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90_SB1195ham003 LRB9007301MWpcam 1 AMENDMENT TO SENATE BILL 1195 2 AMENDMENT NO. . Amend Senate Bill 1195, AS AMENDED, 3 by replacing the title with the following: 4 "AN ACT concerning wildlife"; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 3. The Fish and Aquatic Life Code is amended by 8 changing Sections 1-230, 20-5, 20-45, 20-55, and 20-120 as 9 follows: 10 (515 ILCS 5/1-230) (from Ch. 56, par. 1-230) 11 Sec. 1-230. Wildlife and Fish Fund; disposition of money 12 received. All fees, fines, income of whatever kind or nature 13 derived from hunting and fishing activities on lands, waters, 14 or both under the jurisdiction or control of the Department, 15 and all penalties collected under this Code shall be 16 deposited into the State Treasury and shall be set apart in a 17 special fund to be known as the Wildlife and Fish Fund; 18 except that fees derived solely from the sale of
one day Lake19 Michigan sport fishing licenses,salmon stamps, income from 20 art contests for the salmon stamp, including income from the 21 sale of reprints, and gifts, donations, grants, and bequests -2- LRB9007301MWpcam 1 of money for the conservation and propagation of salmon shall 2 be deposited into the State Treasury and set apart in the 3 special fund to be known as the Salmon Fund; and except that 4 fees derived solely from the sale of state migratory 5 waterfowl stamps, and gifts, donations, grants and bequests 6 of money for the conservation and propagation of waterfowl, 7 shall be deposited into the State Treasury and set apart in 8 the special fund to be known as the State Migratory Waterfowl 9 Stamp Fund. All interest that accrues from moneys in the 10 Wildlife and Fish Fund, the Salmon Fund, and the State 11 Migratory Waterfowl Stamp Fund shall be retained in those 12 funds respectively. Appropriations from the Wildlife and Fish 13 Fund shall be made only to the Department for the carrying 14 out of the powers and functions vested by law in the 15 Department, including (i) the purchase of land for fish 16 hatcheries, wildlife refuges, preserves, and public shooting 17 and fishing grounds; (ii) the purchase and distribution of 18 wild birds, the eggs of wild birds, and wild mammals; (iii) 19 the rescuing, restoring and distributing of fish; (iv) the 20 maintenance of wildlife refuges or preserves, public shooting 21 grounds, public fishing grounds, and fish hatcheries; and (v) 22 the feeding and care of wild birds, wild mammals, and fish. 23 Appropriations from the Salmon Fund shall be made only to the 24 Department to be used solely for the conservation and 25 propagation of salmon, including construction, operation, and 26 maintenance of a cold water hatchery, and for payment of the 27 costs of printing salmon stamps, the expenses incurred in 28 acquiring salmon stamp designs, and the expenses of producing 29 reprints. 30 Appropriations from the State Migratory Waterfowl Stamp 31 Fund shall be made only to the Department to be used solely 32 for the following purposes: 33 (a) 50% of funds derived from the sale of State 34 migratory waterfowl stamps and 100% of all gifts, -3- LRB9007301MWpcam 1 donations, grants, and bequests of money for the 2 conservation and propagation of waterfowl for projects 3 approved by the Department shall be used for the purpose 4 of attracting waterfowl and improving public migratory 5 waterfowl areas within the State. These projects may 6 include the repair, maintenance, and operation of these 7 areas only in emergencies as determined by the State Duck 8 Stamp Committee; but none of the moneys spent within the 9 State shall be used for administrative expenses. 10 (b) 50% of funds derived from the sale of State 11 migratory waterfowl stamps shall be turned over by the 12 Department to appropriate non-profit organizations for 13 the development of waterfowl propagation areas within the 14 Dominion of Canada or the United States that specifically 15 provide waterfowl for the Mississippi Flyway. Before 16 turning over any moneys from the State Migratory 17 Waterfowl Stamp Fund, the Department shall obtain 18 evidence that the project is acceptable to the 19 appropriate governmental agency of the Dominion of Canada 20 or the United States or of one of its Provinces or States 21 having jurisdiction over the lands and waters affected by 22 the project and shall consult those agencies and the 23 State Duck Stamp Committee for approval before allocating 24 funds. 25 (Source: P.A. 87-833; 88-91.) 26 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5) 27 Sec. 20-5. Necessity of license; exemptions. 28 (a) Any person taking or attempting to take any fish, 29 including minnows for commercial purposes, turtles, mussels, 30 crayfish, or frogs by any means whatever in any waters or 31 lands wholly or in part within the jurisdiction of the State, 32 including that part of Lake Michigan under the jurisdiction 33 of this State, shall first obtain a license to do so, and -4- LRB9007301MWpcam 1 shall do so only during the respective periods of the year 2 when it shall be lawful as provided in this Code. Individuals 3 under 16, blind or disabled residents, or individuals fishing 4 at fee fishing areas licensed by the Department, however, may 5 fish with sport fishing devices without being required to 6 have a license. For the purpose of this Section an 7 individual is blind or disabled if that individual has a 8 Class 2 disability as defined in Section 4A of the Illinois 9 Identification Card Act. For purposes of this Section an 10 Illinois Disabled Person Identification Card issued under the 11 Illinois Identification Card Act indicating that the 12 individual named on the card has a Class 2 disability shall 13 be adequate documentation of a disability. 14 (b) A courtesy non-resident sport fishing license or 15 stamp may be issued at the discretion of the Director, 16 without fee, to (i) any individual officially employed in the 17 wildlife and fish or conservation department of another state 18 or of the United States who is within the State to assist or 19 consult or cooperate with the Director or (ii) the officials 20 of other states, the United States, foreign countries, or 21 officers or representatives of conservation organizations or 22 publications while in the State as guests of the Governor or 23 Director. 