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90_SB1195enr
520 ILCS 5/2.33 from Ch. 61, par. 2.33
Amends the Wildlife Code. In provisions permitting the
Director of Natural Resources to issue a permit to a
handicapped person to hunt with a crossbow, deletes language
limiting the permit to the taking of deer.
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SB1195 Enrolled LRB9007301SMpk
1 AN ACT concerning wildlife.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Fish and Aquatic Life Code is amended by
5 changing Sections 1-230, 20-5, 20-45, 20-55, and 20-120 as
6 follows:
7 (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
8 Sec. 1-230. Wildlife and Fish Fund; disposition of money
9 received. All fees, fines, income of whatever kind or nature
10 derived from hunting and fishing activities on lands, waters,
11 or both under the jurisdiction or control of the Department,
12 and all penalties collected under this Code shall be
13 deposited into the State Treasury and shall be set apart in a
14 special fund to be known as the Wildlife and Fish Fund;
15 except that fees derived solely from the sale of one day Lake
16 Michigan sport fishing licenses, salmon stamps, income from
17 art contests for the salmon stamp, including income from the
18 sale of reprints, and gifts, donations, grants, and bequests
19 of money for the conservation and propagation of salmon shall
20 be deposited into the State Treasury and set apart in the
21 special fund to be known as the Salmon Fund; and except that
22 fees derived solely from the sale of state migratory
23 waterfowl stamps, and gifts, donations, grants and bequests
24 of money for the conservation and propagation of waterfowl,
25 shall be deposited into the State Treasury and set apart in
26 the special fund to be known as the State Migratory Waterfowl
27 Stamp Fund. All interest that accrues from moneys in the
28 Wildlife and Fish Fund, the Salmon Fund, and the State
29 Migratory Waterfowl Stamp Fund shall be retained in those
30 funds respectively. Appropriations from the Wildlife and Fish
31 Fund shall be made only to the Department for the carrying
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1 out of the powers and functions vested by law in the
2 Department, including (i) the purchase of land for fish
3 hatcheries, wildlife refuges, preserves, and public shooting
4 and fishing grounds; (ii) the purchase and distribution of
5 wild birds, the eggs of wild birds, and wild mammals; (iii)
6 the rescuing, restoring and distributing of fish; (iv) the
7 maintenance of wildlife refuges or preserves, public shooting
8 grounds, public fishing grounds, and fish hatcheries; and (v)
9 the feeding and care of wild birds, wild mammals, and fish.
10 Appropriations from the Salmon Fund shall be made only to the
11 Department to be used solely for the conservation and
12 propagation of salmon, including construction, operation, and
13 maintenance of a cold water hatchery, and for payment of the
14 costs of printing salmon stamps, the expenses incurred in
15 acquiring salmon stamp designs, and the expenses of producing
16 reprints.
17 Appropriations from the State Migratory Waterfowl Stamp
18 Fund shall be made only to the Department to be used solely
19 for the following purposes:
20 (a) 50% of funds derived from the sale of State
21 migratory waterfowl stamps and 100% of all gifts,
22 donations, grants, and bequests of money for the
23 conservation and propagation of waterfowl for projects
24 approved by the Department shall be used for the purpose
25 of attracting waterfowl and improving public migratory
26 waterfowl areas within the State. These projects may
27 include the repair, maintenance, and operation of these
28 areas only in emergencies as determined by the State Duck
29 Stamp Committee; but none of the moneys spent within the
30 State shall be used for administrative expenses.
31 (b) 50% of funds derived from the sale of State
32 migratory waterfowl stamps shall be turned over by the
33 Department to appropriate non-profit organizations for
34 the development of waterfowl propagation areas within the
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1 Dominion of Canada or the United States that specifically
2 provide waterfowl for the Mississippi Flyway. Before
3 turning over any moneys from the State Migratory
4 Waterfowl Stamp Fund, the Department shall obtain
5 evidence that the project is acceptable to the
6 appropriate governmental agency of the Dominion of Canada
7 or the United States or of one of its Provinces or States
8 having jurisdiction over the lands and waters affected by
9 the project and shall consult those agencies and the
10 State Duck Stamp Committee for approval before allocating
11 funds.
12 (Source: P.A. 87-833; 88-91.)
13 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
14 Sec. 20-5. Necessity of license; exemptions.
15 (a) Any person taking or attempting to take any fish,
16 including minnows for commercial purposes, turtles, mussels,
17 crayfish, or frogs by any means whatever in any waters or
18 lands wholly or in part within the jurisdiction of the State,
19 including that part of Lake Michigan under the jurisdiction
20 of this State, shall first obtain a license to do so, and
21 shall do so only during the respective periods of the year
22 when it shall be lawful as provided in this Code. Individuals
23 under 16, blind or disabled residents, or individuals fishing
24 at fee fishing areas licensed by the Department, however, may
25 fish with sport fishing devices without being required to
26 have a license. For the purpose of this Section an
27 individual is blind or disabled if that individual has a
28 Class 2 disability as defined in Section 4A of the Illinois
29 Identification Card Act. For purposes of this Section an
30 Illinois Disabled Person Identification Card issued under the
31 Illinois Identification Card Act indicating that the
32 individual named on the card has a Class 2 disability shall
33 be adequate documentation of a disability.
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1 (b) A courtesy non-resident sport fishing license or
2 stamp may be issued at the discretion of the Director,
3 without fee, to (i) any individual officially employed in the
4 wildlife and fish or conservation department of another state
5 or of the United States who is within the State to assist or
6 consult or cooperate with the Director or (ii) the officials
7 of other states, the United States, foreign countries, or
8 officers or representatives of conservation organizations or
9 publications while in the State as guests of the Governor or
10 Director.
11 (c) The Director may issue special fishing permits
12 without cost to groups of hospital patients or handicapped
13 individuals for use on specified dates in connection with
14 supervised fishing for therapy.
