State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_HB0404

 
                                               LRB9202953MWpc

 1        AN ACT in relation to deer hunting.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Wildlife  Code  is  amended  by  changing
 5    Sections 2.25, 2.26, and 2.33 as follows:

 6        (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
 7        Sec.  2.25.  It  shall be unlawful for any person to take
 8    deer except (i) with a shotgun, rifle, or muzzleloading rifle
 9    or (ii) as provided by administrative rule, with  a  bow  and
10    arrow,  or crossbow device for handicapped persons as defined
11    in Section 2.33, during the open season of not more  than  14
12    days  which  will be set annually by the Director between the
13    dates of November 1st and December 31st, both inclusive.
14        It shall be unlawful for any person to take  deer  except
15    with  a  bow  and  arrow,  or crossbow device for handicapped
16    persons (as defined in Section 2.33), during the open  season
17    for  bow  and  arrow set annually by the Director between the
18    dates of September 1st and January 31st, both inclusive.
19        It shall be unlawful for any person to take  deer  except
20    with  (i)  a  muzzleloading  rifle, or (ii) bow and arrow, or
21    crossbow device for handicapped persons as defined in Section
22    2.33, during the open season  for  muzzleloading  rifles  set
23    annually by the Director.
24        The  Director  shall cause an administrative rule setting
25    forth the prescribed rules and regulations, including bag and
26    possession limits and those counties of the State where  open
27    seasons  are  established, to be published in accordance with
28    Sections 1.3 and 1.13 of this Act.
29        The Department is  authorized  to  establish  a  separate
30    harvest  period  at  specific  sites within the State for the
31    purpose of harvesting  surplus  deer  that  cannot  be  taken
 
                            -2-                LRB9202953MWpc
 1    during  the  regular  season provided for the taking of deer.
 2    This season shall be restricted  to  gun  or  bow  and  arrow
 3    hunting  only  and  shall be established during the period of
 4    September  1st  to  February  15th,   both   inclusive.   The
 5    Department   shall  publish  suitable  prescribed  rules  and
 6    regulations established by administrative rule pertaining  to
 7    management  restrictions  applicable  to this special harvest
 8    program.
 9    (Source: P.A.  86-1188;  87-126;  87-234;  87-895;   87-1015;
10    87-1243; 87-1268.)

11        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
12        Sec.  2.26.  Any  person  attempting  to  take deer shall
13    first obtain a  "Deer  Hunting  Permit"  in  accordance  with
14    prescribed  regulations  set forth in an Administrative Rule.
15    Deer Hunting Permits shall be issued by the Department.   The
16    fee  for  a  Deer Hunting Permit to take deer with either bow
17    and arrow or gun shall not exceed $15.00 for residents of the
18    State.  The Department may by administrative rule provide for
19    non-resident deer hunting permits for which the fee will  not
20    exceed   $100  except  as  provided  below  for  non-resident
21    landowners.  Permits shall be issued without charge to:
22             (a)  Illinois landowners residing  in  Illinois  who
23        own  at  least 40 acres of Illinois land and wish to hunt
24        their land only,
25             (b)  resident  tenants  of  at  least  40  acres  of
26        commercial agricultural land where they will hunt, and
27             (c)  shareholders of a  corporation  which  owns  at
28        least  40  acres of land in a county in Illinois who wish
29        to hunt on the corporation's land only.  One permit shall
30        be issued without charge to one shareholder for  each  40
31        acres  of  land  owned  by  the  corporation in a county;
32        however, the number of permits issued without  charge  to
33        shareholders  of  any corporation in any county shall not
 