24 (c) The Director may issue special fishing permits 25 without cost to groups of hospital patients or handicapped 26 individuals for use on specified dates in connection with 27 supervised fishing for therapy. 28 (d) Veterans who, according to the determination of the 29 Veterans' Administration as certified by the Department of 30 Veterans' Affairs, are at least 10% disabled with 31 service-related disabilities or in receipt of total 32 disability pensions may fish with sport fishing devices 33 during those periods of the year it is lawful to do so 34 without being required to have a license, on the condition -5- LRB9007301MWpcam 1 that their respective disabilities do not prevent them from 2 fishing in a manner which is safe to themselves and others. 3 (e) Each year the Director may designate a period, not 4 to exceed 4 days in duration, when sport fishermen may fish 5 waters wholly or in part within the jurisdiction of the 6 State, including that part of Lake Michigan under the 7 jurisdiction of the State, and not be required to obtain the 8 license or stamp required by subsection (a) of this Section, 9 Section 20-10 or subsection (a) of Section 20-55. The term of 10 any such period shall be established by administrative rule. 11 This subsection shall not apply to commercial fishing. 12 (f) The Director may issue special fishing permits 13 without cost for a group event, restricted to specific dates 14 and locations if it is determined by the Department that the 15 event is beneficial in promoting sport fishing in Illinois. 16 (Source: P.A. 88-91; 89-66, eff. 1-1-96.) 17 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45) 18 Sec. 20-45. License fees for residents. Fees for 19 licenses for residents of the State of Illinois shall be as 20 follows: 21 (a) Except as otherwise provided in this Section, 22 for sport fishing devices as defined in Section 10-95 or 23 spearing devices as defined in Section 10-110 the fee is 24 $12.50 for individuals 16 to 64 years old, and one-half 25 of the current fishing license fee for individuals age 65 26 or older, commencing with the 1994 license year. 27 (b) All residents before using any commercial 28 fishing device shall obtain a commercial fishing license, 29 the fee for which shall be $35. Each and every commercial 30 device used shall be licensed by a resident commercial 31 fisherman as follows: 32 (1) For each 100 lineal yards, or fraction 33 thereof, of seine the fee is $18. For each minnow -6- LRB9007301MWpcam 1 seine, minnow trap, or net for commercial purposes 2 the fee is $20. 3 (2) For each device to fish with a 100 hook 4 trot line device, basket trap, hoop net, or dip net 5 the fee is $3. 6 (3) When used in the waters of Lake Michigan, 7 for the first 2000 lineal feet, or fraction thereof, 8 of gill net the fee is $10; and for each 1000 9 additional lineal feet, or fraction thereof, the fee 10 is $10. These fees shall apply to all gill nets in 11 use in the water or on drying reels on the shore. 12 (4) For each 100 lineal yards, or fraction 13 thereof, of gill net or trammel net the fee is $18. 14 (c) Residents of the State of Illinois may obtain a 15 sportsmen's combination license that shall entitle the 16 holder to the same non-commercial fishing privileges as 17 residents holding a license as described in subsection 18 (a) of this Section and to the same hunting privileges as 19 residents holding a license to hunt all species as 20 described in Section 3.1 of the Wildlife Code. No 21 sportsmen's combination license shall be issued to any 22 individual who would be ineligible for either the fishing 23 or hunting license separately. The sportsmen's 24 combination license fee shall be $18.50. For residents 25 age 65 or older, the fee is one-half of the fee charged 26 for a sportsmen's combination license. 27 (d) For 24 hours of fishing one day for fishing in28 Lake Michiganby sport fishing devices as defined in 29 Section 10-95 or by spearing devices as defined in 30 Section 10-110 the fee is $5. This license exempts the 31 licensee from the requirement for a salmon or inland 32 trout stamp. The licenses provided for by this subsection 33 are not required for residents of the State of Illinois 34 who have obtained the license provided for in subsection -7- LRB9007301MWpcam 1 (a) of this Section. 2 (e) All residents before using any commercial 3 mussel device shall obtain a commercial mussel license, 4 the fee for which shall be $50. 5 (f) Residents of this State, upon establishing 6 residency as required by the Department, may obtain a 7 lifetime hunting or fishing license or lifetime 8 sportsmen's combination license which shall entitle the 9 holder to the same non-commercial fishing privileges as 10 residents holding a license as described in paragraph (a) 11 of this Section and to the same hunting privileges as 12 residents holding a license to hunt all species as 13 described in Section 3.1 of the Wildlife Code. No 14 lifetime sportsmen's combination license shall be issued 15 to or retained by any individual who would be ineligible 16 for either the fishing or hunting license separately, 17 either upon issuance, or in any year a violation would 18 subject an individual to have either or both fishing or 19 hunting privileges rescinded. The lifetime hunting and 20 fishing license fees shall be as follows: 21 (1) Lifetime fishing: 30 x the current 22 fishing license fee. 23 (2) Lifetime hunting: 30 x the current 24 hunting license fee. 25 (3) Lifetime sportsmen's combination license: 26 30 x the current sportsmen's combination license 27 fee. 28 Lifetime licenses shall not be refundable. A $10 fee 29 shall be charged for reissuing any lifetime license. The 30 Department may establish rules and regulations for the 31 issuance and use of lifetime licenses and may suspend or 32 revoke any lifetime license issued under this Section for 33 violations of those rules or regulations or other provisions 34 under this Code or the Wildlife Code. Individuals under 16 -8- LRB9007301MWpcam 1 years of age who possess a lifetime hunting or sportsmen's 2 combination license shall have in their possession, while in 3 the field, a certificate of competency as required under 4 Section 3.2 of the Wildlife Code. Any lifetime license 5 issued under this Section shall not exempt individuals from 6 obtaining additional stamps or permits required under the 7 provisions of this Code or the Wildlife Code. Individuals 8 required to purchase additional stamps shall sign the stamps 9 and have them in their possession while fishing or hunting 10 with a lifetime license. All fees received from the issuance 11 of lifetime licenses shall be deposited in the Fish and 12 Wildlife Endowment Fund. 13 Except for licenses issued under subsection (e) of this 14 Section, all licenses provided for in this Section shall 15 expire on March 31 of each year, except that the license 16 provided for in subsection (d) of this Section shall expire 17 24 hours after the effective date and time listed on the face 18 of the license at midnight on the day for which the license19 was issued. 