15 (d) Veterans who, according to the determination of the
16 Veterans' Administration as certified by the Department of
17 Veterans' Affairs, are at least 10% disabled with
18 service-related disabilities or in receipt of total
19 disability pensions may fish with sport fishing devices
20 during those periods of the year it is lawful to do so
21 without being required to have a license, on the condition
22 that their respective disabilities do not prevent them from
23 fishing in a manner which is safe to themselves and others.
24 (e) Each year the Director may designate a period, not
25 to exceed 4 days in duration, when sport fishermen may fish
26 waters wholly or in part within the jurisdiction of the
27 State, including that part of Lake Michigan under the
28 jurisdiction of the State, and not be required to obtain the
29 license or stamp required by subsection (a) of this Section,
30 Section 20-10 or subsection (a) of Section 20-55. The term of
31 any such period shall be established by administrative rule.
32 This subsection shall not apply to commercial fishing.
33 (f) The Director may issue special fishing permits
34 without cost for a group event, restricted to specific dates
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1 and locations if it is determined by the Department that the
2 event is beneficial in promoting sport fishing in Illinois.
3 (Source: P.A. 88-91; 89-66, eff. 1-1-96.)
4 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
5 Sec. 20-45. License fees for residents. Fees for
6 licenses for residents of the State of Illinois shall be as
7 follows:
8 (a) Except as otherwise provided in this Section,
9 for sport fishing devices as defined in Section 10-95 or
10 spearing devices as defined in Section 10-110 the fee is
11 $12.50 for individuals 16 to 64 years old, and one-half
12 of the current fishing license fee for individuals age 65
13 or older, commencing with the 1994 license year.
14 (b) All residents before using any commercial
15 fishing device shall obtain a commercial fishing license,
16 the fee for which shall be $35. Each and every commercial
17 device used shall be licensed by a resident commercial
18 fisherman as follows:
19 (1) For each 100 lineal yards, or fraction
20 thereof, of seine the fee is $18. For each minnow
21 seine, minnow trap, or net for commercial purposes
22 the fee is $20.
23 (2) For each device to fish with a 100 hook
24 trot line device, basket trap, hoop net, or dip net
25 the fee is $3.
26 (3) When used in the waters of Lake Michigan,
27 for the first 2000 lineal feet, or fraction thereof,
28 of gill net the fee is $10; and for each 1000
29 additional lineal feet, or fraction thereof, the fee
30 is $10. These fees shall apply to all gill nets in
31 use in the water or on drying reels on the shore.
32 (4) For each 100 lineal yards, or fraction
33 thereof, of gill net or trammel net the fee is $18.
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1 (c) Residents of the State of Illinois may obtain a
2 sportsmen's combination license that shall entitle the
3 holder to the same non-commercial fishing privileges as
4 residents holding a license as described in subsection
5 (a) of this Section and to the same hunting privileges as
6 residents holding a license to hunt all species as
7 described in Section 3.1 of the Wildlife Code. No
8 sportsmen's combination license shall be issued to any
9 individual who would be ineligible for either the fishing
10 or hunting license separately. The sportsmen's
11 combination license fee shall be $18.50. For residents
12 age 65 or older, the fee is one-half of the fee charged
13 for a sportsmen's combination license.
14 (d) For 24 hours of fishing one day for fishing in
15 Lake Michigan by sport fishing devices as defined in
16 Section 10-95 or by spearing devices as defined in
17 Section 10-110 the fee is $5. This license exempts the
18 licensee from the requirement for a salmon or inland
19 trout stamp. The licenses provided for by this subsection
20 are not required for residents of the State of Illinois
21 who have obtained the license provided for in subsection
22 (a) of this Section.
23 (e) All residents before using any commercial
24 mussel device shall obtain a commercial mussel license,
25 the fee for which shall be $50.
26 (f) Residents of this State, upon establishing
27 residency as required by the Department, may obtain a
28 lifetime hunting or fishing license or lifetime
29 sportsmen's combination license which shall entitle the
30 holder to the same non-commercial fishing privileges as
31 residents holding a license as described in paragraph (a)
32 of this Section and to the same hunting privileges as
33 residents holding a license to hunt all species as
34 described in Section 3.1 of the Wildlife Code. No
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1 lifetime sportsmen's combination license shall be issued
2 to or retained by any individual who would be ineligible
3 for either the fishing or hunting license separately,
4 either upon issuance, or in any year a violation would
5 subject an individual to have either or both fishing or
6 hunting privileges rescinded. The lifetime hunting and
7 fishing license fees shall be as follows:
8 (1) Lifetime fishing: 30 x the current
9 fishing license fee.
10 (2) Lifetime hunting: 30 x the current
11 hunting license fee.
12 (3) Lifetime sportsmen's combination license:
13 30 x the current sportsmen's combination license
14 fee.
