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91_SB1068
LRB9101340DHmgA
1 AN ACT to amend the Wildlife Code by changing Sections
2 2.33 and 2.37.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Sections 2.33 and 2.37 as follows:
7 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
8 Sec. 2.33. Prohibitions.
9 (a) It is unlawful to carry or possess any gun in any
10 State refuge unless otherwise permitted by administrative
11 rule.
12 (b) It is unlawful to use or possess any snare or
13 snare-like device, deadfall, net, or pit trap to take any
14 species, except that snares not powered by springs or other
15 mechanical devices may be used to trap fur-bearing mammals,
16 in water sets only, if at least one-half of the snare noose
17 is located underwater at all times.
18 (c) It is unlawful for any person at any time to take a
19 wild mammal protected by this Act from its den by means of
20 any mechanical device, spade, or digging device or to use
21 smoke or other gases to dislodge or remove such mammal except
22 as provided in Section 2.37.
23 (d) It is unlawful to use a ferret or any other small
24 mammal which is used in the same or similar manner for which
25 ferrets are used for the purpose of frightening or driving
26 any mammals from their dens or hiding places.
27 (e) (Blank).
28 (f) It is unlawful to use spears, gigs, hooks or any
29 like device to take any species protected by this Act.
30 (g) It is unlawful to use poisons, chemicals or
31 explosives for the purpose of taking any species protected by
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1 this Act.
2 (h) It is unlawful to hunt adjacent to or near any peat,
3 grass, brush or other inflammable substance when it is
4 burning.
5 (i) It is unlawful to take, pursue or intentionally
6 harass or disturb in any manner any wild birds or mammals by
7 use or aid of any vehicle or conveyance, except during a
8 special waterfowl season permitted by the Federal Code of
9 Regulations. It is also unlawful to use the lights of any
10 vehicle or conveyance or any light from or any light
11 connected to such vehicle or conveyance in any area where
12 wildlife may be found except in accordance with Section 2.37
13 of this Act, however, nothing in this Section shall prohibit
14 the normal use of headlamps for the purpose of driving upon a
15 roadway and except that striped skunk, opossum, red fox, gray
16 fox, raccoon and coyote may be taken during the open season
17 by use of a small light which is worn on the body or
18 hand-held by a person on foot and not in any vehicle.
19 (j) It is unlawful to use any shotgun larger than 10
20 gauge while taking or attempting to take any of the species
21 protected by this Act.
22 (k) It is unlawful to use or possess in the field any
23 shotgun shell loaded with a shot size larger than lead BB or
24 steel T (.20 diameter) when taking or attempting to take any
25 species of wild game mammals (excluding white-tailed deer),
26 wild game birds, migratory waterfowl or migratory game birds
27 protected by this Act, except white-tailed deer as provided
28 for in Section 2.26 and other species as provided for by
29 subsection (l) or administrative rule.
30 (l) It is unlawful to take any species of wild game,
31 except white-tailed deer, with a shotgun loaded with slugs
32 unless otherwise provided for by administrative rule.
33 (m) It is unlawful to use any shotgun capable of holding
34 more than 3 shells in the magazine or chamber combined,
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1 except on game breeding and hunting preserve areas licensed
2 under Section 3.27 and except during a special waterfowl
3 season permitted by the Federal Code of Regulations. If the
4 shotgun is capable of holding more than 3 shells, it shall,
5 while being used on an area other than a game breeding and
6 shooting preserve area licensed pursuant to Section 3.27, be
7 fitted with a one piece plug that is irremovable without
8 dismantling the shotgun or otherwise altered to render it
9 incapable of holding more than 3 shells in the magazine and
10 chamber, combined.
11 (n) It is unlawful for any person, except persons
12 permitted by law, to have or carry any gun in or on any
13 vehicle, conveyance or aircraft, unless such gun is unloaded
14 and enclosed in a case, except that at field trials
15 authorized by Section 2.34 of this Act, unloaded guns or guns
16 loaded with blank cartridges only, may be carried on
17 horseback while not contained in a case, or to have or carry
18 any bow or arrow device in or on any vehicle unless such bow
19 or arrow device is unstrung or enclosed in a case, or
20 otherwise made inoperable.
21 (o) It is unlawful to use any crossbow for the purpose
22 of taking any wild birds or mammals, except as provided for
23 in Section 2.33.
24 (p) It is unlawful to take game birds, migratory game
25 birds or migratory waterfowl with a rifle, pistol, revolver
26 or airgun.
27 (q) It is unlawful to fire a rifle, pistol, revolver or
28 airgun on, over or into any waters of this State, including
29 frozen waters.
30 (r) It is unlawful to discharge any gun or bow and arrow
31 device along, upon, across, or from any public right-of-way
32 or highway in this State.
33 (s) It is unlawful to use a silencer or other device to
34 muffle or mute the sound of the explosion or report resulting
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1 from the firing of any gun.
2 (t) It is unlawful for any person to trap or hunt, or
3 allow a dog to hunt, within or upon the land of another, or
4 upon waters flowing over or standing on the land of another,
5 without first obtaining permission from the owner or tenant.