20 All individuals required to have and failing to have the 21 license provided for in subsection (a) or (d) of this Section 22 shall be fined according to the provisions of Section 20-35 23 of this Code. 24 All individuals required to have and failing to have the 25 licenses provided for in subsections (b) and (e) of this 26 Section shall be guilty of a Class B misdemeanor. 27 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.) 28 (515 ILCS 5/20-55) (from Ch. 56, par. 20-55) 29 Sec. 20-55. License fees for non-residents. Fees for 30 licenses for non-residents of the State of Illinois are as 31 follows: 32 (a) For sport fishing devices as defined by Section 33 10-95, or spearing devices as defined in Section 10-110, -9- LRB9007301MWpcam 1 non-residents age 16 or older shall be charged $24 for a 2 fishing license to fish. For sport fishing devices as defined 3 by Section 10-95, or spearing devices as defined in Section 4 10-110, for a period not to exceed 10 consecutive days 5 fishing in the State of Illinois the fee is $12.50. 6 For sport fishing devices as defined in Section 10-95, or 7 spearing devices as defined in Section 10-110, for 24 hours 8 of fishing one day for fishing in Lake Michiganthe fee is 9 $5. This license exempts the licensee from the salmon or 10 inland trout stamp requirement. 11 (b) All non-residents before using any commercial 12 fishing device shall obtain a non-resident commercial fishing 13 license, the fee for which shall be $150. Each and every 14 commercial device shall be licensed by a non-resident 15 commercial fisherman as follows: 16 (1) For each 100 lineal yards, or fraction thereof, 17 of seine (excluding minnow seines) the fee is $36. 18 (2) For each device to fish with a 100 hook trot 19 line device, basket trap, hoop net, or dip net the fee is 20 $6. 21 (3) For each 100 lineal yards, or fraction thereof, 22 of trammel net the fee is $36. 23 (4) For each 100 lineal yards, or fraction thereof, 24 of gill net the fee is $36. 25 All persons required to have and failing to have the 26 license provided for in subsection (a) of this Section shall 27 be fined under Section 20-35 of this Code. Each person 28 required to have and failing to have the licenses required 29 under subsection (b) of this Section shall be guilty of a 30 Class B misdemeanor. 31 All licenses provided for in this Section shall expire on 32 March 31 of each year; except that the 24-hour license for 33 sport fishing devices or spearing devices shall expire 24 34 hours after the effective date and time listed on the face of -10- LRB9007301MWpcam 1 the license and licenses for sport fishing devices or 2 spearing devices for a period not to exceed 10 consecutive 3 days fishing in the State of Illinois as provided in 4 subsection (a) of this Section shall expire at midnight on 5 the tenth day after issued, not counting the day issued. 6 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.) 7 (515 ILCS 5/20-120) (from Ch. 56, par. 20-120) 8 Sec. 20-120. Designation of agents; liability; bond. The 9 Department of Natural Resources has the authority to 10 designate agents to sell licenses, stamps, and permits on 11 behalf of the Department. Any person receiving licenses from 12 the Department for sale as provided in this Section (i) shall 13 execute and deliver receipts for the licenses; (ii) shall, on 14 dates specified by the Department, report in writing to the 15 Department the number and kinds of licenses sold; and (iii) 16 shall, with the report, make remittance to the Department 17 covering the amounts due it from the sales. Failure on the 18 part of any clerk or agent to fully comply with the 19 provisions of this Code, including administrative rules, 20 shall be justification for the Department to cancel or 21 withdraw the issuance of licenses through that clerk or 22 agent. A salmon stamp shall be deemed a license for the 23 purposes of this Section. 24 (a) Any person appointed or designated by the Department 25 including any county, city, village, township, or 26 incorporated town clerk issuing licenses provided for in this 27 Code may add the fees provided in paragraph (b) as the fee 28 for issuing the licenses. These clerks, however, shall remit 29 to the treasurer of the political subdivision of which he or 30 she is an officer or employee, the added fees or any portion 31 of the added fees he or she collects provided in paragraph 32 (b). Issuing fees may be divided between the clerks and their 33 appointed subagents other than employees of the clerk's -11- LRB9007301MWpcam 1 office, but in no case may any clerk or subagent charge an 2 issuing fee or fees totaling more than the issuing fee set 3 out in this Section. 4 (b) Any person authorized to issue licenses under 5 subsection (a) may add to the license fee a fee of $.75 in 6 the case of Sportsmen's Combination Licenses or nonresident 7 hunting licenses, and $.50 in the case of all other licenses, 8 permits, and stamps. 9 (c) No person or subagent of any county, city, village, 10 township, or incorporated town clerk may charge a service fee 11 for issuing licenses provided for in this Code, and the 12 charging of fees for issuing licenses in excess of the fees 13 authorized is a petty offense. Any person authorized to issue 14 licenses by telephone and electronic transmission or 15 incurring costs for customer convenience may charge in 16 addition to the "issuing fee" authorized by this Section a 17 fee not to exceed an amount set by the Department, by 18 administrative rule, to cover the transaction cost. 19 (d) All fees, less issuing fees, collected from the sale 20 of licenses and permits and not remitted to the Department as 21 provided in this Section shall be deemed to have been 22 embezzled and the person or officer responsible for the 23 remittance is subject to prosecution. No person handling or 24 selling licenses is required to remit for any license now or 25 hereafter stolen, by means of forcible entry, or destroyed by 26 a fire in the premises where the licenses are kept, if he or 27 she submits an affidavit to the Department describing the 28 circumstances of the theft or cause of the destruction and 29 listing in the affidavit the type and numbers of the licenses 30 so stolen or destroyed. 