15 Lifetime licenses shall not be refundable. A $10 fee
16 shall be charged for reissuing any lifetime license. The
17 Department may establish rules and regulations for the
18 issuance and use of lifetime licenses and may suspend or
19 revoke any lifetime license issued under this Section for
20 violations of those rules or regulations or other provisions
21 under this Code or the Wildlife Code. Individuals under 16
22 years of age who possess a lifetime hunting or sportsmen's
23 combination license shall have in their possession, while in
24 the field, a certificate of competency as required under
25 Section 3.2 of the Wildlife Code. Any lifetime license
26 issued under this Section shall not exempt individuals from
27 obtaining additional stamps or permits required under the
28 provisions of this Code or the Wildlife Code. Individuals
29 required to purchase additional stamps shall sign the stamps
30 and have them in their possession while fishing or hunting
31 with a lifetime license. All fees received from the issuance
32 of lifetime licenses shall be deposited in the Fish and
33 Wildlife Endowment Fund.
34 Except for licenses issued under subsection (e) of this
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1 Section, all licenses provided for in this Section shall
2 expire on March 31 of each year, except that the license
3 provided for in subsection (d) of this Section shall expire
4 24 hours after the effective date and time listed on the face
5 of the license at midnight on the day for which the license
6 was issued.
7 All individuals required to have and failing to have the
8 license provided for in subsection (a) or (d) of this Section
9 shall be fined according to the provisions of Section 20-35
10 of this Code.
11 All individuals required to have and failing to have the
12 licenses provided for in subsections (b) and (e) of this
13 Section shall be guilty of a Class B misdemeanor.
14 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
15 (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
16 Sec. 20-55. License fees for non-residents. Fees for
17 licenses for non-residents of the State of Illinois are as
18 follows:
19 (a) For sport fishing devices as defined by Section
20 10-95, or spearing devices as defined in Section 10-110,
21 non-residents age 16 or older shall be charged $24 for a
22 fishing license to fish. For sport fishing devices as defined
23 by Section 10-95, or spearing devices as defined in Section
24 10-110, for a period not to exceed 10 consecutive days
25 fishing in the State of Illinois the fee is $12.50.
26 For sport fishing devices as defined in Section 10-95, or
27 spearing devices as defined in Section 10-110, for 24 hours
28 of fishing one day for fishing in Lake Michigan the fee is
29 $5. This license exempts the licensee from the salmon or
30 inland trout stamp requirement.
31 (b) All non-residents before using any commercial
32 fishing device shall obtain a non-resident commercial fishing
33 license, the fee for which shall be $150. Each and every
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1 commercial device shall be licensed by a non-resident
2 commercial fisherman as follows:
3 (1) For each 100 lineal yards, or fraction thereof,
4 of seine (excluding minnow seines) the fee is $36.
5 (2) For each device to fish with a 100 hook trot
6 line device, basket trap, hoop net, or dip net the fee is
7 $6.
8 (3) For each 100 lineal yards, or fraction thereof,
9 of trammel net the fee is $36.
10 (4) For each 100 lineal yards, or fraction thereof,
11 of gill net the fee is $36.
12 All persons required to have and failing to have the
13 license provided for in subsection (a) of this Section shall
14 be fined under Section 20-35 of this Code. Each person
15 required to have and failing to have the licenses required
16 under subsection (b) of this Section shall be guilty of a
17 Class B misdemeanor.
18 All licenses provided for in this Section shall expire on
19 March 31 of each year; except that the 24-hour license for
20 sport fishing devices or spearing devices shall expire 24
21 hours after the effective date and time listed on the face of
22 the license and licenses for sport fishing devices or
23 spearing devices for a period not to exceed 10 consecutive
24 days fishing in the State of Illinois as provided in
25 subsection (a) of this Section shall expire at midnight on
26 the tenth day after issued, not counting the day issued.
27 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
28 (515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
29 Sec. 20-120. Designation of agents; liability; bond. The
30 Department of Natural Resources has the authority to
31 designate agents to sell licenses, stamps, and permits on
32 behalf of the Department. Any person receiving licenses from
33 the Department for sale as provided in this Section (i) shall
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1 execute and deliver receipts for the licenses; (ii) shall, on
2 dates specified by the Department, report in writing to the
3 Department the number and kinds of licenses sold; and (iii)
4 shall, with the report, make remittance to the Department
5 covering the amounts due it from the sales. Failure on the
6 part of any clerk or agent to fully comply with the
7 provisions of this Code, including administrative rules,
8 shall be justification for the Department to cancel or
9 withdraw the issuance of licenses through that clerk or
10 agent. A salmon stamp shall be deemed a license for the
11 purposes of this Section.
12 (a) Any person appointed or designated by the Department
13 including any county, city, village, township, or
14 incorporated town clerk issuing licenses provided for in this
15 Code may add the fees provided in paragraph (b) as the fee
16 for issuing the licenses. These clerks, however, shall remit
17 to the treasurer of the political subdivision of which he or
18 she is an officer or employee, the added fees or any portion
19 of the added fees he or she collects provided in paragraph
20 (b). Issuing fees may be divided between the clerks and their
21 appointed subagents other than employees of the clerk's
22 office, but in no case may any clerk or subagent charge an
23 issuing fee or fees totaling more than the issuing fee set
24 out in this Section.
25 (b) Any person authorized to issue licenses under
26 subsection (a) may add to the license fee a fee of $.75 in
27 the case of Sportsmen's Combination Licenses or nonresident
28 hunting licenses, and $.50 in the case of all other licenses,
29 permits, and stamps.
30 (c) No person or subagent of any county, city, village,
31 township, or incorporated town clerk may charge a service fee
32 for issuing licenses provided for in this Code, and the
33 charging of fees for issuing licenses in excess of the fees
34 authorized is a petty offense. Any person authorized to issue
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1 licenses by telephone and electronic transmission or
2 incurring costs for customer convenience may charge in
3 addition to the "issuing fee" authorized by this Section a
4 fee not to exceed an amount set by the Department, by
5 administrative rule, to cover the transaction cost.