                            -3-                LRB9202953MWpc
 1        exceed 15.
 2        Bona fide landowners or tenants who do not wish  to  hunt
 3    only  on the land they own, rent or lease or shareholders who
 4    do not wish to hunt only on the land owned by the corporation
 5    shall be charged the same fee as the applicant who is  not  a
 6    landowner,  tenant  or  shareholder. Nonresidents of Illinois
 7    who own at least 40 acres of land and wish to hunt  on  their
 8    land  only shall be charged a fee set by administrative rule.
 9    The method for obtaining these permits shall be prescribed by
10    administrative rule.
11        The deer hunting permit issued without fee shall be valid
12    on all farm lands which the person to whom it is issued owns,
13    leases or rents, except that in the case of a  permit  issued
14    to  a  shareholder,  the  permit  shall be valid on all lands
15    owned by the corporation in the county.
16        The Department may set  aside,  in  accordance  with  the
17    prescribed regulations set forth in an administrative rule of
18    the  Department,  a limited number of Deer Hunting Permits to
19    be available to persons providing evidence of  a  contractual
20    arrangement  to  hunt on properties controlled by a bona fide
21    Illinois outfitter.  The number of available permits shall be
22    based on a percentage of unfilled permits remaining after the
23    previous year's lottery.  Eligible outfitters shall be  those
24    having  membership  in,  and  accreditation  conferred  by, a
25    professional  association  of  outfitters  approved  by   the
26    Department.  The association shall be responsible for setting
27    professional   standards   and   codes  of  conduct  for  its
28    membership, subject to Departmental approval.  In addition to
29    the  fee  normally  charged  for  resident  and   nonresident
30    permits,  a  reservation  fee  not  to  exceed  $200 shall be
31    charged to  the  outfitter  for  each  permit  set  aside  in
32    accordance  with  this  Act.   The  reservation  fee shall be
33    deposited into the Wildlife and Fish Fund.
34        The standards and specifications for use of guns and  bow
 
                            -4-                LRB9202953MWpc
 1    and   arrow   for   deer  hunting  shall  be  established  by
 2    administrative rule.
 3        No person may have in  his  possession  any  firearm  not
 4    authorized  by  administrative  rule  for  a specific hunting
 5    season when taking deer.
 6        Persons having a firearm deer  hunting  permit  shall  be
 7    permitted  to  take deer only during the period from 1/2 hour
 8    before sunrise to sunset, and  only  during  those  days  for
 9    which an open season is established for the taking of deer by
10    use of shotgun, rifle, or muzzle loading rifle.
11        Persons  having  an  archery deer hunting permit shall be
12    permitted to take deer only during the period from  1/2  hour
13    before  sunrise  to  1/2  hour  after sunset, and only during
14    those days for which an open season is  established  for  the
15    taking of deer by use of bow and arrow.
16        It  shall  be unlawful for any person to take deer by use
17    of dogs, horses, automobiles, aircraft or other vehicles,  or
18    by  the  use  of  salt  or  bait  of  any  kind.   An area is
19    considered as baited  during  the  presence  of  and  for  10
20    consecutive days following the removal of bait.
21        It  shall  be  unlawful  to possess or transport any wild
22    deer which has been injured or killed in any  manner  upon  a
23    public  highway  or  public right-of-way of this State unless
24    exempted by administrative rule.
25        Persons hunting deer must have gun unloaded  and  no  bow
26    and  arrow  device  shall  be  carried  with the arrow in the
27    nocked position during hours when deer hunting is unlawful.
28        It shall be unlawful for any  person,  having  taken  the
29    legal  limit  of deer by gun, to further participate with gun
30    in any deer hunting party.
31        It shall be unlawful for any  person,  having  taken  the
32    legal  limit of deer by bow and arrow, to further participate
33    with bow and arrow in any deer hunting party.
34        The Department may prohibit upland  game  hunting  during
 
                            -5-                LRB9202953MWpc
 1    the gun deer season by administrative rule.
 2        It  shall be legal for handicapped persons, as defined in
 3    Section 2.33, to utilize a crossbow  device,  as  defined  in
 4    Department rules, to take deer.
 5        Any  person  who  violates  any of the provisions of this
 6    Section, including administrative rules, shall be guilty of a
 7    Class B misdemeanor.
 8    (Source: P.A. 89-715, eff.  2-21-97;  90-225,  eff.  7-25-97;
 9    90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)

