State of Illinois
92nd General Assembly
Legislation

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92_SB2431

 
                                               LRB9218222AGgc

 1        AN ACT concerning animals.

 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 1.2t, 2.33, 2.33a, and 2.37 and  by  adding  Section
 6    1.2y as follows:

 7        (520 ILCS 5/1.2t) (from Ch. 61, par. 1.2t)
 8        Sec.  1.2t. "Wildlife" means any bird or mammal living in
 9    a state of nature without  the  care  of  man  including  all
10    species  covered  by  this Act. It does not include companion
11    animals as defined in the Humane Care for  Animals  Act  (510
12    ILCS 70/).
13    (Source: P.A. 81-382.)

14        (520 ILCS 5/1.2y new)
15        Sec.   1.2y.  "Humane   euthanasia"  means  the  painless
16    administration of a lethal dose of an agent or  a  method  of
17    euthanasia  that  causes  the painless death of an animal, as
18    prescribed in the Report of the American  Veterinary  Medical
19    Association  Panel  on Euthanasia published in the Journal of
20    the American Veterinary Medical Association,  March  1,  2001
21    (or any successor version of that Report).

22        (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
23        Sec. 2.33. Prohibitions.
24        (a)  It  is  unlawful  to carry or possess any gun in any
25    State refuge unless  otherwise  permitted  by  administrative
26    rule.
27        (b)  It  is  unlawful  to  use  or  possess  any snare or
28    snare-like device, deadfall, net, or pit  trap  to  take  any
29    species,  except  that snares not powered by springs or other
 
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 1    mechanical devices may be used to trap  fur-bearing  mammals,
 2    in  water  sets only, if at least one-half of the snare noose
 3    is located underwater at all times.
 4        (c)  It is unlawful for any person at any time to take  a
 5    wild  mammal  protected  by this Act from its den by means of
 6    any mechanical device, spade, or digging  device  or  to  use
 7    smoke or other gases to dislodge or remove such mammal except
 8    as provided in Section 2.37.
 9        (d)  It  is  unlawful  to use a ferret or any other small
10    mammal which is used in the same or similar manner for  which
11    ferrets  are  used  for the purpose of frightening or driving
12    any mammals from their dens or hiding places.
13        (e)  (Blank).
14        (f)  It is unlawful to use spears,  gigs,  hooks  or  any
15    like device to take any species protected by this Act.
16        (g)  It   is   unlawful  to  use  poisons,  chemicals  or
17    explosives for the purpose of taking any species protected by
18    this Act.
19        (h)  It is unlawful to hunt adjacent to or near any peat,
20    grass, brush  or  other  inflammable  substance  when  it  is
21    burning.
22        (i)  It  is  unlawful  to  take,  pursue or intentionally
23    harass or disturb in any manner any wild birds or mammals  by
24    use  or aid of any vehicle or conveyance, except as permitted
25    by  the  Code  of  Federal  Regulations  for  the  taking  of
26    waterfowl.  It is also unlawful to  use  the  lights  of  any
27    vehicle  or  conveyance  or  any  light  from  or  any  light
28    connected  to  the  vehicle  or  conveyance in any area where
29    wildlife may be found except in accordance with Section  2.37
30    of  this Act; however, nothing in this Section shall prohibit
31    the normal use of headlamps for the purpose of driving upon a
32    roadway.  Striped skunk, opossum, red fox, gray fox,  raccoon
33    and  coyote  may  be taken during the open season by use of a
34    small light which is worn on  the  body  or  hand-held  by  a
 