6 (d) All fees, less issuing fees, collected from the sale
7 of licenses and permits and not remitted to the Department as
8 provided in this Section shall be deemed to have been
9 embezzled and the person or officer responsible for the
10 remittance is subject to prosecution. No person handling or
11 selling licenses is required to remit for any license now or
12 hereafter stolen, by means of forcible entry, or destroyed by
13 a fire in the premises where the licenses are kept, if he or
14 she submits an affidavit to the Department describing the
15 circumstances of the theft or cause of the destruction and
16 listing in the affidavit the type and numbers of the licenses
17 so stolen or destroyed.
18 (e) Within 30 days after the expiration of the time in
19 which any class of license is usable, payment for licenses
20 sold shall be made in full to the Department and persons
21 possessing unused license forms shall return them to the
22 Department prepaid.
23 (f) No person is permitted to make deductions from
24 remittances sent to the Department for postage or for the
25 cost of, or fees for, drafts or money orders.
26 (g) Any county, city, village, township, or incorporated
27 town clerk handling or selling licenses as provided in this
28 Section is liable to the State personally. All other persons
29 designated or appointed by the Department to handle or sell
30 licenses as provided in this Section shall, before receiving
31 any licenses for sale, file with the Department a bond in an
32 amount specified by the Department on a form to be approved
33 by and with a surety or sureties satisfactory to the
34 Department conditioned upon the person or persons paying to
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1 the State of Illinois all monies becoming due by reason of
2 the sale of the licenses.
3 (h) No person shall falsify, alter, or change in any
4 manner, or loan or transfer to another, any license, permit,
5 or tag issued under this Section or falsify any records
6 required by this Code or counterfeit or duplicate any form of
7 license, permit, or tag provided for by this Code. Any person
8 who violates this subsection shall be subject to the penalty
9 provisions of Section 20-35 of this Code.
10 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.)
11 Section 5. The Wildlife Code is amended by changing
12 Sections 2.33, 2.36a, 3.1, 3.5, 3.37, and 3.39 as follows:
13 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
14 Sec. 2.33. Prohibitions.
15 (a) It is unlawful to carry or possess any gun in any
16 State refuge unless otherwise permitted by administrative
17 rule.
18 (b) It is unlawful to use or possess any snare or
19 snare-like device, deadfall, net, or pit trap to take any
20 species, except that snares not powered by springs or other
21 mechanical devices may be used to trap fur-bearing mammals,
22 in water sets only, if at least one-half of the snare noose
23 is located underwater at all times.
24 (c) It is unlawful for any person at any time to take a
25 wild mammal protected by this Act from its den by means of
26 any mechanical device, spade, or digging device or to use
27 smoke or other gases to dislodge or remove such mammal except
28 as provided in Section 2.37.
29 (d) It is unlawful to use a ferret or any other small
30 mammal which is used in the same or similar manner for which
31 ferrets are used for the purpose of frightening or driving
32 any mammals from their dens or hiding places.
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1 (e) (Blank). It is unlawful to use any recording or
2 electronic calling device to attract or attempt to attract,
3 or to take or attempt to take, any of the wild mammals, wild
4 birds or fur-bearing mammals protected by this Act between
5 sunset and sunrise.
6 (f) It is unlawful to use spears, gigs, hooks or any
7 like device to take any species protected by this Act.
8 (g) It is unlawful to use poisons, chemicals or
9 explosives for the purpose of taking any species protected by
10 this Act.
11 (h) It is unlawful to hunt adjacent to or near any peat,
12 grass, brush or other inflammable substance when it is
13 burning.
14 (i) It is unlawful to take, pursue or intentionally
15 harass or disturb in any manner any wild birds or mammals by
16 use or aid of any vehicle or conveyance. It is also unlawful
17 to use the lights of any vehicle or conveyance or any light
18 from or any light connected to such vehicle or conveyance in
19 any area where wildlife may be found except in accordance
20 with Section 2.37 of this Act, however, nothing in this
21 Section shall prohibit the normal use of headlamps for the
22 purpose of driving upon a roadway and except that striped
23 skunk, opossum, red fox, gray fox, raccoon and coyote may be
24 taken during the open season by use of a small light which is
25 worn on the body or hand-held by a person on foot and not in
26 any vehicle.
27 (j) It is unlawful to use any shotgun larger than 10
28 gauge while taking or attempting to take any of the species
29 protected by this Act.
30 (k) It is unlawful to use or possess in the field any
31 shotgun shell loaded with a shot size larger than lead BB or
32 steel T (.20 diameter) when taking or attempting to take any
33 species of wild game mammals (excluding white-tailed deer),
34 wild game birds, wild fur-bearing mammals, migratory
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1 waterfowl or migratory game birds protected by this Act,
2 except white-tailed deer as provided for in Section 2.26 and
3 other species as provided for by subsection (l) or
4 administrative rule.
5 (l) It is unlawful to take any species of wild game,
6 except white-tailed deer, with a shotgun loaded with rifled
7 slugs unless otherwise provided for by administrative rule.
8 (m) It is unlawful to use any shotgun capable of holding
9 more than 3 shells in the magazine or chamber combined,
10 except on game breeding and hunting preserve areas licensed
11 under Section 3.27. If the shotgun is capable of holding
12 more than 3 shells, it shall, while being used on an area
13 other than a game breeding and shooting preserve area
14 licensed pursuant to Section 3.27, be fitted with a one piece
15 plug that is irremovable without dismantling the shotgun or
16 otherwise altered to render it incapable of holding more than
17 3 shells in the magazine and chamber, combined.
