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90_HB1050enr
20 ILCS 5/6.08 from Ch. 127, par. 6.08
515 ILCS 5/15-130 from Ch. 56, par. 15-130
520 ILCS 5/1.3
Amends the Civil Administrative Code, the Fish and
Aquatic Life Code, and the Wildlife Code. With respect to
the functions of the Department of Natural Resources Advisory
Board, deletes requirement that the Board act in cooperation
with the Illinois Natural History Survey in making
recommendations to the Department. Authorizes the use of
gill or trammel nets in the Ohio River. Deletes references
to maintaining the biological balance of species. Makes
other changes.
LRB9004123DJcd
HB1050 Enrolled LRB9004123DJcd
1 AN ACT concerning wildlife, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 6.08 as follows:
6 (20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
7 Sec. 6.08. In the Department of Natural Resources. An
8 Advisory Board to the Department of Natural Resources,
9 composed of 11 persons, one of whom shall be a senior citizen
10 age 60 or over.
11 In the appointment of the initial members the Governor
12 shall designate 3 persons to serve for 2 years, 3 for 4 years
13 and 3 for 6 years from the third Monday in January of the
14 odd-numbered year in which the term commences. The members
15 first appointed under this amendatory Act of 1984 shall serve
16 a term of 6 years commencing on the third Monday in January,
17 1985.
18 The Advisory Board shall formulate long range policies
19 for guidance of the Department in: the protection and
20 conservation of renewable resources of the State of Illinois;
21 the development of areas and facilities for outdoor
22 recreation; the prevention of timber destruction and other
23 forest growth by fire, or otherwise; the reforestation of
24 suitable lands of this State; the extension of cooperative
25 support to other agencies of this State in the prevention and
26 guarding against the pollution of streams and lakes within
27 the State; the management of the wildlife resources,
28 including migratory fowl, and fisheries resources, including
29 the construction of new water impoundment areas; the
30 development of an adequate research program for fish, game
31 and forestry through cooperation with and support of the
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1 Illinois Natural History Survey; and the expressing of
2 policies for proper dissemination of and enforcement of the
3 various laws pertinent to the conservation program of
4 Illinois and the nation.
5 The Board shall make a study of the personnel structure
6 of the Department and shall, from time to time, make
7 recommendations to the Governor and the Director of Natural
8 Resources for a merit system of employment and for the
9 revision of the position classification to the extent which
10 Civil Service classification should apply in departmental
11 positions.
12 The Board shall make studies of the land acquisition
13 needs of the Department and recommendations from time to time
14 as to necessary acquisition of lands for fisheries, game,
15 forestry and recreational development.
16 The Board may shall in cooperation with the Illinois
17 Natural History Survey recommend to the Director of Natural
18 Resources any reductions or increases of seasons, and bag or
19 possession limits, or the closure of any season when research
20 and inventory data indicate the need for such changes to
21 maintain the relative biological balance of any species.
22 Such Board members shall be reimbursed for any necessary
23 travel expenses incurred in the performance of their duties.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 Section 10. The Fish and Aquatic Life Code is amended
26 by changing Section 15-130 as follows:
27 (515 ILCS 5/15-130) (from Ch. 56, par. 15-130)
28 Sec. 15-130. Gill or trammel net. It shall be unlawful
29 to use a gill or trammel net except in the Mississippi River,
30 in the Ohio River, and in the Illinois River from its mouth
31 up to the Illinois River bridge, Highway Route 89, including
32 adjacent backwaters but not above the mouth of any stream,
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1 ditch, or tributary connected to these backwaters. No trammel
2 net used under this Section shall have meshes less than 2
3 inches bar measurement and no gill net used under this
4 Section shall have meshes less than 4 inches bar measurement.
5 No gill or trammel net shall be less than 100 feet in length.
6 All gill or trammel nets that are set in any body of
7 water shall be under the immediate supervision of the
8 operator, who may be the licensee or his or her employee,
9 except (i) from May 1 to September 30, (ii) when the nets are
10 set under the ice, or (iii) from sunset to sunrise. Immediate
11 supervision shall be defined as the operator being on the
12 waters where the nets are set to be readily available to
13 identify the nets to law enforcement officers empowered to
14 enforce this Code. It shall be unlawful for any employee on
15 any one day to lift or attend nets of more than one licensee.