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 1    person on foot and not in any vehicle.
 2        (j)  It  is  unlawful  to  use any shotgun larger than 10
 3    gauge while taking or attempting to take any of  the  species
 4    protected by this Act.
 5        (k)  It  is  unlawful  to use or possess in the field any
 6    shotgun shell loaded with a shot size larger than lead BB  or
 7    steel  T (.20 diameter) when taking or attempting to take any
 8    species of wild game mammals (excluding  white-tailed  deer),
 9    wild  game birds, migratory waterfowl or migratory game birds
10    protected by this Act, except white-tailed deer  as  provided
11    for  in  Section  2.26  and  other species as provided for by
12    subsection (l) or administrative rule.
13        (l)  It is unlawful to take any  species  of  wild  game,
14    except  white-tailed  deer,  with a shotgun loaded with slugs
15    unless otherwise provided for by administrative rule.
16        (m)  It is unlawful to use any shotgun capable of holding
17    more than 3 shells  in  the  magazine  or  chamber  combined,
18    except  on  game breeding and hunting preserve areas licensed
19    under Section 3.27 and except as permitted  by  the  Code  of
20    Federal  Regulations  for  the  taking  of waterfowl.  If the
21    shotgun is capable of holding more than 3 shells,  it  shall,
22    while  being  used  on an area other than a game breeding and
23    shooting preserve area licensed pursuant to Section 3.27,  be
24    fitted  with  a  one  piece  plug that is irremovable without
25    dismantling the shotgun or otherwise  altered  to  render  it
26    incapable  of  holding more than 3 shells in the magazine and
27    chamber, combined.
28        (n)  It is unlawful for any person,  except  persons  who
29    possess  a  permit to hunt from a vehicle as provided in this
30    Section and persons otherwise permitted by law,  to  have  or
31    carry  any  gun in or on any vehicle, conveyance or aircraft,
32    unless such gun is unloaded and enclosed in  a  case,  except
33    that  at field trials authorized by Section 2.34 of this Act,
34    unloaded guns or guns loaded with blank cartridges only,  may
 
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 1    be  carried on horseback while not contained in a case, or to
 2    have or carry any bow or arrow device in or  on  any  vehicle
 3    unless  such bow or arrow device is unstrung or enclosed in a
 4    case, or otherwise made inoperable.
 5        (o)  It is unlawful to use any crossbow for  the  purpose
 6    of  taking  any wild birds or mammals, except as provided for
 7    in Section 2.33.
 8        (p)  It is unlawful to take game  birds,  migratory  game
 9    birds  or  migratory waterfowl with a rifle, pistol, revolver
10    or airgun.
11        (q)  It is unlawful to fire a rifle, pistol, revolver  or
12    airgun  on,  over or into any waters of this State, including
13    frozen waters.
14        (r)  It is unlawful to discharge any gun or bow and arrow
15    device along, upon, across, or from any  public  right-of-way
16    or highway in this State.
17        (s)  It  is unlawful to use a silencer or other device to
18    muffle or mute the sound of the explosion or report resulting
19    from the firing of any gun.
20        (t)  It is unlawful for any person to trap  or  hunt,  or
21    allow  a  dog to hunt, within or upon the land of another, or
22    upon waters flowing over or standing on the land of  another,
23    without  first obtaining permission from the owner or tenant.
24    It shall be prima facie evidence that a person does not  have
25    permission  of the owner or tenant if the person is unable to
26    demonstrate to the law enforcement officer in the field  that
27    permission  had  been  obtained.   This provision may only be
28    rebutted by testimony of the owner or tenant that  permission
29    had  been  given.   Before  enforcing  this  Section  the law
30    enforcement officer must have received notice from the  owner
31    or tenant of a violation of this Section.  Statements made to
32    the  law  enforcement officer regarding this notice shall not
33    be rendered inadmissible by the hearsay rule when offered for
34    the purpose of showing the required notice.
 
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 1        (u)  It is unlawful  for  any  person  to  discharge  any
 2    firearm  for  the  purpose  of  taking  any  of  the  species
 3    protected  by  this  Act, or hunt with gun or dog, or allow a
 4    dog to hunt,  within  300  yards  of  an  inhabited  dwelling
 5    without  first obtaining permission from the owner or tenant,
 6    except that while  trapping,  hunting  with  bow  and  arrow,
 7    hunting  with  dog  and  shotgun  using  shot shells only, or
 8    hunting with shotgun using shot shells only, or  on  licensed
 9    game  breeding  and  hunting  preserve  areas,  as defined in
10    Section  3.27,  on  property  operated  under   a   Migratory
11    Waterfowl Hunting Area Permit, on federally owned and managed
12    lands  and on Department owned, managed, leased or controlled
13    lands, a 100 yard restriction shall apply.
14        (v)  It is unlawful for any person to remove  fur-bearing
15    mammals  from, or to move or disturb in any manner, the traps
16    owned by another person without written authorization of  the
17    owner to do so.
18        (w)  It  is  unlawful for any owner of a dog to knowingly
19    or wantonly allow his or her dog to pursue,  harass  or  kill
20    deer.
21        (x)  It  is  unlawful  for  any  person  to  wantonly  or
22    carelessly  injure  or destroy, in any manner whatsoever, any
23    real or personal  property  on  the  land  of  another  while
24    engaged in hunting or trapping thereon.
25        (y)  It  is  unlawful to hunt wild game protected by this
26    Act between one half hour after  sunset  and  one  half  hour
27    before  sunrise,  except  that hunting hours between one half
28    hour after sunset and one half hour  before  sunrise  may  be
29    established by administrative rule for fur-bearing mammals.
30        (z)  It is unlawful to take any game bird (excluding wild
31    turkeys  and  crippled pheasants not capable of normal flight
32    and otherwise irretrievable) protected by this Act  when  not
33    flying.  Nothing in this Section shall prohibit a person from
34    carrying  an  uncased,  unloaded  shotgun in a boat, while in
 