18 (n) It is unlawful for any person, except persons
19 permitted by law, to have or carry any gun in or on any
20 vehicle, conveyance or aircraft, unless such gun is unloaded
21 and enclosed in a case, except that at field trials
22 authorized by Section 2.34 of this Act, unloaded guns or guns
23 loaded with blank cartridges only, may be carried on
24 horseback while not contained in a case, or to have or carry
25 any bow or arrow device in or on any vehicle unless such bow
26 or arrow device is unstrung or enclosed in a case, or
27 otherwise made inoperable.
28 (o) It is unlawful to use any crossbow for the purpose
29 of taking any wild birds or mammals, except as provided for
30 in Section 2.33.
31 (p) It is unlawful to take game birds, migratory game
32 birds or migratory waterfowl with a rifle, pistol, revolver
33 or airgun.
34 (q) It is unlawful to fire a rifle, pistol, revolver or
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1 airgun on, over or into any waters of this State, including
2 frozen waters.
3 (r) It is unlawful to discharge any gun or bow and arrow
4 device along, upon, across, or from any public right-of-way
5 or highway in this State.
6 (s) It is unlawful to use a silencer or other device to
7 muffle or mute the sound of the explosion or report resulting
8 from the firing of any gun.
9 (t) It is unlawful for any person to trap or hunt, or
10 allow a dog to hunt, within or upon the land of another, or
11 upon waters flowing over or standing on the land of another,
12 without first obtaining permission from the owner or tenant.
13 It shall be prima facie evidence that a person does not have
14 permission of the owner or tenant if the person is unable to
15 demonstrate to the law enforcement officer in the field that
16 permission had been obtained. This provision may only be
17 rebutted by testimony of the owner or tenant that permission
18 had been given. Before enforcing this Section the law
19 enforcement officer must have received notice from the owner
20 or tenant of a violation of this Section. Statements made to
21 the law enforcement officer regarding this notice shall not
22 be rendered inadmissible by the hearsay rule when offered for
23 the purpose of showing the required notice.
24 (u) It is unlawful for any person to discharge any
25 firearm for the purpose of taking any of the species
26 protected by this Act, or hunt with gun or dog, or allow a
27 dog to hunt, within 300 yards of an inhabited dwelling
28 without first obtaining permission from the owner or tenant,
29 except that while trapping, hunting with bow and arrow,
30 hunting with dog and shotgun using shot shells only, or
31 hunting with shotgun using shot shells only, or on licensed
32 game breeding and hunting preserve areas, as defined in
33 Section 3.27, on property operated under a Migratory
34 Waterfowl Hunting Area Permit, on federally owned and managed
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1 lands and on Department owned, managed, leased or controlled
2 lands, a 100 yard restriction shall apply.
3 (v) It is unlawful for any person to remove fur-bearing
4 mammals from, or to move or disturb in any manner, the traps
5 owned by another person without written authorization of the
6 owner to do so.
7 (w) It is unlawful for any owner of a dog to knowingly
8 or wantonly allow his or her dog to pursue, harass or kill
9 deer.
10 (x) It is unlawful for any person to wantonly or
11 carelessly injure or destroy, in any manner whatsoever, any
12 real or personal property on the land of another while
13 engaged in hunting or trapping thereon.
14 (y) It is unlawful to hunt wild game protected by this
15 Act between half hour after sunset and half hour before
16 sunrise except that hunting hours between half hour after
17 sunset and half hour before sunrise may be established by
18 administrative rule for fur-bearing mammals.
19 (z) It is unlawful to take any game bird (excluding wild
20 turkeys and crippled pheasants not capable of normal flight
21 and otherwise irretrievable), migratory game birds or
22 migratory waterfowl protected by this Act when not flying.
23 Nothing in this Section shall prohibit a person from carrying
24 an uncased, unloaded shotgun in a boat, while in pursuit of a
25 crippled migratory waterfowl that is incapable of normal
26 flight, for the purpose of attempting to reduce the migratory
27 waterfowl to possession, provided that the attempt is made
28 immediately upon downing the migratory waterfowl and is done
29 within 400 200 yards of the blind from which the migratory
30 waterfowl was downed. This exception shall apply only to
31 migratory game birds that are not capable of normal flight.
32 Migratory waterfowl that are crippled may be taken only with
33 a shotgun as regulated by subsection (j) of this Section
34 using shotgun shells as regulated in subsection (k) of this
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1 Section.
2 (aa) It is unlawful to use or possess any device that
3 may be used for tree climbing or cutting, while hunting
4 fur-bearing mammals.
5 (bb) It is unlawful for any person, except licensed game
6 breeders, pursuant to Section 2.29 to import, carry into or
7 possess alive in this State, any species of wildlife taken
8 outside of this State without obtaining permission to do so
9 from the Director.
10 (cc) It is unlawful for any person to have in their
11 possession any freshly killed species protected by this Act
12 during the season closed for taking.
13 (dd) It is unlawful to take any species protected by
14 this Act and retain it alive.
15 (ee) It is unlawful to possess any rifle while in the
16 field during gun deer season except as provided in Section
17 2.26 and administrative rules.
18 (ff) It is unlawful for any person to take any species
19 protected by this Act, except migratory waterfowl, during the
20 gun deer hunting season in those counties open to gun deer
21 hunting, unless he wears, when in the field, a cap and upper
22 outer garment of a solid blaze orange color, with such
23 articles of clothing displaying a minimum of 400 square
24 inches of blaze orange material.
25 (gg) It is unlawful during the upland game season for
26 any person to take upland game with a firearm unless he or
27 she wears, while in the field, a cap of solid blaze orange
28 color. For purposes of this Act, upland game is defined as
29 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
30 Eastern Cottontail and Swamp Rabbit.
31 (hh) It shall be unlawful to kill or cripple any species
32 protected by this Act for which there is a daily bag limit
33 without making a reasonable effort to retrieve such species
34 and include such in the daily bag limit.
