[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2646
520 ILCS 5/2.25 from Ch. 61, par. 2.25
520 ILCS 5/2.27 from Ch. 61, par. 2.27
520 ILCS 5/2.28 from Ch. 61, par. 2.28
520 ILCS 5/2.30 from Ch. 61, par. 2.30
520 ILCS 5/2.37 from Ch. 61, par. 2.37
Amends the Wildlife Code. Provides that the following
provisions do not apply to the control of wildlife damage to
horticultural crops, agricultural crops, or livestock
production by owners of land or their tenants: provisions
concerning open season for deer, provisions concerning
taking of rabbits, squirrels, and fur-bearing animals, and
provisions concerning authority to kill wild game
responsible for property loss. Effective immediately.
LRB9008726DJpc
LRB9008726DJpc
1 AN ACT to amend the Wildlife Code by changing Sections
2 5.25, 5.27, 5.28, 5.30, and 5.37.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Sections 5.25, 5.27, 5.28, 5.30, and 5.37 as follows:
7 (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
8 Sec. 2.25. It shall be unlawful for any person to take
9 deer except (i) with a shotgun or muzzleloading rifle or (ii)
10 as provided by administrative rule, with a bow and arrow, or
11 crossbow device for handicapped persons as defined in Section
12 2.33, during the open season of not more than 14 days which
13 will be set annually by the Director between the dates of
14 November 1st and December 31st, both inclusive.
15 It shall be unlawful for any person to take deer except
16 with a bow and arrow, or crossbow device for handicapped
17 persons (as defined in Section 2.33), during the open season
18 for bow and arrow set annually by the Director between the
19 dates of September 1st and January 31st, both inclusive.
20 It shall be unlawful for any person to take deer except
21 with (i) a muzzleloading rifle, or (ii) bow and arrow, or
22 crossbow device for handicapped persons as defined in Section
23 2.33, during the open season for muzzleloading rifles set
24 annually by the Director.
25 The Director shall cause an administrative rule setting
26 forth the prescribed rules and regulations, including bag and
27 possession limits and those counties of the State where open
28 seasons are established, to be published in accordance with
29 Sections 1.3 and 1.13 of this Act.
30 The Department is authorized to establish a separate
31 harvest period at specific sites within the State for the
-2- LRB9008726DJpc
1 purpose of harvesting surplus deer that cannot be taken
2 during the regular season provided for the taking of deer.
3 This season shall be restricted to gun or bow and arrow
4 hunting only and shall be established during the period of
5 September 1st to February 15th, both inclusive. The
6 Department shall publish suitable prescribed rules and
7 regulations established by administrative rule pertaining to
8 management restrictions applicable to this special harvest
9 program.
10 The provisions of this Section do not apply to the
11 control of wildlife damage to horticultural crops,
12 agricultural crops, or livestock production by owners of
13 land or their tenants.
14 (Source: P.A. 86-1188; 87-126; 87-234; 87-895; 87-1015;
15 87-1243; 87-1268.)
16 (520 ILCS 5/2.27) (from Ch. 61, par. 2.27)
17 Sec. 2.27. It shall be unlawful for any person to take
18 cottontail, jack and swamp rabbits except with a gun or bow
19 and arrow during the open season which will be set annually
20 by the Director between the dates of October 1st to January
21 31st, both inclusive. Dogs may be used in hunting with
22 either gun or bow and arrow.
23 It shall be unlawful to take or possess more than the
24 daily take limit and possession limit of rabbits that will be
25 set annually by the Director. Limits cannot exceed a daily
26 take limit of 5 rabbits or a possession limit of 10 rabbits.
27 The provisions of this Section do not apply to the
28 control of wildlife damage to horticultural crops,
29 agricultural crops, or livestock production by owners of
30 land or their tenants.
31 The provisions of this Section are subject to
32 modification by administrative rule.
33 (Source: P.A. 85-152.)
-3- LRB9008726DJpc
1 (520 ILCS 5/2.28) (from Ch. 61, par. 2.28)
2 Sec. 2.28. It shall be unlawful for any person to take
3 fox squirrels and gray squirrels except with a gun or bow and
4 arrow during the open season which will be set annually by
5 the Director between the dates of May 1st to February 28.
6 Dogs may be used in hunting with gun or bow and arrow. It is
7 unlawful for any person to take white squirrels or red
8 squirrels (Tamiasciurus hudsonicus) in this State at any
9 time.
10 It shall be unlawful to take or possess more than the
11 daily take limit and possession limit of squirrels that will
12 be set annually by the Director. Limits cannot exceed a
13 daily take limit of 5 squirrels or a possession limit of 10
14 squirrels.
15 For the purpose of taking squirrels, the State may be
16 divided into management zones by administrative rule.
17 The provisions of this Section do not apply to the
18 control of wildlife damage to horticultural crops,
19 agricultural crops, or livestock production by owners of
20 land or their tenants.
21 The provisions of this Section are subject to
22 modification provided by administrative rule.
23 (Source: P.A. 89-341, eff. 8-17-95.)
24 (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
25 Sec. 2.30. It shall be unlawful for any person to trap
26 or to hunt with gun, dog, dog and gun, or bow and arrow, gray
27 fox, red fox, raccoon, weasel, mink, muskrat, badger, and
28 opossum except during the open season which will be set
29 annually by the Director between 12:01 a.m., November 1 to
30 12:00 midnight, February 15, both inclusive.