31 (e) Within 30 days after the expiration of the time in 32 which any class of license is usable, payment for licenses 33 sold shall be made in full to the Department and persons 34 possessing unused license forms shall return them to the -12- LRB9007301MWpcam 1 Department prepaid. 2 (f) No person is permitted to make deductions from 3 remittances sent to the Department for postage or for the 4 cost of, or fees for, drafts or money orders. 5 (g) Any county, city, village, township, or incorporated 6 town clerk handling or selling licenses as provided in this 7 Section is liable to the State personally. All other persons 8 designated or appointed by the Department to handle or sell 9 licenses as provided in this Section shall, before receiving 10 any licenses for sale, file with the Department a bond in an 11 amount specified by the Department on a form to be approved 12 by and with a surety or sureties satisfactory to the 13 Department conditioned upon the person or persons paying to 14 the State of Illinois all monies becoming due by reason of 15 the sale of the licenses. 16 (h) No person shall falsify, alter, or change in any 17 manner, or loan or transfer to another, any license, permit, 18 or tag issued under this Section or falsify any records 19 required by this Code or counterfeit or duplicate any form of 20 license, permit, or tag provided for by this Code. Any person 21 who violates this subsection shall be subject to the penalty 22 provisions of Section 20-35 of this Code. 23 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.) 24 Section 5. The Wildlife Code is amended by changing 25 Sections 2.33, 2.36a, 3.1, 3.5, 3.37, and 3.39 as follows: 26 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33) 27 Sec. 2.33. Prohibitions. 28 (a) It is unlawful to carry or possess any gun in any 29 State refuge unless otherwise permitted by administrative 30 rule. 31 (b) It is unlawful to use or possess any snare or 32 snare-like device, deadfall, net, or pit trap to take any -13- LRB9007301MWpcam 1 species, except that snares not powered by springs or other 2 mechanical devices may be used to trap fur-bearing mammals, 3 in water sets only, if at least one-half of the snare noose 4 is located underwater at all times. 5 (c) It is unlawful for any person at any time to take a 6 wild mammal protected by this Act from its den by means of 7 any mechanical device, spade, or digging device or to use 8 smoke or other gases to dislodge or remove such mammal except 9 as provided in Section 2.37. 10 (d) It is unlawful to use a ferret or any other small 11 mammal which is used in the same or similar manner for which 12 ferrets are used for the purpose of frightening or driving 13 any mammals from their dens or hiding places. 14 (e) (Blank). It is unlawful to use any recording or15 electronic calling device to attract or attempt to attract,16 or to take or attempt to take, any of the wild mammals, wild17 birds or fur-bearing mammals protected by this Act between18 sunset and sunrise.19 (f) It is unlawful to use spears, gigs, hooks or any 20 like device to take any species protected by this Act. 21 (g) It is unlawful to use poisons, chemicals or 22 explosives for the purpose of taking any species protected by 23 this Act. 24 (h) It is unlawful to hunt adjacent to or near any peat, 25 grass, brush or other inflammable substance when it is 26 burning. 27 (i) It is unlawful to take, pursue or intentionally 28 harass or disturb in any manner any wild birds or mammals by 29 use or aid of any vehicle or conveyance. It is also unlawful 30 to use the lights of any vehicle or conveyance or any light 31 from or any light connected to such vehicle or conveyance in 32 any area where wildlife may be found except in accordance 33 with Section 2.37 of this Act, however, nothing in this 34 Section shall prohibit the normal use of headlamps for the -14- LRB9007301MWpcam 1 purpose of driving upon a roadway and except that striped 2 skunk, opossum, red fox, gray fox, raccoon and coyote may be 3 taken during the open season by use of a small light which is 4 worn on the body or hand-held by a person on foot and not in 5 any vehicle. 6 (j) It is unlawful to use any shotgun larger than 10 7 gauge while taking or attempting to take any of the species 8 protected by this Act. 9 (k) It is unlawful to use or possess in the field any 10 shotgun shell loaded with a shot size larger than lead BB or 11 steel T (.20 diameter) when taking or attempting to take any 12 species of wild game mammals (excluding white-tailed deer), 13 wild game birds, wild fur-bearing mammals,migratory 14 waterfowl or migratory game birds protected by this Act, 15 except white-tailed deer as provided for in Section 2.26 and 16 other species as provided for by subsection (l) or 17 administrative rule. 18 (l) It is unlawful to take any species of wild game, 19 except white-tailed deer, with a shotgun loaded with rifled20 slugs unless otherwise provided for by administrative rule. 21 (m) It is unlawful to use any shotgun capable of holding 22 more than 3 shells in the magazine or chamber combined, 23 except on game breeding and hunting preserve areas licensed 24 under Section 3.27. If the shotgun is capable of holding 25 more than 3 shells, it shall, while being used on an area 26 other than a game breeding and shooting preserve area 27 licensed pursuant to Section 3.27, be fitted with a one piece 28 plug that is irremovable without dismantling the shotgun or 29 otherwise altered to render it incapable of holding more than 30 3 shells in the magazine and chamber, combined. 31 (n) It is unlawful for any person, except persons 32 permitted by law, to have or carry any gun in or on any 33 vehicle, conveyance or aircraft, unless such gun is unloaded 34 and enclosed in a case, except that at field trials -15- LRB9007301MWpcam 1 authorized by Section 2.34 of this Act, unloaded guns or guns 2 loaded with blank cartridges only, may be carried on 3 horseback while not contained in a case, or to have or carry 4 any bow or arrow device in or on any vehicle unless such bow 5 or arrow device is unstrung or enclosed in a case, or 6 otherwise made inoperable. 