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1 This Section shall apply only to those species protected
2 by this Act taken within the State. Any species or any parts
3 thereof, legally taken in and transported from other states
4 or countries may be possessed within the State, except as
5 provided in this Section and Sections 2.35, 2.36 and 3.21.
6 Nothing contained in this Section shall prohibit the use
7 of bow and arrow, or prevent the Director from issuing
8 permits to use a crossbow to take deer to handicapped
9 persons. As used herein, "handicapped persons" means those
10 persons who have a permanent physical impairment due to
11 injury or disease, congenital or acquired, which renders them
12 so severely disabled as to be unable to use a conventional
13 bow and arrow device. Permits will be issued only after the
14 receipt of a physician's statement confirming the applicant
15 is handicapped as defined above.
16 Nothing contained in this Section shall prohibit the
17 Director from issuing permits to paraplegics or persons
18 physically unable to walk, to shoot or hunt from a standing
19 vehicle, provided that such is otherwise in accord with this
20 Act.
21 Nothing contained in this Act shall prohibit the taking
22 of aquatic life protected by the Fish Code or birds and
23 mammals protected by this Act, except deer and fur-bearing
24 mammals, from a boat not camouflaged or disguised to alter
25 its identity or to further provide a place of concealment and
26 not propelled by sail or mechanical power. However, only
27 shotguns not larger than 10 gauge nor smaller than .410 bore
28 loaded with not more than 3 shells of a shot size no larger
29 than lead BB or steel T (.20 diameter) may be used to take
30 species protected by this Act.
31 Nothing contained in this Act shall prohibit the use of a
32 shotgun, not larger than 10 gauge nor smaller than a 20
33 gauge, with a rifled barrel.
34 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
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1 8-17-95.)
2 (520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
3 Sec. 2.36a. Value of protected species; violations.
4 (a) Any person who, for profit or commercial purposes,
5 knowingly captures or kills, possesses, offers for sale,
6 sells, offers to barter, barters, offers to purchase,
7 purchases, delivers for shipment, ships, exports, imports,
8 causes to be shipped, exported, or imported, delivers for
9 transportation, transports or causes to be transported,
10 carries or causes to be carried, or receives for shipment,
11 transportation, carriage, or export any animal or part of
12 animal of the species protected by this Act, contrary to the
13 provisions of this Act, and such animals, in whole or in
14 part, are valued at or in excess of a total of $300, as per
15 specie value specified in subsection (c) of this Section,
16 commits a Class 3 felony.
17 A person shall be guilty of a Class 4 felony if convicted
18 under this Section for more than one violation within a
19 90-day period where the animals of each violation are not
20 valued at or in excess of $300, but the total value of the
21 animals from the multiple violations is at or in excess of
22 $300. The prosecution for a Class 4 felony for these
23 multiple violations must be alleged in a single charge or
24 indictment and brought in a single prosecution.
25 (b) Possession of animals, in whole or in part, captured
26 or killed in violation of this Act, valued at or in excess of
27 $600, as per specie value specified in subsection (c) of this
28 Section, shall be considered prima facie evidence of
29 possession for profit or commercial purposes.
30 (c) For purposes of this Section, the fair market value
31 or replacement cost, whichever is greater, shall be used to
32 determine the value of the species protected by this Act, but
33 in no case shall the minimum the value of all species
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1 protected by this Act be less than are as follows:
2 (1) Bald Eagle, $500 $200;
3 (2) Whitetail deer and wild turkey, $250 $145;
4 (3) Fur-bearing mammals, $25;
5 (4) Game birds, (except the wild turkey) and,
6 migratory game birds (except Trumpeter swans), $25
7 resident and migratory non-game birds (except bald eagle
8 and those listed in (5) below), game mammals (except
9 whitetail deer), and non-game mammals, $10;
10 (5) Eagles, Owls, hawks, falcons, kites, harriers,
11 and ospreys, and other birds of prey $125;.
12 (6) Game mammals (except whitetail deer), $25;
13 (7) Other mammals, $50;
14 (8) Resident and migratory non-game birds (except
15 birds of prey), $50;
16 (9) Trumpeter swans, $250.
17 (Source: P.A. 87-435.)
18 (520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
19 Sec. 3.1. License and stamps required.
20 (a) Before any person shall take or attempt to take any
21 of the species protected by Section 2.2 for which an open
22 season is established under this Act, he shall first have
23 procured and possess a valid hunting license.
24 Before any person 16 years of age or older shall take or
25 attempt to take any bird of the species defined as migratory
26 waterfowl by Section 2.2, including coots, he shall first
27 have procured a State Migratory Waterfowl Stamp.
28 Before any person 16 years of age or older takes,
29 attempts to take, or pursues any species of wildlife
30 protected by this Code, except migratory waterfowl, coots,
31 and hand-reared birds on licensed game breeding and hunting
32 preserve areas and state controlled pheasant hunting areas,
33 he or she shall first obtain a State Habitat Stamp. Disabled
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1 veterans and former prisoners of war shall not be required to
2 obtain State Habitat Stamps. Any person who obtained a
3 lifetime license before January 1, 1993, shall not be
4 required to obtain State Habitat Stamps. Income from the sale
5 of State Furbearer Stamps and State Pheasant Stamps received
6 after the effective date of this amendatory Act of 1992 shall
7 be deposited into the State Furbearer Fund and State Pheasant
8 Fund, respectively.
9 Before any person 16 years of age or older shall take,
10 attempt to take, or sell the green hide of any mammal of the
11 species defined as fur-bearing mammals by Section 2.2 for
12 which an open season is established under this Act, he shall
13 first have procured a State Habitat Stamp.
