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92_HB1854eng HB1854 Engrossed LRB9205414TAtm 1 AN ACT concerning wildlife. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Wildlife Code is amended by changing 5 Sections 2.11, 2.26, 3.1 and by adding Section 3.1-3 as 6 follows: 7 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11) 8 Sec. 2.11. Before any person may lawfully hunt wild 9 turkey, he shall first obtain a "Wild Turkey Hunting Permit" 10 in accordance with the prescribed regulations set forth in an 11 administrative rule of the Department. The fee for a 12 Resident Wild Turkey Hunting Permit shall not exceed $15. 13 Upon submitting suitable evidence of legal residence in 14 any other state, non-residents shall be charged a fee not to 15 exceed $125$75for wild turkey hunting permits, except as 16 provided below for non-resident land owners. 17 Permits shall be issued without charge to: 18 (a) Illinois landowners residing in Illinois who 19 own at least 40 acres of Illinois land and wish to hunt 20 on their land only, 21 (b) resident tenants of at least 40 acres of 22 commercial agricultural land, and 23 (c) shareholders of a corporation which owns at 24 least 40 acres of land in a county in Illinois who wish 25 to hunt on the corporation's land only. One permit shall 26 be issued without charge to one shareholder for each 40 27 acres of land owned by the corporation in a county; 28 however, the number of permits issued without charge to 29 shareholders of any corporation in any county shall not 30 exceed 15. 31 The turkey hunting permit issued without fee shall be HB1854 Engrossed -2- LRB9205414TAtm 1 valid on all lands upon which the person to whom it is issued 2 owns, leases or rents, except that in the case of a permit 3 issued without charge to a shareholder of a corporation, the 4 permit shall be valid on all lands owned by the corporation 5 in the county. 6 The Department may by administrative rule allocate and 7 issue non-resident Wild Turkey Permits and establish fees for 8 such permits. 9The Department may set aside, in accordance with the10prescribed regulations set forth in an administrative rule of11the Department, a limited number of Wild Turkey Hunting12Permits to be available to persons providing evidence of a13contractual arrangement to hunt on properties controlled by a14bona fide Illinois outfitter. The number of available15permits shall be based on a percentage of unfilled permits16remaining after the previous year's lottery. Eligible17outfitters shall be those having membership in, and18accreditation conferred by, a professional association of19outfitters approved by the Department. The association shall20be responsible for setting professional standards and codes21of conduct for its membership, subject to Departmental22approval. In addition to the fee normally charged for23resident and nonresident permits, a reservation fee not to24exceed $200 shall be charged to the outfitter for each permit25set aside in accordance with this Act. The reservation fee26shall be deposited into the Wildlife and Fish Fund.27 It shall be unlawful to take wild turkey except by use of 28 a bow and arrow or a shotgun of not larger than 10 nor 29 smaller than 20 gauge with shot size not larger than No. 4, 30 and no person while attempting to so take wild turkey may 31 have in his possession any other gun. 32 It shall be unlawful to take, or attempt to take wild 33 turkey except during the time from 1/2 hour before sunrise to 34 1/2 hour after sunset or during such lesser period of time as HB1854 Engrossed -3- LRB9205414TAtm 1 may be specified by administrative rule, during those days 2 for which an open season is established. 3 It shall be unlawful for any person to take, or attempt 4 to take, wild turkey by use of dogs, horses, automobiles, 5 aircraft or other vehicles, or conveyances, or by the use of 6 bait of any kind. 7 It is unlawful for any person to take in Illinois or have 8 in his possession more than one wild turkey per valid permit. 9 (Source: P.A. 88-416; 89-715, eff. 2-21-97.) 10 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) 11 Sec. 2.26. Any person attempting to take deer shall 12 first obtain a "Deer Hunting Permit" in accordance with 13 prescribed regulations set forth in an Administrative Rule. 14 Deer Hunting Permits shall be issued by the Department. The 15 fee for a Deer Hunting Permit to take deer with either bow 16 and arrow or gun shall not exceed $15.00 for residents of the 17 State. The Department may by administrative rule provide for 18 non-resident deer hunting permits for which the fee will not 19 exceed $200$100except as provided below for non-resident 20 landowners and non-resident archery hunters. The Department 21 may by administrative rule provide for a non-resident archery 22 deer permit consisting of not more than 2 harvest tags at a 23 total cost not to exceed $225. Permits shall be issued 24 without charge to: 25 (a) Illinois landowners residing in Illinois who 26 own at least 40 acres of Illinois land and wish to hunt 27 their land only, 28 (b) resident tenants of at least 40 acres of 29 commercial agricultural land where they will hunt, and 30 (c) shareholders of a corporation which owns at 31 least 40 acres of land in a county in Illinois who wish 32 to hunt on the corporation's land only. One permit shall 33 be issued without charge to one shareholder for each 40 HB1854 Engrossed -4- LRB9205414TAtm 1 acres of land owned by the corporation in a county; 2 however, the number of permits issued without charge to 3 shareholders of any corporation in any county shall not 4 exceed 15. 