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 1    pursuit of a crippled migratory waterfowl that  is  incapable
 2    of normal flight, for the purpose of attempting to reduce the
 3    migratory  waterfowl to possession, provided that the attempt
 4    is made immediately upon downing the migratory waterfowl  and
 5    is  done  within  400  yards  of  the  blind  from  which the
 6    migratory waterfowl was downed.  This exception  shall  apply
 7    only  to  migratory game birds that are not capable of normal
 8    flight.  Migratory waterfowl that are crippled may  be  taken
 9    only  with  a  shotgun as regulated by subsection (j) of this
10    Section using shotgun shells as regulated in  subsection  (k)
11    of this Section.
12        (aa)  It  is  unlawful  to use or possess any device that
13    may be used for  tree  climbing  or  cutting,  while  hunting
14    fur-bearing mammals.
15        (bb)  It is unlawful for any person, except licensed game
16    breeders,  pursuant to Section 2.29 to import, carry into, or
17    possess alive in this State any  species  of  wildlife  taken
18    outside  of this State, without obtaining permission to do so
19    from the Director.
20        (cc)  It is unlawful for any person to have in his or her
21    possession any freshly killed species protected by  this  Act
22    during the season closed for taking.
23        (dd)  It  is  unlawful  to  take any species protected by
24    this Act and retain it alive.
25        (ee)  It is unlawful to possess any rifle  while  in  the
26    field  during  gun  deer season except as provided in Section
27    2.26 and administrative rules.
28        (ff)  It is unlawful for any person to take  any  species
29    protected by this Act, except migratory waterfowl, during the
30    gun  deer  hunting  season in those counties open to gun deer
31    hunting, unless he or she wears, when in the field, a cap and
32    upper outer garment of a solid blaze orange color, with  such
33    articles  of  clothing  displaying  a  minimum  of 400 square
34    inches of blaze orange material.
 
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 1        (gg)  It is unlawful during the upland  game  season  for
 2    any  person  to  take upland game with a firearm unless he or
 3    she wears, while in the field, a cap of  solid  blaze  orange
 4    color.   For  purposes of this Act, upland game is defined as
 5    Bobwhite Quail, Hungarian  Partridge,  Ring-necked  Pheasant,
 6    Eastern Cottontail and Swamp Rabbit.
 7        (hh)  It shall be unlawful to kill or cripple any species
 8    protected  by  this  Act for which there is a daily bag limit
 9    without making a reasonable effort to retrieve  such  species
10    and include such in the daily bag limit.
11        (ii)  This  Section  shall  apply  only  to those species
12    protected by this Act taken within the State.  Any species or
13    any parts thereof, legally  taken  in  and  transported  from
14    other states or countries, may be possessed within the State,
15    except  as  provided  in this Section and Sections 2.35, 2.36
16    and 3.21.
17        (jj)  Nothing contained in this  Section  shall  prohibit
18    the  use  of  bow  and  arrow,  or  prevent the Director from
19    issuing permits to use a crossbow to handicapped  persons  as
20    provided   by   administrative   rule.    As   used   herein,
21    "handicapped   persons"   means  those  persons  who  have  a
22    permanent physical  impairment  due  to  injury  or  disease,
23    congenital  or  acquired,  which  renders  them  so  severely
24    disabled  as to be unable to use a conventional bow and arrow
25    device.  Permits will be issued only after the receipt  of  a
26    physician's statement confirming the applicant is handicapped
27    as defined above.
28        (kk)  Nothing  contained  in  this Section shall prohibit
29    the Director from issuing permits to paraplegics or to  other
30    disabled  persons  who  meet  the  requirements  set forth in
31    administrative rule to  shoot  or  hunt  from  a  vehicle  as
32    provided  by  that  rule,  provided that such is otherwise in
33    accord with this Act.
34        (ll)  Nothing contained in this Act  shall  prohibit  the
 