10        (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
11        Sec. 2.33. Prohibitions.
12        (a)  It  is  unlawful  to carry or possess any gun in any
13    State refuge unless  otherwise  permitted  by  administrative
14    rule.
15        (b)  It  is  unlawful  to  use  or  possess  any snare or
16    snare-like device, deadfall, net, or pit  trap  to  take  any
17    species,  except  that snares not powered by springs or other
18    mechanical devices may be used to trap  fur-bearing  mammals,
19    in  water  sets only, if at least one-half of the snare noose
20    is located underwater at all times.
21        (c)  It is unlawful for any person at any time to take  a
22    wild  mammal  protected  by this Act from its den by means of
23    any mechanical device, spade, or digging  device  or  to  use
24    smoke or other gases to dislodge or remove such mammal except
25    as provided in Section 2.37.
26        (d)  It  is  unlawful  to use a ferret or any other small
27    mammal which is used in the same or similar manner for  which
28    ferrets  are  used  for the purpose of frightening or driving
29    any mammals from their dens or hiding places.
30        (e)  (Blank).
31        (f)  It is unlawful to use spears,  gigs,  hooks  or  any
32    like device to take any species protected by this Act.
33        (g)  It   is   unlawful  to  use  poisons,  chemicals  or
 
                            -6-                LRB9202953MWpc
 1    explosives for the purpose of taking any species protected by
 2    this Act.
 3        (h)  It is unlawful to hunt adjacent to or near any peat,
 4    grass, brush  or  other  inflammable  substance  when  it  is
 5    burning.
 6        (i)  It  is  unlawful  to  take, pursue  or intentionally
 7    harass or disturb in any manner any wild birds or mammals  by
 8    use  or aid of any vehicle or conveyance, except as permitted
 9    by  the  Code  of  Federal  Regulations  for  the  taking  of
10    waterfowl. It is also unlawful to   use  the  lights  of  any
11    vehicle  or  conveyance  or  any  light  from  or  any  light
12    connected  to  such  vehicle  or conveyance in any area where
13    wildlife may be found except in accordance with Section  2.37
14    of  this Act, however, nothing in this Section shall prohibit
15    the normal use of headlamps for the purpose of driving upon a
16    roadway and except that striped skunk, opossum, red fox, gray
17    fox, raccoon and coyote may be taken during the  open  season
18    by  use  of  a  small  light  which  is  worn  on the body or
19    hand-held by a person on foot and not in any vehicle.
20        (j)  It is unlawful to use any  shotgun  larger  than  10
21    gauge  while  taking or attempting to take any of the species
22    protected by this Act.
23        (k)  It is unlawful to use or possess in  the  field  any
24    shotgun  shell loaded with a shot size larger than lead BB or
25    steel T (.20 diameter)  when taking or attempting to take any
26    species of wild game mammals (excluding  white-tailed  deer),
27    wild  game birds, migratory waterfowl or migratory game birds
28    protected by this Act, except white-tailed deer  as  provided
29    for  in  Section  2.26  and  other species as provided for by
30    subsection (l) or administrative rule.
31        (l)  It is unlawful to take any  species  of  wild  game,
32    except  white-tailed  deer,  with a shotgun loaded with slugs
33    unless otherwise provided for by administrative rule.
34        (m)  It is unlawful to use any shotgun capable of holding
 
                            -7-                LRB9202953MWpc
 1    more than 3 shells  in  the  magazine  or  chamber  combined,
 2    except  on  game breeding and hunting preserve areas licensed
 3    under Section 3.27 and except as permitted  by  the  Code  of
 4    Federal  Regulations  for  the  taking  of  waterfowl. If the
 5    shotgun is capable of holding more than 3 shells,  it  shall,
 6    while  being  used  on an area other than a game breeding and
 7    shooting preserve area licensed pursuant to Section 3.27,  be
 8    fitted  with  a  one  piece  plug that is irremovable without
 9    dismantling the shotgun or otherwise  altered  to  render  it
10    incapable  of  holding more than 3 shells in the magazine and
11    chamber, combined.
12        (n)  It  is  unlawful  for  any  person,  except  persons
13    permitted by law, to have or carry  any  gun  in  or  on  any
14    vehicle,  conveyance or aircraft, unless such gun is unloaded
15    and  enclosed  in  a  case,  except  that  at  field   trials
16    authorized by Section 2.34 of this Act, unloaded guns or guns
17    loaded   with  blank  cartridges  only,  may  be  carried  on
18    horseback while not contained in a case, or to have or  carry
19    any  bow or arrow device in or on any vehicle unless such bow
20    or arrow device  is  unstrung  or  enclosed  in  a  case,  or
21    otherwise made inoperable.
22        (o)  It  is  unlawful to use any crossbow for the purpose
23    of taking any wild birds or mammals, except as  provided  for
24    in Section 2.33.
25        (p)  It  is  unlawful  to take game birds, migratory game
26    birds or migratory waterfowl with a rifle,  pistol,  revolver
27    or airgun.
28        (q)  It  is unlawful to fire a rifle, pistol, revolver or
29    airgun on, over or into any waters of this  State,  including
30    frozen waters.
31        (r)  It is unlawful to discharge any gun or bow and arrow
32    device  along,  upon, across, or from any public right-of-way
33    or highway in this State.
34        (s)  It is unlawful to use a silencer or other device  to
 