16 All gill or trammel nets set under the ice shall be at a
17 distance of not less than 100 yards from any natural opening
18 in the ice.
19 The Department may modify provisions of this Section as
20 provided in Section 1-135.
21 (Source: P.A. 87-833.)
22 Section 15. The Wildlife Code is amended by changing
23 Sections 1.3, 3.7, and 3.8 as follows:
24 (520 ILCS 5/1.3)
25 Sec. 1.3. The Department shall have the authority to
26 manage wildlife and regulate the taking of wildlife for the
27 purposes of providing public recreation and controlling
28 wildlife populations. The seasons during which wildlife may
29 be taken, the methods for taking wildlife, and the daily bag
30 limits, and the possession limits shall be established by the
31 Department through administrative rule, but the Department
32 may not provide for a longer season, a larger daily bag
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1 limit, or a larger possession limit than is provided in this
2 Code. set out in this Act are based upon a proper biological
3 balance being maintained for each species in each zone and
4 shall remain in effect as long as the population of each
5 species is adequate to maintain the biological balance of
6 each species.
7 For the purpose of the Section, a biological balance
8 exists for any species of wildlife when all losses to the
9 population of such species, are replaced by natural
10 reproduction or by artificial replacement, replenishment or
11 stocking.
12 If the Department, on its own initiative, or upon
13 recommendation of the Conservation Advisory Board, after
14 investigation, finds that the number of each sex of any
15 species is not adequate to maintain the biological balance of
16 such species it shall, with the approval of the Conservation
17 Advisory Board, by administrative rule, shorten or close the
18 season during which such species may be taken or decrease the
19 daily bag limit or the possession limit for such species.
20 The season limit, daily bag limit or possession limit
21 established by administrative rule may be changed by a
22 subsequent administrative rule so that a biological balance
23 for each species is maintained, but the Department may not
24 provide for a longer season, a larger daily bag limit or a
25 larger possession limit than is provided in this Act.
26 The Natural Resources Advisory Board may also recommend
27 to the Director of Natural Resources any reductions or
28 increases of seasons and bag or possession limits or the
29 closure of any season when research and inventory data
30 indicate the need for such changes.
31 The Department is authorized to establish seasons for the
32 taking of migratory birds within the dates established
33 annually by Proclamation of the Secretary, United States
34 Department of the Interior, known as the "Rules and
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1 Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.).
2 When the biological balance of any species is affected, the
3 Director may with the approval of the Conservation Advisory
4 Board, by administrative rule, lengthen, shorten or close the
5 season during which waterfowl may be taken within the federal
6 limitations prescribed. If the Department does not adopt an
7 administrative rule establishing a season, then the season
8 shall be as set forth in the current "Rules and Regulations
9 for Migratory Bird Hunting". The Department shall advise the
10 public by reasonable means of the dates of the various
11 seasons.
12 The Department may utilize the services of the staff of
13 the Illinois State Natural History Survey Division in the
14 Department of Natural Resources for making investigations as
15 to the population status of the various species of wildlife.