6 It shall be prima facie evidence that a person does not have
7 permission of the owner or tenant if the person is unable to
8 demonstrate to the law enforcement officer in the field that
9 permission had been obtained. This provision may only be
10 rebutted by testimony of the owner or tenant that permission
11 had been given. Before enforcing this Section the law
12 enforcement officer must have received notice from the owner
13 or tenant of a violation of this Section. Statements made to
14 the law enforcement officer regarding this notice shall not
15 be rendered inadmissible by the hearsay rule when offered for
16 the purpose of showing the required notice.
17 (u) It is unlawful for any person to discharge any
18 firearm for the purpose of taking any of the species
19 protected by this Act, or hunt with gun or dog, or allow a
20 dog to hunt, within 300 yards of an inhabited dwelling
21 without first obtaining permission from the owner or tenant,
22 except that while trapping, hunting with bow and arrow,
23 hunting with dog and shotgun using shot shells only, or
24 hunting with shotgun using shot shells only, or on licensed
25 game breeding and hunting preserve areas, as defined in
26 Section 3.27, on property operated under a Migratory
27 Waterfowl Hunting Area Permit, on federally owned and managed
28 lands and on Department owned, managed, leased or controlled
29 lands, a 100 yard restriction shall apply.
30 (v) It is unlawful for any person to remove fur-bearing
31 mammals from, or to move or disturb in any manner, the traps
32 owned by another person without written authorization of the
33 owner to do so.
34 (w) It is unlawful for any owner of a dog to knowingly
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1 or wantonly allow his or her dog to pursue, harass or kill
2 deer.
3 (x) It is unlawful for any person to wantonly or
4 carelessly injure or destroy, in any manner whatsoever, any
5 real or personal property on the land of another while
6 engaged in hunting or trapping thereon.
7 (y) It is unlawful to hunt wild game protected by this
8 Act between half hour after sunset and half hour before
9 sunrise except that hunting hours between half hour after
10 sunset and half hour before sunrise may be established by
11 administrative rule for fur-bearing mammals.
12 (z) It is unlawful to take any game bird (excluding wild
13 turkeys and crippled pheasants not capable of normal flight
14 and otherwise irretrievable) protected by this Act when not
15 flying. Nothing in this Section shall prohibit a person from
16 carrying an uncased, unloaded shotgun in a boat, while in
17 pursuit of a crippled migratory waterfowl that is incapable
18 of normal flight, for the purpose of attempting to reduce the
19 migratory waterfowl to possession, provided that the attempt
20 is made immediately upon downing the migratory waterfowl and
21 is done within 400 yards of the blind from which the
22 migratory waterfowl was downed. This exception shall apply
23 only to migratory game birds that are not capable of normal
24 flight. Migratory waterfowl that are crippled may be taken
25 only with a shotgun as regulated by subsection (j) of this
26 Section using shotgun shells as regulated in subsection (k)
27 of this Section.
28 (aa) It is unlawful to use or possess any device that
29 may be used for tree climbing or cutting, while hunting
30 fur-bearing mammals.
31 (bb) It is unlawful for any person, except licensed game
32 breeders, pursuant to Section 2.29 to import, carry into or
33 possess alive in this State, any species of wildlife taken
34 outside of this State without obtaining permission to do so
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1 from the Director.
2 (cc) It is unlawful for any person to have in their
3 possession any freshly killed species protected by this Act
4 during the season closed for taking.
5 (dd) It is unlawful to take any species protected by
6 this Act and retain it alive.
7 (ee) It is unlawful to possess any rifle while in the
8 field during gun deer season except as provided in Section
9 2.26 and administrative rules.
10 (ff) It is unlawful for any person to take any species
11 protected by this Act, except migratory waterfowl, during the
12 gun deer hunting season in those counties open to gun deer
13 hunting, unless he wears, when in the field, a cap and upper
14 outer garment of a solid blaze orange color, with such
15 articles of clothing displaying a minimum of 400 square
16 inches of blaze orange material.
17 (gg) It is unlawful during the upland game season for
18 any person to take upland game with a firearm unless he or
19 she wears, while in the field, a cap of solid blaze orange
20 color. For purposes of this Act, upland game is defined as
21 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
22 Eastern Cottontail and Swamp Rabbit.
23 (hh) It shall be unlawful to kill or cripple any species
24 protected by this Act for which there is a daily bag limit
25 without making a reasonable effort to retrieve such species
26 and include such in the daily bag limit.
27 This Section shall apply only to those species protected
28 by this Act taken within the State. Any species or any parts
29 thereof, legally taken in and transported from other states
30 or countries may be possessed within the State, except as
31 provided in this Section and Sections 2.35, 2.36 and 3.21.
32 Nothing contained in this Section shall prohibit the use
33 of bow and arrow, or prevent the Director from issuing
34 permits to use a crossbow to handicapped persons. As used
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1 herein, "handicapped persons" means those persons who have a
2 permanent physical impairment due to injury or disease,
3 congenital or acquired, which renders them so severely
4 disabled as to be unable to use a conventional bow and arrow
5 device. Permits will be issued only after the receipt of a
6 physician's statement confirming the applicant is handicapped
7 as defined above.