31 It is unlawful for any person to take bobcat or river
32 otter in this State at any time.
33 It is unlawful to pursue any fur-bearing mammal with a
-4- LRB9008726DJpc
1 dog or dogs between the hours of sunset and sunrise during
2 the 10 day period preceding the opening date of the raccoon
3 hunting season and the 10 day period following the closing
4 date of the raccoon hunting season except that the Department
5 may issue field trial permits in accordance with Section 2.34
6 of this Act. A non-resident from a state with more
7 restrictive fur-bearer pursuit regulations for any particular
8 species than provided for that species in this Act may not
9 pursue that species in Illinois except during the period of
10 time that Illinois residents are allowed to pursue that
11 species in the non-resident's state of residence. Fenced fox
12 hound training enclosures approved by the Department shall be
13 exempt from the provisions of this Section.
14 It shall be unlawful to take beaver, weasel, mink or
15 muskrat except during the open season set annually by the
16 Director, and then, only with traps.
17 It shall be unlawful for any person to trap beaver with
18 traps except during the open season which will be set
19 annually by the Director between 12:01 a.m., November 1st and
20 12:00 midnight, March 31.
21 Coyote may be taken by trapping methods only during the
22 period from September 1 to March 1, both inclusive, and by
23 hunting methods at any time.
24 Striped skunk may be taken by trapping methods only
25 during the period from September 1 to March 1, both
26 inclusive, and by hunting methods at any time.
27 For the purpose of taking fur-bearing mammals, the State
28 may be divided into management zones by administrative rule.
29 The provisions of this Section do not apply to the
30 control of wildlife damage to horticultural crops,
31 agricultural crops, or livestock production by owners of
32 land or their tenants.
33 The provisions of this Section are subject to
34 modification by administrative rule.
-5- LRB9008726DJpc
1 (Source: P.A. 89-341, eff. 8-17-95.)
2 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
3 Sec. 2.37. Upon written permission from the Department,
4 owners and tenants of lands may remove or destroy any wild
5 bird or wild mammal, other than a game bird or migratory game
6 bird, when such wild bird or wild mammal is known to be
7 destroying property upon his or her land.
8 Upon receipt by the Department of information from the
9 owner, tenant or sharecropper that any one or more species of
10 wildlife, other than a game bird or migratory bird, is
11 damaging dams, levees, ditches or other property on the land
12 on which he resides or controls, together with a statement
13 regarding location of the property damages, the nature and
14 extent of the damage and the particular species of wildlife
15 committing the damage, the Department shall make an
16 investigation.
17 If, after investigation, the Department finds such damage
18 to exist and can be abated only by removing or destroying
19 such wildlife, a permit shall be issued by the Department to
20 remove or destroy the species responsible causing such
21 damage.
22 A permit to control such damage shall be for a period of
23 up to 90 days, shall specify the means and methods by which
24 and the person or persons by whom the wildlife may be removed
25 or destroyed and shall set forth the disposition procedure to
26 be made of all wildlife taken, and such other restrictions as
27 the Director deems necessary and appropriate in the
28 circumstances of the particular case. Whenever possible, the
29 specimens destroyed shall be given to a bona-fide public or
30 state scientific, educational or zoological institution.
31 The permittee shall advise the Department in writing,
32 within ten days after the expiration date of the permit, of
33 the number of individual species of wildlife taken,
-6- LRB9008726DJpc
1 disposition made of same, and any other information which the
2 Department may consider necessary.
3 In addition the Department may grant to an individual,
4 corporation, association or a governmental body the authority
5 to control wildlife. The Department shall set forth
6 applicable regulations in an Administrative Order and may
7 require periodic reports listing species taken, numbers of
8 each species taken, dates when taken, and other pertinent
9 information.
10 Drainage Districts shall have the authority to control
11 beaver provided that they must notify the Department in
12 writing that a problem exists and of their intention to trap
13 the animals at least 7 days before the trapping begins. The
14 District must identify traps used in beaver control outside
15 the dates of the furbearer trapping season with metal tags
16 with the district's name legibly inscribed upon them. During
17 the furtrapping season, traps must be identified as
18 prescribed by law. Conibear traps at least size 330 shall be
19 used except during the statewide furbearer trapping season.
20 During that time trappers may use any device that is legal
21 according to the Wildlife Code. Except during the statewide
22 furbearer trapping season, beaver traps must be set in water
23 at least 10 inches deep. Except during the statewide
24 furbearer trapping season, traps must be set within 10 feet
25 of an inhabited bank burrow or house and within 10 feet of a
26 dam maintained by a beaver. No beaver or other furbearer
27 taken outside of the dates for the furbearer trapping season
28 may be sold. All animals must be given to the nearest
29 conservation officer or other Department of Natural Resources
30 representative within 48 hours after they are caught.
31 Furbearers taken during the fur trapping season may be sold
32 provided that they are taken by persons who have valid
33 trapping licenses in their possession and are lawfully taken.
34 The District must submit an annual report showing the species
-7- LRB9008726DJpc
1 and numbers of animals caught. The report must indicate all
2 species which were taken.
3 The provisions of this Section do not apply to the
4 control of wildlife damage to horticultural crops,
5 agricultural crops, or livestock production by owners of
6 land or their tenants.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.