5 Bona fide landowners or tenants who do not wish to hunt 6 only on the land they own, rent or lease or shareholders who 7 do not wish to hunt only on the land owned by the corporation 8 shall be charged the same fee as the applicant who is not a 9 landowner, tenant or shareholder. Nonresidents of Illinois 10 who own at least 40 acres of land and wish to hunt on their 11 land only shall be charged a fee set by administrative rule. 12 The method for obtaining these permits shall be prescribed by 13 administrative rule. 14 The deer hunting permit issued without fee shall be valid 15 on all farm lands which the person to whom it is issued owns, 16 leases or rents, except that in the case of a permit issued 17 to a shareholder, the permit shall be valid on all lands 18 owned by the corporation in the county. 19The Department may set aside, in accordance with the20prescribed regulations set forth in an administrative rule of21the Department, a limited number of Deer Hunting Permits to22be available to persons providing evidence of a contractual23arrangement to hunt on properties controlled by a bona fide24Illinois outfitter. The number of available permits shall be25based on a percentage of unfilled permits remaining after the26previous year's lottery. Eligible outfitters shall be those27having membership in, and accreditation conferred by, a28professional association of outfitters approved by the29Department. The association shall be responsible for setting30professional standards and codes of conduct for its31membership, subject to Departmental approval. In addition to32the fee normally charged for resident and nonresident33permits, a reservation fee not to exceed $200 shall be34charged to the outfitter for each permit set aside inHB1854 Engrossed -5- LRB9205414TAtm 1accordance with this Act. The reservation fee shall be2deposited into the Wildlife and Fish Fund.3 The standards and specifications for use of guns and bow 4 and arrow for deer hunting shall be established by 5 administrative rule. 6 No person may have in his possession any firearm not 7 authorized by administrative rule for a specific hunting 8 season when taking deer. 9 Persons having a firearm deer hunting permit shall be 10 permitted to take deer only during the period from 1/2 hour 11 before sunrise to sunset, and only during those days for 12 which an open season is established for the taking of deer by 13 use of shotgun or muzzle loading rifle. 14 Persons having an archery deer hunting permit shall be 15 permitted to take deer only during the period from 1/2 hour 16 before sunrise to 1/2 hour after sunset, and only during 17 those days for which an open season is established for the 18 taking of deer by use of bow and arrow. 19 It shall be unlawful for any person to take deer by use 20 of dogs, horses, automobiles, aircraft or other vehicles, or 21 by the use of salt or bait of any kind. An area is 22 considered as baited during the presence of and for 10 23 consecutive days following the removal of bait. 24 It shall be unlawful to possess or transport any wild 25 deer which has been injured or killed in any manner upon a 26 public highway or public right-of-way of this State unless 27 exempted by administrative rule. 28 Persons hunting deer must have gun unloaded and no bow 29 and arrow device shall be carried with the arrow in the 30 nocked position during hours when deer hunting is unlawful. 31 It shall be unlawful for any person, having taken the 32 legal limit of deer by gun, to further participate with gun 33 in any deer hunting party. 34 It shall be unlawful for any person, having taken the HB1854 Engrossed -6- LRB9205414TAtm 1 legal limit of deer by bow and arrow, to further participate 2 with bow and arrow in any deer hunting party. 3 The Department may prohibit upland game hunting during 4 the gun deer season by administrative rule. 5 It shall be legal for handicapped persons, as defined in 6 Section 2.33, to utilize a crossbow device, as defined in 7 Department rules, to take deer. 8 Any person who violates any of the provisions of this 9 Section, including administrative rules, shall be guilty of a 10 Class B misdemeanor. 11 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97; 12 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.) 13 (520 ILCS 5/3.1) (from Ch. 61, par. 3.1) 14 Sec. 3.1. License and stamps required. 15 (a) Before any person shall take or attempt to take any 16 of the species protected by Section 2.2 for which an open 17 season is established under this Act, he shall first have 18 procured and possess a valid hunting license. 19 Before any person 16 years of age or older shall take or 20 attempt to take any bird of the species defined as migratory 21 waterfowl by Section 2.2, including coots, he shall first 22 have procured a State Migratory Waterfowl Stamp. 23 Before any person 16 years of age or older takes, 24 attempts to take, or pursues any species of wildlife 25 protected by this Code, except migratory waterfowl, coots, 26 and hand-reared birds on licensed game breeding and hunting 27 preserve areas and state controlled pheasant hunting areas, 28 he or she shall first obtain a State Habitat Stamp. Disabled 29 veterans and former prisoners of war shall not be required to 30 obtain State Habitat Stamps. Any person who obtained a 31 lifetime license before January 1, 1993, shall not be 32 required to obtain State Habitat Stamps. Income from the sale 33 of State Furbearer Stamps and State Pheasant Stamps received HB1854 Engrossed -7- LRB9205414TAtm 1 after the effective date of this amendatory Act of 1992 shall 2 be deposited into the State Furbearer Fund and State Pheasant 3 Fund, respectively. 