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 1    taking of aquatic life protected by the Fish and Aquatic Life
 2    Code  or birds and mammals protected by this Act, except deer
 3    and fur-bearing mammals,  from  a  boat  not  camouflaged  or
 4    disguised to alter its identity or to further provide a place
 5    of concealment and not propelled by sail or mechanical power.
 6    However,  only  shotguns not larger than 10 gauge nor smaller
 7    than .410 bore loaded with not more than 3 shells of  a  shot
 8    size  no larger than lead BB or steel T (.20 diameter) may be
 9    used to take species protected by this Act.
10        (mm)  Nothing contained in this Act  shall  prohibit  the
11    use of a shotgun, not larger than 10 gauge nor smaller than a
12    20 gauge, with a rifled barrel.
13        (nn)  Drowning,  burning, and using household products or
14    solvents are unlawful methods of euthanasia for  any  species
15    protected by this Act.
16    (Source:  P.A.  91-654,  eff.  12-15-99; 92-325, eff. 8-9-01;
17    92-651, eff. 7-11-02.)

18        (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
19        Sec. 2.33a.  (a) It is unlawful  to  fail  to  visit  and
20    remove  all animals from traps staked out, set, used, tended,
21    placed or maintained at least once each calendar day.
22        (b)  It is unlawful for any person to place, set, use, or
23    maintain a leghold trap or one  of  similar  construction  on
24    land, that has a jaw spread of larger than 6 1/2 inches (16.6
25    CM),  or  a body-gripping trap or one of similar construction
26    having a jaw spread larger than 7 inches (17.8 CM) on a  side
27    if square and 8 inches (20.4 CM) if round;
28        (c)  It is unlawful for any person to place, set, use, or
29    maintain  a  leghold  trap  or one of similar construction in
30    water, that has a jaw spread of  larger  than  7  1/2  inches
31    (19.1  CM),  or  a  body-gripping  trap  or  one  of  similar
32    construction  having a jaw spread larger than 10 inches (25.4
33    CM) on a side if square and 12 inches (30.5 CM) if round;
 
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 1        (d)  It is unlawful to use  any  trap  with  saw-toothed,
 2    spiked, or toothed jaws;
 3        (e)  It  is unlawful to destroy, disturb or in any manner
 4    interfere with dams, lodges, burrows or feed beds  of  beaver
 5    while  trapping  for beaver or to set a trap inside a muskrat
 6    house or beaver lodge, except that this shall  not  apply  to
 7    Drainage  Districts who are acting pursuant to the provisions
 8    of Section 2.37;
 9        (f)  It is unlawful to trap beaver with:  (1)  a  leghold
10    trap  or  one  of similar construction having a jaw spread of
11    less than 5 1/2 inches (13.9 CM) or more than  7  1/2  inches
12    (19.1  CM),  or  (2)  a  body-gripping trap or one of similar
13    construction having a jaw spread of less than 7 inches  (17.7
14    CM)  or more than 10 inches (25.4 CM) on a side if square and
15    12 inches (30.5 CM) if round, except that these  restrictions
16    shall not apply during the open season for trapping muskrats;
17        (g)  It  is  unlawful  to  set  traps closer than 10 feet
18    (3.05 M) from any hole or den which may be occupied by a game
19    mammal or fur-bearing mammal  except  that  this  restriction
20    shall not apply to water sets.
21        (h)  It  is  unlawful  to  trap  or  attempt  to trap any
22    fur-bearing mammal with any colony, cage, box, or  stove-pipe
23    trap  designed  to  take  more  than  one  mammal at a single
24    setting.
25        (i)  It is unlawful for any person to set  or  place  any
26    trap  designed  to  take  any fur-bearing mammal protected by
27    this Act during the closed trapping season.  Proof  that  any
28    trap  was  placed  during the closed trapping season shall be
29    deemed prima facie evidence of a violation of this provision.
30        (j)  It is  unlawful  to  place,  set,  or  maintain  any
31    leghold  trap  or  one  of similar construction within thirty
32    (30) feet (9.14 m)  of  bait  placed  in  such  a  manner  or
33    position that it is not completely covered and concealed from
34    sight,  except  that this shall not apply to underwater sets.
 