14 (b) Before any person who is a non-resident of the State
15 of Illinois shall take or attempt to take any of the species
16 protected by Section 2.2, except white-tailed deer or wild
17 turkey, for which an open season is established under this
18 Act, he shall, unless specifically exempted by law, first
19 procure a non-resident license as provided by this Act for
20 the taking of any wild game.
21 Before a nonresident shall take or attempt to take
22 white-tailed deer, he shall first have procured a Deer
23 Hunting Permit as defined in Section 2.26 of this Code.
24 Before a nonresident shall take or attempt to take wild
25 turkeys, he shall have procured a Wild Turkey Hunting Permit
26 as defined in Section 2.11 of this Code.
27 (c) The owners residing on, or bona fide tenants of,
28 farm lands and their children, parents, brothers, and sisters
29 actually permanently residing on their lands shall have the
30 right to hunt any of the species protected by Section 2.2
31 upon their lands and waters without procuring hunting
32 licenses; but the hunting shall be done only during periods
33 of time and with devices and by methods as are permitted by
34 this Act. Any person on active duty with the Armed Forces of
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1 the United States who is now and who was at the time of
2 entering the Armed Forces a resident of Illinois and who
3 entered the Armed Forces from this State, and who is
4 presently on ordinary leave from the Armed Forces, and any
5 resident of Illinois who is disabled may hunt any of the
6 species protected by Section 2.2 without procuring a hunting
7 license, but the hunting shall be done only during such
8 periods of time and with devices and by methods as are
9 permitted by this Act. For the purpose of this Section a
10 person is disabled when that person has a Type 1 or Type 4,
11 Class 2 disability as defined in Section 4A of the Illinois
12 Identification Card Act. For purposes of this Section, an
13 Illinois Disabled Person Identification Card issued pursuant
14 to the Illinois Identification Card Act indicating that the
15 person named has a Type 1 or Type 4, Class 2 disability shall
16 be adequate documentation of the disability.
17 (d) A courtesy non-resident license, permit, or stamp
18 for taking game may be issued at the discretion of the
19 Director, without fee, to any person officially employed in
20 the game and fish or conservation department of another state
21 or of the United States who is within the State to assist or
22 consult or cooperate with the Director; or to the officials
23 of other states, the United States, foreign countries, or
24 officers or representatives of conservation organizations or
25 publications while in the State as guests of the Governor or
26 Director. The Director may provide to nonresident
27 participants and official gunners at field trials an
28 exemption from licensure while participating in a field
29 trial.
30 (e) State Migratory Waterfowl Stamps shall be required
31 for those persons qualifying under subsections (c) and (d)
32 who intend to hunt migratory waterfowl, including coots, to
33 the extent that hunting licenses of the various types are
34 authorized and required by this Section for those persons.
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1 (f) Registration in the U.S. Fish and Wildlife Migratory
2 Bird Harvest Information Program shall be required for those
3 persons who are required to have a hunting license before
4 taking or attempting to take any bird of the species defined
5 as migratory game birds by Section 2.2, except that this
6 subsection shall not apply to crows in this State or
7 hand-reared birds on licensed game breeding and hunting
8 preserve areas, for which an open season is established by
9 this Act. Persons registering with the Program must carry
10 proof of registration with them while migratory bird hunting.
11 The Department shall publish suitable prescribed
12 regulations pertaining to registration by the migratory bird
13 hunter in the U.S. Fish and Wildlife Service Migratory Bird
14 Harvest Information Program.
15 (Source: P.A. 88-45; 88-91; 89-341, eff. 8-17-95.)
16 (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
17 Sec. 3.5. Penalties; probation.
18 (a) Any person who violates any of the provisions of
19 Section 2.36a, including administrative rules, shall be
20 guilty of a Class 3 felony, except as otherwise provided in
21 subsection (b) of this Section and subsection (a) of Section
22 2.36a.
23 (b) Whenever any person who has not previously been
24 convicted of, or placed on probation or court supervision
25 for, any offense under Section 1.22, 2.36, or 2.36a or
26 subsection (i) or (cc) of Section 2.33, the court may,
27 without entering a judgment and with the person's consent,
28 sentence the person to probation for a violation of Section
29 2.36a.
30 (1) When a person is placed on probation, the court
31 shall enter an order specifying a period of probation of
32 24 months and shall defer further proceedings in the case
33 until the conclusion of the period or until the filing of
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1 a petition alleging violation of a term or condition of
2 probation.
3 (2) The conditions of probation shall be that the
4 person:
5 (A) Not violate any criminal statute of any
6 jurisdiction.
7 (B) Perform no less than 30 hours of community
8 service, provided community service is available in
9 the jurisdiction and is funded and approved by the
10 county board.
11 (3) The court may, in addition to other conditions:
12 (A) Require that the person make a report to
13 and appear in person before or participate with the
14 court or courts, person, or social service agency as
15 directed by the court in the order of probation.
16 (B) Require that the person pay a fine and
17 costs.
18 (C) Require that the person refrain from
19 possessing a firearm or other dangerous weapon.
20 (D) Prohibit the person from associating with
21 any person who is actively engaged in any of the
22 activities regulated by the permits issued or
23 privileges granted by the Department of Natural
24 Resources.
25 (4) Upon violation of a term or condition of
26 probation, the court may enter a judgment on its original
27 finding of guilt and proceed as otherwise provided.
28 (5) Upon fulfillment of the terms and conditions of
29 probation, the court shall discharge the person and
30 dismiss the proceedings against the person.