                            -8-                LRB9202953MWpc
 1    muffle or mute the sound of the explosion or report resulting
 2    from the firing of any gun.
 3        (t)  It  is  unlawful  for any person to trap or hunt, or
 4    allow a dog to hunt, within or upon the land of  another,  or
 5    upon  waters flowing over or standing on the land of another,
 6    without first obtaining permission from the owner or  tenant.
 7    It  shall be prima facie evidence that a person does not have
 8    permission of the owner or tenant if the person is unable  to
 9    demonstrate  to the law enforcement officer in the field that
10    permission had been obtained.  This  provision  may  only  be
11    rebutted  by testimony of the owner or tenant that permission
12    had  been  given.  Before  enforcing  this  Section  the  law
13    enforcement officer must have received notice from the  owner
14    or  tenant of a violation of this Section. Statements made to
15    the law enforcement officer regarding this notice  shall  not
16    be rendered inadmissible by the hearsay rule when offered for
17    the purpose of showing the required notice.
18        (u)  It  is  unlawful  for  any  person  to discharge any
19    firearm  for  the  purpose  of  taking  any  of  the  species
20    protected by this Act, or hunt with gun or dog,  or  allow  a
21    dog  to  hunt,  within  300  yards  of  an inhabited dwelling
22    without first obtaining permission from the owner or  tenant,
23    except  that  while  trapping,  hunting  with  bow and arrow,
24    hunting with dog and  shotgun  using  shot  shells  only,  or
25    hunting  with  shotgun using shot shells only, or on licensed
26    game breeding and  hunting  preserve  areas,  as  defined  in
27    Section   3.27,   on  property  operated  under  a  Migratory
28    Waterfowl Hunting Area Permit, on federally owned and managed
29    lands and on Department owned, managed, leased or  controlled
30    lands, a 100 yard restriction shall apply.
31        (v)  It  is unlawful for any person to remove fur-bearing
32    mammals from, or to move or disturb in any manner, the  traps
33    owned  by another person without written authorization of the
34    owner to do so.
 
                            -9-                LRB9202953MWpc
 1        (w)  It is unlawful for any owner of a dog  to  knowingly
 2    or  wantonly  allow  his or her dog to pursue, harass or kill
 3    deer.
 4        (x)  It  is  unlawful  for  any  person  to  wantonly  or
 5    carelessly injure or destroy, in any manner  whatsoever,  any
 6    real  or  personal  property  on  the  land  of another while
 7    engaged in hunting or trapping thereon.
 8        (y)  It is unlawful to hunt wild game protected  by  this
 9    Act  between  half  hour  after  sunset  and half hour before
10    sunrise except that hunting hours  between  half  hour  after
11    sunset  and  half  hour  before sunrise may be established by
12    administrative rule for fur-bearing mammals.
13        (z)  It is unlawful to take any game bird (excluding wild
14    turkeys and crippled pheasants not capable of  normal  flight
15    and  otherwise  irretrievable) protected by this Act when not
16    flying. Nothing in this Section shall prohibit a person  from
17    carrying  an  uncased,  unloaded  shotgun in a boat, while in
18    pursuit of a crippled migratory waterfowl that  is  incapable
19    of normal flight, for the purpose of attempting to reduce the
20    migratory  waterfowl to possession, provided that the attempt
21    is made immediately upon downing the migratory waterfowl  and
22    is  done  within  400  yards  of  the  blind  from  which the
23    migratory waterfowl was downed. This  exception  shall  apply
24    only  to  migratory game birds that are not capable of normal
25    flight.  Migratory waterfowl that are crippled may  be  taken
26    only  with  a  shotgun as regulated by subsection (j) of this
27    Section using shotgun shells as regulated in  subsection  (k)
28    of this Section.
29        (aa)  It  is  unlawful  to use or possess any device that
30    may be used for  tree  climbing  or  cutting,  while  hunting
31    fur-bearing mammals.
32        (bb)  It is unlawful for any person, except licensed game
33    breeders,  pursuant  to Section 2.29 to import, carry into or
34    possess alive in this State, any species  of  wildlife  taken
 