7 (o) It is unlawful to use any crossbow for the purpose 8 of taking any wild birds or mammals, except as provided for 9 in Section 2.33. 10 (p) It is unlawful to take game birds, migratory game 11 birds or migratory waterfowl with a rifle, pistol, revolver 12 or airgun. 13 (q) It is unlawful to fire a rifle, pistol, revolver or 14 airgun on, over or into any waters of this State, including 15 frozen waters. 16 (r) It is unlawful to discharge any gun or bow and arrow 17 device along, upon, across, or from any public right-of-way 18 or highway in this State. 19 (s) It is unlawful to use a silencer or other device to 20 muffle or mute the sound of the explosion or report resulting 21 from the firing of any gun. 22 (t) It is unlawful for any person to trap or hunt, or 23 allow a dog to hunt, within or upon the land of another, or 24 upon waters flowing over or standing on the land of another, 25 without first obtaining permission from the owner or tenant. 26 It shall be prima facie evidence that a person does not have 27 permission of the owner or tenant if the person is unable to 28 demonstrate to the law enforcement officer in the field that 29 permission had been obtained. This provision may only be 30 rebutted by testimony of the owner or tenant that permission 31 had been given. Before enforcing this Section the law 32 enforcement officer must have received notice from the owner 33 or tenant of a violation of this Section. Statements made to 34 the law enforcement officer regarding this notice shall not -16- LRB9007301MWpcam 1 be rendered inadmissible by the hearsay rule when offered for 2 the purpose of showing the required notice. 3 (u) It is unlawful for any person to discharge any 4 firearm for the purpose of taking any of the species 5 protected by this Act, or hunt with gun or dog, or allow a 6 dog to hunt, within 300 yards of an inhabited dwelling 7 without first obtaining permission from the owner or tenant, 8 except that while trapping, hunting with bow and arrow, 9 hunting with dog and shotgun using shot shells only, or 10 hunting with shotgun using shot shells only, or on licensed 11 game breeding and hunting preserve areas, as defined in 12 Section 3.27, on property operated under a Migratory 13 Waterfowl Hunting Area Permit, on federally owned and managed 14 lands and on Department owned, managed, leased or controlled 15 lands, a 100 yard restriction shall apply. 16 (v) It is unlawful for any person to remove fur-bearing 17 mammals from, or to move or disturb in any manner, the traps 18 owned by another person without written authorization of the 19 owner to do so. 20 (w) It is unlawful for any owner of a dog to knowingly 21 or wantonly allow his or her dog to pursue, harass or kill 22 deer. 23 (x) It is unlawful for any person to wantonly or 24 carelessly injure or destroy, in any manner whatsoever, any 25 real or personal property on the land of another while 26 engaged in hunting or trapping thereon. 27 (y) It is unlawful to hunt wild game protected by this 28 Act between half hour after sunset and half hour before 29 sunrise except that hunting hours between half hour after 30 sunset and half hour before sunrise may be established by 31 administrative rule for fur-bearing mammals. 32 (z) It is unlawful to take any game bird (excluding wild 33 turkeys and crippled pheasants not capable of normal flight 34 and otherwise irretrievable) , migratory game birds or-17- LRB9007301MWpcam 1 migratory waterfowlprotected by this Act when not flying. 2 Nothing in this Section shall prohibit a person from carrying 3 an uncased, unloaded shotgun in a boat, while in pursuit of a 4 crippled migratory waterfowl that is incapable of normal 5 flight, for the purpose of attempting to reduce the migratory 6 waterfowl to possession, provided that the attempt is made 7 immediately upon downing the migratory waterfowl and is done 8 within 400 200yards of the blind from which the migratory 9 waterfowl was downed. This exception shall apply only to 10 migratory game birds that are not capable of normal flight. 11 Migratory waterfowl that are crippled may be taken only with 12 a shotgun as regulated by subsection (j) of this Section 13 using shotgun shells as regulated in subsection (k) of this 14 Section. 15 (aa) It is unlawful to use or possess any device that 16 may be used for tree climbing or cutting, while hunting 17 fur-bearing mammals. 18 (bb) It is unlawful for any person, except licensed game 19 breeders, pursuant to Section 2.29 to import, carry into or 20 possess alive in this State, any species of wildlife taken 21 outside of this State without obtaining permission to do so 22 from the Director. 23 (cc) It is unlawful for any person to have in their 24 possession any freshly killed species protected by this Act 25 during the season closed for taking. 26 (dd) It is unlawful to take any species protected by 27 this Act and retain it alive. 28 (ee) It is unlawful to possess any rifle while in the 29 field during gun deer season except as provided in Section 30 2.26 and administrative rules. 31 (ff) It is unlawful for any person to take any species 32 protected by this Act, except migratory waterfowl, during the 33 gun deer hunting season in those counties open to gun deer 34 hunting, unless he wears, when in the field, a cap and upper -18- LRB9007301MWpcam 1 outer garment of a solid blaze orange color, with such 2 articles of clothing displaying a minimum of 400 square 3 inches of blaze orange material. 4 (gg) It is unlawful during the upland game season for 5 any person to take upland game with a firearm unless he or 6 she wears, while in the field, a cap of solid blaze orange 7 color. For purposes of this Act, upland game is defined as 8 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant, 9 Eastern Cottontail and Swamp Rabbit. 10 (hh) It shall be unlawful to kill or cripple any species 11 protected by this Act for which there is a daily bag limit 12 without making a reasonable effort to retrieve such species 13 and include such in the daily bag limit. 14 This Section shall apply only to those species protected 15 by this Act taken within the State. Any species or any parts 16 thereof, legally taken in and transported from other states 17 or countries may be possessed within the State, except as 18 provided in this Section and Sections 2.35, 2.36 and 3.21. 