8 Nothing contained in this Section shall prohibit the
9 Director from issuing permits to paraplegics or persons
10 physically unable to walk, to shoot or hunt from a standing
11 vehicle, provided that such is otherwise in accord with this
12 Act.
13 Nothing contained in this Act shall prohibit the taking
14 of aquatic life protected by the Fish Code or birds and
15 mammals protected by this Act, except deer and fur-bearing
16 mammals, from a boat not camouflaged or disguised to alter
17 its identity or to further provide a place of concealment and
18 not propelled by sail or mechanical power. However, only
19 shotguns not larger than 10 gauge nor smaller than .410 bore
20 loaded with not more than 3 shells of a shot size no larger
21 than lead BB or steel T (.20 diameter) may be used to take
22 species protected by this Act.
23 Nothing contained in this Act shall prohibit the use of a
24 shotgun, not larger than 10 gauge nor smaller than a 20
25 gauge, with a rifled barrel.
26 (Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.)
27 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
28 Sec. 2.37. Authority to kill wildlife responsible for
29 damage. Subject to federal regulations and Section 3 of the
30 Illinois Endangered Species Act, Upon written permission from
31 , owners and tenants of lands or
32 their agents to may remove or destroy any wild bird or wild
33 mammal, other than a game bird or migratory game bird, when
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1 the such wild bird or wild mammal is known to be destroying
2 property or causing a risk to human health or safety upon his
3 or her land. The Department shall adopt applicable
4 regulations in an Administrative Order. The provisions of
5 Sections 2.33 and 2.33a of this Act do not apply to owners or
6 tenants of land or their agents subject to this paragraph
7 unless stated in the Administrative Order.
8 Upon receipt by the Department of information from the
9 owner, tenant or sharecropper that any one or more species of
10 wildlife, other than a game bird or migratory bird, is
11 damaging dams, levees, ditches or other property on the land
12 on which he resides or controls, together with a statement
13 regarding location of the property damages, the nature and
14 extent of the damage and the particular species of wildlife
15 committing the damage, the Department shall make an
16 investigation.
17 If, after investigation, the Department finds such damage
18 to exist and can be abated only by removing or destroying
19 such wildlife, a permit shall be issued by the Department to
20 remove or destroy the species responsible causing such
21 damage.
22 A permit to control such damage shall be for a period of
23 up to 90 days, shall specify the means and methods by which
24 and the person or persons by whom the wildlife may be removed
25 or destroyed and shall set forth the disposition procedure to
26 be made of all wildlife taken, and such other restrictions as
27 the Director deems necessary and appropriate in the
28 circumstances of the particular case. Whenever possible, the
29 specimens destroyed shall be given to a bona-fide public or
30 state scientific, educational or zoological institution.
31 The permittee shall advise the Department in writing,
32 within ten days after the expiration date of the permit, of
33 the number of individual species of wildlife taken,
34 disposition made of same, and any other information which the
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1 Department may consider necessary.
2 Subject to federal regulations and Section 3 of the
3 Illinois Endangered Species Act, In addition the Department
4 may grant to an individual, corporation, association or a
5 governmental body the authority to control species protected
6 by this Code wildlife. The Department shall set forth
7 applicable regulations in an Administrative Order and may
8 require periodic reports listing species taken, numbers of
9 each species taken, dates when taken, and other pertinent
10 information. The provisions of Section 2.33 and 2.33a of this
11 Act do not apply individuals, corporations, associations, and
12 governmental bodies subject to this paragraph unless stated
13 in the Administrative Order.
14 Drainage Districts shall have the authority to control
15 beaver provided that they must notify the Department in
16 writing that a problem exists and of their intention to trap
17 the animals at least 7 days before the trapping begins. The
18 District must identify traps used in beaver control outside
19 the dates of the furbearer trapping season with metal tags
20 with the district's name legibly inscribed upon them. During
21 the furtrapping season, traps must be identified as
22 prescribed by law. Conibear traps at least size 330 shall be
23 used except during the statewide furbearer trapping season.
24 During that time trappers may use any device that is legal
25 according to the Wildlife Code. Except during the statewide
26 furbearer trapping season, beaver traps must be set in water
27 at least 10 inches deep. Except during the statewide
28 furbearer trapping season, traps must be set within 10 feet
29 of an inhabited bank burrow or house and within 10 feet of a
30 dam maintained by a beaver. No beaver or other furbearer
31 taken outside of the dates for the furbearer trapping season
32 may be sold. All animals must be given to the nearest
33 conservation officer or other Department of Natural Resources
34 representative within 48 hours after they are caught.
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1 Furbearers taken during the fur trapping season may be sold
2 provided that they are taken by persons who have valid
3 trapping licenses in their possession and are lawfully taken.
4 The District must submit an annual report showing the species
5 and numbers of animals caught. The report must indicate all
6 species which were taken.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 Section 99. Effective date. This Act takes effect on
9 becoming law.