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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 Lake
19 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
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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,
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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
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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
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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
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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 in
28 Lake Michigan by 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
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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
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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 license
19 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,
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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 Michigan the 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
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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
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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
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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
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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 or
15 electronic calling device to attract or attempt to attract,
16 or to take or attempt to take, any of the wild mammals, wild
17 birds or fur-bearing mammals protected by this Act between
18 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
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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 rifled
20 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
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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
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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
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1 migratory waterfowl protected 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 400 200 yards 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
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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 deer to 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
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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
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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 the value of all species
14 protected by this Act be less than are as follows:
15 (1) Bald Eagle, $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 eagle
21 and those listed in (5) below), game mammals (except
22 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
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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
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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
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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
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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
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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
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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
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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
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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.)".