16 Employees or agents of any state, federal, or municipal
17 government or body when engaged in investigational work and
18 law enforcement, may with prior approval of the Director, be
19 exempted from the provisions of this Act.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (520 ILCS 5/3.7) (from Ch. 61, par. 3.7)
22 Sec. 3.7. (a) Any person controlling land or water, or
23 both, for commercial purposes in whole or in part for the
24 taking of wild ducks or wild geese or for having the
25 privilege of taking wild ducks or wild geese thereon shall
26 make application for a Migratory Waterfowl Hunting Area
27 Permit (Commercial) and pay a basic annual permit fee of
28 $15.00 for each blind or pit on that land or water. Migratory
29 Waterfowl Hunting Area Permits shall be issued by the
30 Department on the basis of principal use. Permit holders are
31 entitled to harvest either wild ducks or wild geese. The
32 permits described in this Paragraph shall expire each year on
33 the day after the last day of the season during which it is
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1 lawful to take migratory waterfowl.
2 (b) The following duties are imposed upon the holder of
3 a permit described in Paragraph (a) but only during duck and
4 Canada goose seasons:
5 (1) He shall require all hunters, including the
6 officers and employees of any licensed clubs, to register
7 daily, on the daily register forms provided by the
8 Department, prior to their hunting on the area covered by
9 his permit. The registration shall include each
10 registering hunter's name and mailing address.
11 (2) He shall require each hunter, at the completion
12 of each hunting day, to report the number and species of
13 migratory waterfowl the hunter has taken.
14 (3) He shall exhibit the daily registers described
15 in Sub-Section (1) and make them open to inspection by
16 authorized employees of the Department, any sheriff or
17 deputy sheriff, or any other peace officer of the State;
18 (4) He shall ensure the observance of the
19 provisions of this Act in the taking and possession of
20 migratory waterfowl by himself, his guests or employees
21 on the area covered by his permit;
22 (5) He shall forward at the end of each season for
23 the taking of migratory waterfowl, or at more frequent
24 times as may be requested by the Department, a report
25 upon blanks furnished by the Department, which report
26 shall set forth the number of each kind of bird taken
27 upon the area covered by his permit.
28 (c) An area's principal use shall be determined by the
29 composition of its harvest.
30 (Source: P.A. 87-174.)
31 (520 ILCS 5/3.8) (from Ch. 61, par. 3.8)
32 Sec. 3.8. Migratory waterfowl areas; geese.
33 (a) On any property operated under a Migratory Waterfowl
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1 Hunting Area Permit (Commercial) where the principal use is
2 to take wild geese, it is the permit holder's duty to ensure
3 all of the following but only during Canada goose season:
4 (1) That no person takes wild geese except from a
5 blind or pit.
6 (2) That no person establishes or uses any blind or
7 pit for the taking of wild geese within 200 yards of any
8 other blind or pit or within 100 yards of the boundary of
9 the property on which the blind or pit is located.
10 (3) That no person establishes or uses any blind or
11 pit for the taking of wild geese within 200 yards of any
12 wildlife refuge boundary or public road right-of-way
13 adjacent to any State or Federal waterfowl refuge.
14 (b) On any property where the principal use is to take
15 wild geese in Alexander, Franklin, Jackson, Jefferson, Union
16 and Williamson Counties, other than property operated under a
17 Migratory Waterfowl Hunting Area Permit (Commercial), all of
18 the following restrictions shall be observed but only during
19 Canada goose season:
20 (1) No person may take wild geese except from a
21 blind or pit and it shall be illegal to take or attempt
22 to take geese from the base of standing timber except
23 when immediately adjacent to an open field.
24 (2) No person may establish or use a blind or pit
25 within 100 yards of the boundary of the property on which
26 the blind or pit is located unless the minimum yardage
27 requirement cannot be met, in which case one pit or blind
28 may be permitted only if there is a minimum of 200 yards
29 between that pit or blind and the nearest pit or blind.
30 (3) No person may establish or use a blind or pit
31 for the taking of wild geese within 200 yards of any
32 wildlife refuge boundary or public road right-of-way
33 adjacent to any State or Federal waterfowl refuge.
34 (4) No more than the number of persons allowed by
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1 administrative rule may occupy or attempt to take wild
2 geese from any blind or pit at the same time.
3 (Source: P.A. 87-174; 88-468.)