19 Nothing contained in this Section shall prohibit the use 20 of bow and arrow, or prevent the Director from issuing 21 permits to use a crossbow to take deerto handicapped 22 persons. As used herein, "handicapped persons" means those 23 persons who have a permanent physical impairment due to 24 injury or disease, congenital or acquired, which renders them 25 so severely disabled as to be unable to use a conventional 26 bow and arrow device. Permits will be issued only after the 27 receipt of a physician's statement confirming the applicant 28 is handicapped as defined above. 29 Nothing contained in this Section shall prohibit the 30 Director from issuing permits to paraplegics or persons 31 physically unable to walk, to shoot or hunt from a standing 32 vehicle, provided that such is otherwise in accord with this 33 Act. 34 Nothing contained in this Act shall prohibit the taking -19- LRB9007301MWpcam 1 of aquatic life protected by the Fish Code or birds and 2 mammals protected by this Act, except deer and fur-bearing 3 mammals, from a boat not camouflaged or disguised to alter 4 its identity or to further provide a place of concealment and 5 not propelled by sail or mechanical power. However, only 6 shotguns not larger than 10 gauge nor smaller than .410 bore 7 loaded with not more than 3 shells of a shot size no larger 8 than lead BB or steel T (.20 diameter) may be used to take 9 species protected by this Act. 10 Nothing contained in this Act shall prohibit the use of a 11 shotgun, not larger than 10 gauge nor smaller than a 20 12 gauge, with a rifled barrel. 13 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff. 14 8-17-95.) 15 (520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a) 16 Sec. 2.36a. Value of protected species; violations. 17 (a) Any person who, for profit or commercial purposes, 18 knowingly captures or kills, possesses, offers for sale, 19 sells, offers to barter, barters, offers to purchase, 20 purchases, delivers for shipment, ships, exports, imports, 21 causes to be shipped, exported, or imported, delivers for 22 transportation, transports or causes to be transported, 23 carries or causes to be carried, or receives for shipment, 24 transportation, carriage, or export any animal or part of 25 animal of the species protected by this Act, contrary to the 26 provisions of this Act, and such animals, in whole or in 27 part, are valued at or in excess of a total of $300, as per 28 specie value specified in subsection (c) of this Section, 29 commits a Class 3 felony. 30 A person shall be guilty of a Class 4 felony if convicted 31 under this Section for more than one violation within a 32 90-day period where the animals of each violation are not 33 valued at or in excess of $300, but the total value of the -20- LRB9007301MWpcam 1 animals from the multiple violations is at or in excess of 2 $300. The prosecution for a Class 4 felony for these 3 multiple violations must be alleged in a single charge or 4 indictment and brought in a single prosecution. 5 (b) Possession of animals, in whole or in part, captured 6 or killed in violation of this Act, valued at or in excess of 7 $600, as per specie value specified in subsection (c) of this 8 Section, shall be considered prima facie evidence of 9 possession for profit or commercial purposes. 10 (c) For purposes of this Section, the fair market value 11 or replacement cost, whichever is greater, shall be used to 12 determine the value of the species protected by this Act, but 13 in no case shall the minimum thevalue of all species 14 protected by this Act be less than areas follows: 15 (1) BaldEagle, $500 $200; 16 (2) Whitetail deer and wild turkey, $250 $145; 17 (3) Fur-bearing mammals, $25; 18 (4) Game birds ,(except the wild turkey) and ,19 migratory game birds (except Trumpeter swans), $25 20 resident and migratory non-game birds (except bald eagle21 and those listed in (5) below), game mammals (except22 whitetail deer), and non-game mammals, $10; 23 (5) Eagles,Owls, hawks, falcons, kites, harriers, 24 and ospreys, and other birds of prey $125; .25 (6) Game mammals (except whitetail deer), $25; 26 (7) Other mammals, $50; 27 (8) Resident and migratory non-game birds (except 28 birds of prey), $50; 29 (9) Trumpeter swans, $250. 30 (Source: P.A. 87-435.) 31 (520 ILCS 5/3.1) (from Ch. 61, par. 3.1) 32 Sec. 3.1. License and stamps required. 33 (a) Before any person shall take or attempt to take any -21- LRB9007301MWpcam 1 of the species protected by Section 2.2 for which an open 2 season is established under this Act, he shall first have 3 procured and possess a valid hunting license. 4 Before any person 16 years of age or older shall take or 5 attempt to take any bird of the species defined as migratory 6 waterfowl by Section 2.2, including coots, he shall first 7 have procured a State Migratory Waterfowl Stamp. 8 Before any person 16 years of age or older takes, 9 attempts to take, or pursues any species of wildlife 10 protected by this Code, except migratory waterfowl, coots, 11 and hand-reared birds on licensed game breeding and hunting 12 preserve areas and state controlled pheasant hunting areas, 13 he or she shall first obtain a State Habitat Stamp. Disabled 14 veterans and former prisoners of war shall not be required to 15 obtain State Habitat Stamps. Any person who obtained a 16 lifetime license before January 1, 1993, shall not be 17 required to obtain State Habitat Stamps. Income from the sale 18 of State Furbearer Stamps and State Pheasant Stamps received 19 after the effective date of this amendatory Act of 1992 shall 20 be deposited into the State Furbearer Fund and State Pheasant 21 Fund, respectively. 22 Before any person 16 years of age or older shall take, 23 attempt to take, or sell the green hide of any mammal of the 24 species defined as fur-bearing mammals by Section 2.2 for 25 which an open season is established under this Act, he shall 26 first have procured a State Habitat Stamp. 