4 Before any person 16 years of age or older shall take, 5 attempt to take, or sell the green hide of any mammal of the 6 species defined as fur-bearing mammals by Section 2.2 for 7 which an open season is established under this Act, he shall 8 first have procured a State Habitat Stamp. 9 (b) Before any person who is a non-resident of the State 10 of Illinois shall take or attempt to take any of the species 11 protected by Section 2.2, except white-tailed deer or wild12turkey,for which an open season is established under this 13 Act, he shall, unless specifically exempted by law, first 14 procure a non-resident license as provided by this Act for 15 the taking of any wild game. 16 Before a nonresident shall take or attempt to take 17 white-tailed deer, he shall first have procured a Deer 18 Hunting Permit as defined in Section 2.26 of this Code. 19 Before a nonresident shall take or attempt to take wild 20 turkeys, he shall have procured a Wild Turkey Hunting Permit 21 as defined in Section 2.11 of this Code. 22 (c) The owners residing on, or bona fide tenants of, 23 farm lands and their children, parents, brothers, and sisters 24 actually permanently residing on their lands shall have the 25 right to hunt any of the species protected by Section 2.2 26 upon their lands and waters without procuring hunting 27 licenses; but the hunting shall be done only during periods 28 of time and with devices and by methods as are permitted by 29 this Act. Any person on active duty with the Armed Forces of 30 the United States who is now and who was at the time of 31 entering the Armed Forces a resident of Illinois and who 32 entered the Armed Forces from this State, and who is 33 presently on ordinary leave from the Armed Forces, and any 34 resident of Illinois who is disabled may hunt any of the HB1854 Engrossed -8- LRB9205414TAtm 1 species protected by Section 2.2 without procuring a hunting 2 license, but the hunting shall be done only during such 3 periods of time and with devices and by methods as are 4 permitted by this Act. For the purpose of this Section a 5 person is disabled when that person has a Type 1 or Type 4, 6 Class 2 disability as defined in Section 4A of the Illinois 7 Identification Card Act. For purposes of this Section, an 8 Illinois Disabled Person Identification Card issued pursuant 9 to the Illinois Identification Card Act indicating that the 10 person named has a Type 1 or Type 4, Class 2 disability shall 11 be adequate documentation of the disability. 12 (d) A courtesy non-resident license, permit, or stamp 13 for taking game may be issued at the discretion of the 14 Director, without fee, to any person officially employed in 15 the game and fish or conservation department of another state 16 or of the United States who is within the State to assist or 17 consult or cooperate with the Director; or to the officials 18 of other states, the United States, foreign countries, or 19 officers or representatives of conservation organizations or 20 publications while in the State as guests of the Governor or 21 Director. The Director may provide to nonresident 22 participants and official gunners at field trials an 23 exemption from licensure while participating in a field 24 trial. 25 (e) State Migratory Waterfowl Stamps shall be required 26 for those persons qualifying under subsections (c) and (d) 27 who intend to hunt migratory waterfowl, including coots, to 28 the extent that hunting licenses of the various types are 29 authorized and required by this Section for those persons. 30 (f) Registration in the U.S. Fish and Wildlife Migratory 31 Bird Harvest Information Program shall be required for those 32 persons who are required to have a hunting license before 33 taking or attempting to take any bird of the species defined 34 as migratory game birds by Section 2.2, except that this HB1854 Engrossed -9- LRB9205414TAtm 1 subsection shall not apply to crows in this State or 2 hand-reared birds on licensed game breeding and hunting 3 preserve areas, for which an open season is established by 4 this Act. Persons registering with the Program must carry 5 proof of registration with them while migratory bird hunting. 6 The Department shall publish suitable prescribed 7 regulations pertaining to registration by the migratory bird 8 hunter in the U.S. Fish and Wildlife Service Migratory Bird 9 Harvest Information Program. 10 (Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.) 11 (520 ILCS 5/3.1-3 new) 12 Sec. 3.1-3. Deer and wild turkey outfitter permit; 13 application and fees. Before any person provides or offers to 14 provide, for compensation, outfitting services for deer or 15 wild turkey hunting, that person must apply for and receive a 16 permit from the Department. The annual fee for resident 17 outfitter permits shall not exceed $1,000. The annual fee 18 for nonresident outfitter permits shall not exceed $2,500. 19 All outfitter permit fees shall be deposited into the 20 Wildlife and Fish Fund. The criteria, definitions, 21 application process, fees, and standards of outfitting 22 services shall be provided by administrative rule. 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.