks shall remit to the
treasurer of the political subdivision of which he is an officer or employee,
the added fees or any portion thereof he or she collects provided in this
Section. Issuing fees may be divided between such clerks and their appointed
subagents other than employees of the clerk's office, but in no case may any
clerk or subagent charge an issuing fee or fees totaling more than the issuing
fee set out in this Section. No person, or subagent of any county, city,
village, township or incorporated town clerk may charge a service fee for
issuing licenses provided for in this Act, and the charging of fees for issuing
such licenses in excess of the fees authorized is a petty offense. All
fees, less issuing fees, collected from the sale of licenses and permits
and not remitted to
the Department as provided in this Section, shall be deemed to have been
embezzled and the person or officer responsible for such remittance is
subject to prosecution.
Any person authorized to issue licenses by telephone and electronic
transmission or incurring costs for customer convenience may charge in addition
to the "issuing fee" authorized by this Section a fee not to exceed an amount
set by the Department, by administrative rule, to cover the transaction cost.
(Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97; 90-743, eff.
1-1-99.)
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(520 ILCS 5/3.38) (from Ch. 61, par. 3.38)
Sec. 3.38.
Within 30 days after the expiration of the time in which any class of
license is usable, payment for licenses sold shall be made in full to the
Department and the respective persons possessed of blank forms thereof
shall return same to the Department prepaid.
No person is permitted to make deductions from remittances sent to
the Department for postage, or for the cost of, or fees for, drafts or
money orders.
Any county, city, village, township or incorporated town clerk
handling or selling licenses as aforesaid is liable to the State
personally. All other persons designated or appointed by the Department
to handle or sell licenses as aforesaid shall before receiving such
licenses for sale file with the Department a bond in an amount specified
by the Department on a form to be approved by and with a surety or
sureties satisfactory to the Department conditioned upon such person or
persons paying to the State of Illinois all monies becoming due by
reason of the sale of the licenses.
No person handling or selling licenses is required to remit for any
license heretofore or hereafter stolen, by means of forcible entry, or
destroyed by a fire in the premises where such licenses are kept, if he
submits an affidavit to the Department describing the circumstances
pertaining to such theft or causing such destruction and listing therein
the type and numbers of the licenses so stolen or destroyed.
(Source: P.A. 81-382.)
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(520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
Sec. 3.39.
Residents of the State of Illinois may obtain a Sportsmen's
Combination License which shall entitle the holder to the same
non-commercial fishing privileges as residents holding a fishing license
described in subparagraph (a) of Section 20-45 of the Fish and Aquatic Life
Code, and to the same hunting privileges as residents holding a license to
hunt all species, as described in Section 3.1 of this Act. However, no
Sportsmen's Combination License shall be issued to any person who would be
ineligible for either the fishing or hunting license separately. The
Sportsmen's Combination License fee shall be $25.50.
For residents age 65 or older, the fee is one-half of the fee charged for a
Sportsmen's Combination License.
(Source: P.A. 96-831, eff. 1-1-10.)
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(520 ILCS 5/3.40) (from Ch. 61, par. 3.40)
Sec. 3.40.
Accidents; Reports - Transmittal of information.
Accidents
involving serious personal injury resulting from any action of a person who
is directly involved in a hunting activity with a firearm or bow and arrow
device or directly engaged in a trapping activity under the jurisdiction of
this Act shall be subject to the following:
(a) Any person involved in an accident, as stated above, so far as he
can do so without serious danger to himself and others, if any, shall
render to other persons affected by the accident such assistance as may be
practicable and as may be necessary in order to save them from or minimize
any danger caused by the accident, and also shall give his name and address
to any person injured and to the owner of any property upon which the accident occurred.
(b) In the case of an accident, each person involved, if the accident
results in death or injury to a person, shall file with the Department
a full description of the accident, including such information as the
Department may, by regulation, require. Reports of such accidents must be
filed with the Department on a Department Accident Report form within 5 days.
(c) All required accident reports and supplemental reports are without
prejudice to the individual so reporting, and are for the confidential use
of the Department, except that the Department may disclose the identity of
a person involved in an accident when such identity is not otherwise known
or when such person denies his presence at such accident. No such report
may be used as evidence in any trial, civil or criminal, arising out of an
accident, except that the Department must furnish upon demand of any person
who claims to have made such a report, or upon demand of any court, a
certificate showing that a specified accident report has or has not been
made to the Department, solely to prove a compliance or a failure to comply
with the requirements that such a report be made to the Department.
(Source: P.A. 84-150.)
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(520 ILCS 5/4.1) (from Ch. 61, par. 4.1)
Sec. 4.1.
Whenever the word "transport" or "ship" is used in this Act, it shall
include parcel post, United States Postal Service, express, freight,
baggage or shipment by common carrier of any description; or by
automobile, motorcycle or other vehicle of any kind; or by water or
aircraft of any kind, or by any other means whatsoever.
Except as provided in Sections 2.18, 3.16, 3.23 and 3.25, it shall be
lawful to ship or transport within the State any of the wild birds or
wild mammals protected herein only if there is attached to every box,
package, crate, or other receptacle containing wild birds or wild
mammals shipped, or offered for shipment, a tag showing the different
varieties of wild birds or wild mammals contained therein, the number of
each variety, the name and address of the consignor, and of the
consignee, and the number of the consignor's license.
It shall be unlawful for any person to carry with him or transport as
baggage on any train or conveyance for which he or she has purchased a
transportation ticket, more than one package at any one time
containing more than the possession limit of wild birds or wild
mammals as provided in this Act. When the package containing the lawful
amount is offered as
baggage, the same shall be plainly labeled to show the name of the
person transporting the same and the place to which it is being
transported.
(Source: P.A. 81-382.)
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(520 ILCS 5/4.2) (from Ch. 61, par. 4.2)
Sec. 4.2.
It shall be unlawful for a non-resident of the State to transport from
the State any wild mammals and wild birds protected by the provisions
hereof except when they are carried, opened to inspection, in the personal
possession of the owner thereof, who has in his or her possession at the
time of so doing a non-resident hunting license, tag or permit.
Migratory game birds may be transported or shipped according to
Federal regulations.
(Source: P.A. 85-152.)
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(520 ILCS 5/4.3) (from Ch. 61, par. 4.3)
Sec. 4.3.
It shall be unlawful for transportation companies or common carriers
knowingly to transport into this State from without the State, any wild
bird or wild mammal protected under the provisions hereof, illegally taken
and shipped contrary to any laws, rules or regulations of the State of
origin. Migratory game birds may be transported or shipped according to
Federal regulations.
(Source: P.A. 77-1781.)
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(520 ILCS 5/4.4) (from Ch. 61, par. 4.4)
Sec. 4.4.
Should any court hold any section, subdivision, clause, phrase, or
provision of this Act to be unconstitutional or invalid for any reason
whatsoever such holdings shall not affect the validity of the remaining
portions of this Act.
(Source: P.A. 78-255.)
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