27 (b) Before any person who is a non-resident of the State 28 of Illinois shall take or attempt to take any of the species 29 protected by Section 2.2, except white-tailed deer or wild 30 turkey, for which an open season is established under this 31 Act, he shall, unless specifically exempted by law, first 32 procure a non-resident license as provided by this Act for 33 the taking of any wild game. 34 Before a nonresident shall take or attempt to take -22- LRB9007301MWpcam 1 white-tailed deer, he shall first have procured a Deer 2 Hunting Permit as defined in Section 2.26 of this Code. 3 Before a nonresident shall take or attempt to take wild 4 turkeys, he shall have procured a Wild Turkey Hunting Permit 5 as defined in Section 2.11 of this Code. 6 (c) The owners residing on, or bona fide tenants of, 7 farm lands and their children, parents, brothers, and sisters 8 actually permanently residing on their lands shall have the 9 right to hunt any of the species protected by Section 2.2 10 upon their lands and waters without procuring hunting 11 licenses; but the hunting shall be done only during periods 12 of time and with devices and by methods as are permitted by 13 this Act. Any person on active duty with the Armed Forces of 14 the United States who is now and who was at the time of 15 entering the Armed Forces a resident of Illinois and who 16 entered the Armed Forces from this State, and who is 17 presently on ordinary leave from the Armed Forces, and any 18 resident of Illinois who is disabled may hunt any of the 19 species protected by Section 2.2 without procuring a hunting 20 license, but the hunting shall be done only during such 21 periods of time and with devices and by methods as are 22 permitted by this Act. For the purpose of this Section a 23 person is disabled when that person has a Type 1 or Type 4, 24 Class 2 disability as defined in Section 4A of the Illinois 25 Identification Card Act. For purposes of this Section, an 26 Illinois Disabled Person Identification Card issued pursuant 27 to the Illinois Identification Card Act indicating that the 28 person named has a Type 1 or Type 4, Class 2 disability shall 29 be adequate documentation of the disability. 30 (d) A courtesy non-resident license, permit, or stamp 31 for taking game may be issued at the discretion of the 32 Director, without fee, to any person officially employed in 33 the game and fish or conservation department of another state 34 or of the United States who is within the State to assist or -23- LRB9007301MWpcam 1 consult or cooperate with the Director; or to the officials 2 of other states, the United States, foreign countries, or 3 officers or representatives of conservation organizations or 4 publications while in the State as guests of the Governor or 5 Director. The Director may provide to nonresident 6 participants and official gunners at field trials an 7 exemption from licensure while participating in a field 8 trial. 9 (e) State Migratory Waterfowl Stamps shall be required 10 for those persons qualifying under subsections (c) and (d) 11 who intend to hunt migratory waterfowl, including coots, to 12 the extent that hunting licenses of the various types are 13 authorized and required by this Section for those persons. 14 (f) Registration in the U.S. Fish and Wildlife Migratory 15 Bird Harvest Information Program shall be required for those 16 persons who are required to have a hunting license before 17 taking or attempting to take any bird of the species defined 18 as migratory game birds by Section 2.2, except that this 19 subsection shall not apply to crows in this State or 20 hand-reared birds on licensed game breeding and hunting 21 preserve areas, for which an open season is established by 22 this Act. Persons registering with the Program must carry 23 proof of registration with them while migratory bird hunting. 24 The Department shall publish suitable prescribed 25 regulations pertaining to registration by the migratory bird 26 hunter in the U.S. Fish and Wildlife Service Migratory Bird 27 Harvest Information Program. 28 (Source: P.A. 88-45; 88-91; 89-341, eff. 8-17-95.) 29 (520 ILCS 5/3.5) (from Ch. 61, par. 3.5) 30 Sec. 3.5. Penalties; probation. 31 (a) Any person who violates any of the provisions of 32 Section 2.36a, including administrative rules, shall be 33 guilty of a Class 3 felony, except as otherwise provided in -24- LRB9007301MWpcam 1 subsection (b) of this Section and subsection (a) of Section 2 2.36a. 3 (b) Whenever any person who has not previously been 4 convicted of, or placed on probation or court supervision 5 for, any offense under Section 1.22, 2.36, or 2.36a or 6 subsection (i) or (cc) of Section 2.33, the court may, 7 without entering a judgment and with the person's consent, 8 sentence the person to probation for a violation of Section 9 2.36a. 10 (1) When a person is placed on probation, the court 11 shall enter an order specifying a period of probation of 12 24 months and shall defer further proceedings in the case 13 until the conclusion of the period or until the filing of 14 a petition alleging violation of a term or condition of 15 probation. 16 (2) The conditions of probation shall be that the 17 person: 18 (A) Not violate any criminal statute of any 19 jurisdiction. 20 (B) Perform no less than 30 hours of community 21 service, provided community service is available in 22 the jurisdiction and is funded and approved by the 23 county board. 24 (3) The court may, in addition to other conditions: 25 (A) Require that the person make a report to 26 and appear in person before or participate with the 27 court or courts, person, or social service agency as 28 directed by the court in the order of probation. 29 (B) Require that the person pay a fine and 30 costs. 31 (C) Require that the person refrain from 32 possessing a firearm or other dangerous weapon. 33 (D) Prohibit the person from associating with 34 any person who is actively engaged in any of the -25- LRB9007301MWpcam 1 activities regulated by the permits issued or 2 privileges granted by the Department of Natural 3 Resources. 4 (4) Upon violation of a term or condition of 5 probation, the court may enter a judgment on its original 6 finding of guilt and proceed as otherwise provided. 7 (5) Upon fulfillment of the terms and conditions of 8 probation, the court shall discharge the person and 9 dismiss the proceedings against the person. 10 (6) A disposition of probation is considered to be 11 a conviction for the purposes of imposing the conditions 12 of probation, for appeal, and for administrative 13 revocation and suspension of licenses and privileges; 14 however, discharge and dismissal under this Section is 15 not a conviction for purposes of disqualification or 16 disabilities imposed by law upon conviction of a crime. 