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 1    Bait shall mean and include  any  bait  composed  of  mammal,
 2    bird, or fish flesh, fur, hide, entrails or feathers.
 3        (k)  It shall be unlawful for hunters or trappers to have
 4    the  green  hides  of  fur-bearing mammals, protected by this
 5    Act, in their possession except during the  open  season  and
 6    for  an  additional  period  of  10 days succeeding such open
 7    season.
 8        (l)  It is unlawful for any person to place, set, use, or
 9    maintain a snare trap  or  one  of  similar  construction  in
10    water, that has a loop diameter exceeding 15 inches (38.1 CM)
11    or a cable or wire diameter of more than 1/8 inch (3.2 MM) or
12    less  than  5/64  inch  (2.0  MM),  that  is  constructed  of
13    stainless steel metal cable or wire, and that does not have a
14    mechanical lock, anchor swivel and stop device to prevent the
15    mechanical  lock from closing the noose loop to a diameter of
16    less than 2 1/2 inches (6.4 CM).
17    (Source: P.A. 85-152; 86-1354.)

18        (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
19        Sec. 2.37.  Authority to kill  wildlife  responsible  for
20    damage.   Subject to federal regulations and Section 3 of the
21    Illinois Endangered Species Act, the Department may authorize
22    owners and tenants of lands or  their  agents  to  remove  or
23    destroy  any  wild  bird or wild mammal when the wild bird or
24    wild mammal is known to be destroying property or  causing  a
25    risk to human health or safety upon his or her land.
26        Upon  receipt  by  the Department of information from the
27    owner, tenant, or sharecropper that any one or  more  species
28    of  wildlife  is  damaging  dams,  levees,  ditches, or other
29    property on  the  land  on  which  he  resides  or  controls,
30    together  with a statement regarding location of the property
31    damages, the  nature  and  extent  of  the  damage,  and  the
32    particular  species  of  wildlife  committing the damage, the
33    Department shall make an investigation.
 
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 1        If, after investigation, the Department finds that damage
 2    does exist and can be abated only by removing  or  destroying
 3    that  wildlife, a permit shall be issued by the Department to
 4    remove or destroy the species responsible causing the damage.
 5    The species shall be either (i) given to a licensed  wildlife
 6    rehabilitator  or  (ii)  humanely  euthanized by the painless
 7    administration of a lethal dose of an agent or  a  method  of
 8    euthanasia  that  causes  the painless death of an animal, as
 9    prescribed in the Report of the American  Veterinary  Medical
10    Association  Panel  on Euthanasia published in the Journal of
11    the American Veterinary Medial Association, March 1, 2001 (or
12    any successor version of that Report).  Unacceptable  methods
13    include, but are not limited to, burning, drowning, and other
14    unlawful practices.  Unacceptable agents include, but are not
15    limited to, household products or solvents.
16        A  permit  to control the damage shall be for a period of
17    up to 90 days, shall specify the means and methods  by  which
18    and the person or persons by whom the wildlife may be removed
19    or  destroyed,  and shall set forth the disposition procedure
20    to be made of all wildlife taken and other  restrictions  the
21    Director   considers   necessary   and   appropriate  in  the
22    circumstances of the particular case.  Whenever possible, the
23    wildlife shall be given to a licensed wildlife rehabilitator.
24    If  humane  euthanasia  is  the  disposition,  the  specimens
25    destroyed shall be given  to  a  bona-fide  public  or  State
26    scientific, educational, or zoological institution.
27        The  permittee  shall  advise  the Department in writing,
28    within 10 days after the expiration date of  the  permit,  of
29    the   number   of   individual  species  of  wildlife  taken,
30    disposition made of them, and any other information which the
31    Department may consider necessary.
32        Subject to federal  regulations  and  Section  3  of  the
33    Illinois  Endangered Species Act, the Department may grant to
34    an individual, corporation,  association  or  a  governmental
 
                            -12-               LRB9218222AGgc
 1    body the authority to control species protected by this Code.
 2    Any  method or agent of euthanasia used must be prescribed as
 3    acceptable or conditionally acceptable in the Report  of  the
 4    American  Veterinary  Medical Association Panel on Euthanasia
 5    published in the Journal of the American  Veterinary  Medical
 6    Association, March 1, 2001 (or any successor  version of that
 7    Report).    The   Department   shall   set  forth  applicable
 8    regulations in an Administrative Order and shall may  require
 9    periodic  reports  listing  species  taken;,  numbers of each
10    species  taken;,  dates  when  taken;  method  or  agent   of
11    euthanasia    used,    if   applicable;   licensed   wildlife
12    rehabilitator  used,  if  applicable;,  and  other  pertinent
13    information.
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  and  their  disposition,
 6    including the method or agent of euthanasia.  The report must
 7    indicate all species which were taken.
 8    (Source: P.A. 91-654, eff. 12-15-99.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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