                            -10-               LRB9202953MWpc
 1    outside  of  this State without obtaining permission to do so
 2    from the Director.
 3        (cc)  It is unlawful for any  person  to  have  in  their
 4    possession  any  freshly killed species protected by this Act
 5    during the season closed for taking.
 6        (dd)  It is unlawful to take  any  species  protected  by
 7    this Act and retain it alive.
 8        (ee)  (Blank).  It is unlawful to possess any rifle while
 9    in the field during gun deer season  except  as  provided  in
10    Section 2.26 and administrative rules.
11        (ff)  It  is  unlawful for any person to take any species
12    protected by this Act, except migratory waterfowl, during the
13    gun deer hunting season in those counties open  to  gun  deer
14    hunting,  unless he wears, when in the field, a cap and upper
15    outer garment of  a  solid  blaze  orange  color,  with  such
16    articles  of  clothing  displaying  a  minimum  of 400 square
17    inches of blaze orange material.
18        (gg)  It is unlawful during the upland  game  season  for
19    any  person  to  take upland game with a firearm unless he or
20    she wears, while in the field, a cap of  solid  blaze  orange
21    color.   For  purposes of this Act, upland game is defined as
22    Bobwhite Quail, Hungarian  Partridge,  Ring-necked  Pheasant,
23    Eastern Cottontail and Swamp Rabbit.
24        (hh)  It shall be unlawful to kill or cripple any species
25    protected  by  this  Act for which there is a daily bag limit
26    without making a reasonable effort to retrieve  such  species
27    and include such in the daily bag limit.
28        This  Section shall apply only to those species protected
29    by this Act taken within the State.  Any species or any parts
30    thereof, legally taken in and transported from  other  states
31    or  countries  may  be  possessed within the State, except as
32    provided in this Section and Sections 2.35, 2.36 and 3.21.
33        Nothing contained in this Section shall prohibit the  use
34    of  bow  and  arrow,  or  prevent  the  Director from issuing
 
                            -11-               LRB9202953MWpc
 1    permits to use a crossbow to  handicapped  persons.  As  used
 2    herein,  "handicapped persons" means those persons who have a
 3    permanent physical  impairment  due  to  injury  or  disease,
 4    congenital  or  acquired,  which  renders  them  so  severely
 5    disabled  as to be unable to use a conventional bow and arrow
 6    device. Permits will be issued only after the  receipt  of  a
 7    physician's statement confirming the applicant is handicapped
 8    as defined above.
 9        Nothing  contained  in  this  Section  shall prohibit the
10    Director from  issuing  permits  to  paraplegics  or  persons
11    physically  unable  to walk, to shoot or hunt from a standing
12    vehicle, provided that such is otherwise in accord with  this
13    Act.
14        Nothing  contained  in this Act shall prohibit the taking
15    of aquatic life protected by  the  Fish  Code  or  birds  and
16    mammals  protected  by this Act, except deer and  fur-bearing
17    mammals, from a boat not camouflaged or  disguised  to  alter
18    its identity or to further provide a place of concealment and
19    not  propelled  by  sail  or mechanical power.  However, only
20    shotguns not larger than 10 gauge nor smaller than .410  bore
21    loaded  with  not more than 3 shells of a shot size no larger
22    than lead BB or steel T (.20 diameter) may be  used  to  take
23    species protected by this Act.
24        Nothing contained in this Act shall prohibit the use of a
25    shotgun,  not  larger  than  10  gauge  nor smaller than a 20
26    gauge, with a rifled barrel.
27    (Source: P.A. 90-743, eff. 1-1-99; 91-654, eff. 12-15-99.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.

[ Top ]