17 (7) Discharge and dismissal under this Section may 18 occur only once with respect to any person. 19 (8) If a person is convicted of an offense under 20 this Act within 5 years subsequent to a discharge and 21 dismissal under this Section, the discharge and dismissal 22 under this Section shall be admissible in the sentencing 23 proceeding for that conviction as a factor in 24 aggravation. 25 (9) The Circuit Clerk shall notify the Department 26 of State Police of all persons convicted of or placed 27 under probation for violations of Section 2.36a. 28 (c) Any person who violates any of the provisions of 29 Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, 30 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), 31 and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21, 32 and 3.24 - 3.26, including administrative rules, shall be 33 guilty of a Class B misdemeanor. 34 Any person who violates any of the provisions of Sections -26- LRB9007301MWpcam 1 1.22, 2.4, 2.36 and 2.38, including administrative rules, 2 shall be guilty of a Class A misdemeanor. Any second or 3 subsequent violations of Sections 2.4 and 2.36 shall be a 4 Class 4 felony. 5 Any person who violates any of the provisions of this 6 Act, including administrative rules, during such period when 7 his license, privileges, or permit is revoked or denied by 8 virtue of Section 3.36, shall be guilty of a Class A 9 misdemeanor. 10 Any person who violates subsection (g), (i), (o), (p), 11 (y), or (cc) of Section 2.33 shall be guilty of a Class A 12 misdemeanor and subject to a fine of no less than $500 and no 13 more than $5,000 in addition to other statutory penalties. 14 Any person who violates any other of the provisions of 15 this Act including administrative rules, unless otherwise 16 stated, shall be guilty of a petty offense. Offenses 17 committed by minors under the direct control or with the 18 consent of a parent or guardian may subject the parent or 19 guardian to the penalties prescribed in this Section. 20 In addition to any fines imposed pursuant to the 21 provisions of this Section or as otherwise provided in this 22 Act, any person found guilty of unlawfully taking or 23 possessing any species protected by this Act, shall be 24 assessed a civil penalty for such species in accordance with 25 the values prescribed in Section 2.36a of this Act. This 26 civil penalty shall be imposed by the Circuit Court for the 27 county within which the offense was committed at the time of 28 the conviction. All penalties provided for in this Section 29 shall be remitted to the Department in accordance with the 30 same provisions provided for in Section 1.18 of this Act. 31 (Source: P.A. 86-354; 86-1039; 87-798.) 32 (520 ILCS 5/3.37) (from Ch. 61, par. 3.37) 33 Sec. 3.37. The Department of Natural Resources has the -27- LRB9007301MWpcam 1 authority to designate agents to sell licenses, stamps and 2 permits on behalf of the Department. Any person receiving 3 licenses from the Department for sale as provided for in this 4 Section, shall execute and deliver receipts therefor; and 5 shall on dates specified by the Department report in writing 6 to the Department the number and kind of licenses sold, and 7 shall, with such reports, make remittances to the Department 8 covering the amounts received from such sales. Failure on the 9 part of any clerk or agent to fully comply with this Act, 10 including administrative rules, shall be justification for 11 the Department to cancel or withdraw the issuance of licenses 12 through such clerks or agents. A Federal Migratory Bird 13 Hunting and Conservation Stamp shall be deemed a license for 14 the purpose of this Section. Any person authorized by the 15 Department including any county, city, village, township, or 16 incorporated town clerk issuing licenses, permits or stamps 17 provided for in this Act, may add the following as the fees 18 for issuing such licenses: 75 cents in the case of 19 Sportsmen's Combination Licenses or nonresident hunting 20 licenses, and 50 cents in the case of all other licenses, 21 permits and stamps. However, such clerks shall remit to the 22 treasurer of the political subdivision of which he is an 23 officer or employee, the added fees or any portion thereof he 24 or she collects provided in this Section. Issuing fees may 25 be divided between such clerks and their appointed subagents 26 other than employees of the clerk's office, but in no case 27 may any clerk or subagent charge an issuing fee or fees 28 totaling more than the issuing fee set out in this Section. 29 No person, or subagent of any county, city, village, township 30 or incorporated town clerk may charge a service fee for 31 issuing licenses provided for in this Act, and the charging 32 of fees for issuing such licenses in excess of the fees 33 authorized is a petty offense. All fees, less issuing fees, 34 collected from the sale of licenses and permits and not -28- LRB9007301MWpcam 1 remitted to the Department as provided in this Section, shall 2 be deemed to have been embezzled and the person or officer 3 responsible for such remittance is subject to prosecution. 4 Any person authorized to issue licenses by telephone and 5 electronic transmission or incurring costs for customer 6 convenience may charge in addition to the "issuing fee" 7 authorized by this Section a fee not to exceed an amount set 8 by the Department, by administrative rule, to cover the 9 transaction cost. 10 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.) 11 (520 ILCS 5/3.39) (from Ch. 61, par. 3.39) 12 Sec. 3.39. Residents of the State of Illinois may obtain 13 a Sportsmen's Combination License which shall entitle the 14 holder to the same non-commercial fishing privileges as 15 residents holding a fishing license described in subparagraph 16 (a) of Section 20-45 of the Fish and Aquatic Life Code, and 17 to the same hunting privileges as residents holding a license 18 to hunt all species, as described in Section 3.1 of this Act. 19 However, no Sportsmen's Combination License shall be issued 20 to any person who would be ineligible for either the fishing 21 or hunting license separately. The Sportsmen's Combination 22 License fee shall be $18.50. For residents age 65 or older, 23 the fee is one-half of the fee charged for a Sportsmen's 24 Combination License. 25 (Source: P.A. 87-895; 88-91.)".
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