31 (6) A disposition of probation is considered to be
32 a conviction for the purposes of imposing the conditions
33 of probation, for appeal, and for administrative
34 revocation and suspension of licenses and privileges;
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1 however, discharge and dismissal under this Section is
2 not a conviction for purposes of disqualification or
3 disabilities imposed by law upon conviction of a crime.
4 (7) Discharge and dismissal under this Section may
5 occur only once with respect to any person.
6 (8) If a person is convicted of an offense under
7 this Act within 5 years subsequent to a discharge and
8 dismissal under this Section, the discharge and dismissal
9 under this Section shall be admissible in the sentencing
10 proceeding for that conviction as a factor in
11 aggravation.
12 (9) The Circuit Clerk shall notify the Department
13 of State Police of all persons convicted of or placed
14 under probation for violations of Section 2.36a.
15 (c) Any person who violates any of the provisions of
16 Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
17 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
18 and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21,
19 and 3.24 - 3.26, including administrative rules, shall be
20 guilty of a Class B misdemeanor.
21 Any person who violates any of the provisions of Sections
22 1.22, 2.4, 2.36 and 2.38, including administrative rules,
23 shall be guilty of a Class A misdemeanor. Any second or
24 subsequent violations of Sections 2.4 and 2.36 shall be a
25 Class 4 felony.
26 Any person who violates any of the provisions of this
27 Act, including administrative rules, during such period when
28 his license, privileges, or permit is revoked or denied by
29 virtue of Section 3.36, shall be guilty of a Class A
30 misdemeanor.
31 Any person who violates subsection (g), (i), (o), (p),
32 (y), or (cc) of Section 2.33 shall be guilty of a Class A
33 misdemeanor and subject to a fine of no less than $500 and no
34 more than $5,000 in addition to other statutory penalties.
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1 Any person who violates any other of the provisions of
2 this Act including administrative rules, unless otherwise
3 stated, shall be guilty of a petty offense. Offenses
4 committed by minors under the direct control or with the
5 consent of a parent or guardian may subject the parent or
6 guardian to the penalties prescribed in this Section.
7 In addition to any fines imposed pursuant to the
8 provisions of this Section or as otherwise provided in this
9 Act, any person found guilty of unlawfully taking or
10 possessing any species protected by this Act, shall be
11 assessed a civil penalty for such species in accordance with
12 the values prescribed in Section 2.36a of this Act. This
13 civil penalty shall be imposed by the Circuit Court for the
14 county within which the offense was committed at the time of
15 the conviction. All penalties provided for in this Section
16 shall be remitted to the Department in accordance with the
17 same provisions provided for in Section 1.18 of this Act.
18 (Source: P.A. 86-354; 86-1039; 87-798.)
19 (520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
20 Sec. 3.37. The Department of Natural Resources has the
21 authority to designate agents to sell licenses, stamps and
22 permits on behalf of the Department. Any person receiving
23 licenses from the Department for sale as provided for in this
24 Section, shall execute and deliver receipts therefor; and
25 shall on dates specified by the Department report in writing
26 to the Department the number and kind of licenses sold, and
27 shall, with such reports, make remittances to the Department
28 covering the amounts received from such sales. Failure on the
29 part of any clerk or agent to fully comply with this Act,
30 including administrative rules, shall be justification for
31 the Department to cancel or withdraw the issuance of licenses
32 through such clerks or agents. A Federal Migratory Bird
33 Hunting and Conservation Stamp shall be deemed a license for
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1 the purpose of this Section. Any person authorized by the
2 Department including any county, city, village, township, or
3 incorporated town clerk issuing licenses, permits or stamps
4 provided for in this Act, may add the following as the fees
5 for issuing such licenses: 75 cents in the case of
6 Sportsmen's Combination Licenses or nonresident hunting
7 licenses, and 50 cents in the case of all other licenses,
8 permits and stamps. However, such clerks shall remit to the
9 treasurer of the political subdivision of which he is an
10 officer or employee, the added fees or any portion thereof he
11 or she collects provided in this Section. Issuing fees may
12 be divided between such clerks and their appointed subagents
13 other than employees of the clerk's office, but in no case
14 may any clerk or subagent charge an issuing fee or fees
15 totaling more than the issuing fee set out in this Section.
16 No person, or subagent of any county, city, village, township
17 or incorporated town clerk may charge a service fee for
18 issuing licenses provided for in this Act, and the charging
19 of fees for issuing such licenses in excess of the fees
20 authorized is a petty offense. All fees, less issuing fees,
21 collected from the sale of licenses and permits and not
22 remitted to the Department as provided in this Section, shall
23 be deemed to have been embezzled and the person or officer
24 responsible for such remittance is subject to prosecution.
25 Any person authorized to issue licenses by telephone and
26 electronic transmission or incurring costs for customer
27 convenience may charge in addition to the "issuing fee"
28 authorized by this Section a fee not to exceed an amount set
29 by the Department, by administrative rule, to cover the
30 transaction cost.
31 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.)
32 (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
33 Sec. 3.39. Residents of the State of Illinois may obtain
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1 a Sportsmen's Combination License which shall entitle the
2 holder to the same non-commercial fishing privileges as
3 residents holding a fishing license described in subparagraph
4 (a) of Section 20-45 of the Fish and Aquatic Life Code, and
5 to the same hunting privileges as residents holding a license
6 to hunt all species, as described in Section 3.1 of this Act.
7 However, no Sportsmen's Combination License shall be issued
8 to any person who would be ineligible for either the fishing
9 or hunting license separately. The Sportsmen's Combination
10 License fee shall be $18.50. For residents age 65 or older,
11 the fee is one-half of the fee charged for a Sportsmen's
12 Combination License.
13 (Source: P.A. 87-895; 88-91.)