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Public Act 102-0932


 

Public Act 0932 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0932
 
HB4386 EnrolledLRB102 23033 CMG 32187 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Wildlife Code is amended by changing
Sections 2.25, 2.26, and 2.33 and by adding Sections 1.2aa and
1.2bb as follows:
 
    (520 ILCS 5/1.2aa new)
    Sec. 1.2aa. Centerfire. "Centerfire" means a gun that will
only fire a round that contains the primer in the center of the
cartridge and not in the rim of the cartridge.
 
    (520 ILCS 5/1.2bb new)
    Sec. 1.2bb. Single shot. "Single shot" means a gun that is
either manufactured or modified to only be capable of holding
a total of one round in the magazine and chamber combined.
"Single shot" does not include: (a) a rifle in the possession
of a person who is also in possession of or in close proximity
to a magazine that would allow the rifle to be capable of
holding more than one round or (b) a revolver. A gun shall be
considered single shot if there is no magazine in the
possession of or in close proximity to a hunter in the field
and the gun can only hold a total of one round.
 
    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
    Sec. 2.25. It shall be unlawful for any person to take deer
except (i) with a shotgun, handgun, single shot centerfire
rifle, or muzzleloading rifle or (ii) as provided by
administrative rule, with a bow and arrow, during the open
season of not more than 14 days which will be set annually by
the Director between the dates of November 1st and December
31st, both inclusive, or a special 3-day, youth-only season
between the dates of September 1 and October 31. For the
purposes of this Section, legal handguns and rifles are
limited to include any centerfire handguns that are either a
single shot or revolver and centerfire rifles that are single
shot of .30 caliber or larger with a minimum barrel length of 4
inches. The only legal ammunition for a centerfire handgun or
rifle is a bottleneck centerfire cartridge of .30 caliber or
larger with a case length not exceeding one and two-fifths
inches, or a straight-walled centerfire cartridge of .30
caliber or larger, both of which must be available as a factory
load with the published ballistic tables of the manufacturer
showing a capability of at least 500 foot pounds of energy at
the muzzle. The barrel of a handgun shall be at least 4 inches.
Full metal jacket bullets may not be used to harvest deer.
    The Department shall make administrative rules concerning
management restrictions applicable to the firearm and bow and
arrow season.
    It shall be unlawful for any person to take deer except
with a bow and arrow during the open season for bow and arrow
set annually by the Director between the dates of September
1st and January 31st, both inclusive.
    It shall be unlawful for any person to take deer except
with (i) a muzzleloading rifle or (ii) bow and arrow during the
open season for muzzleloading rifles set annually by the
Director.
    The Director shall cause an administrative rule setting
forth the prescribed rules and regulations, including bag and
possession limits and those counties of the State where open
seasons are established, to be published in accordance with
Sections 1.3 and 1.13 of this Act.
    The Department may establish separate harvest periods for
the purpose of managing or eradicating disease that has been
found in the deer herd. This season shall be restricted to gun
or bow and arrow hunting only. The Department shall publicly
announce, via statewide news release, the season dates and
shooting hours, the counties and sites open to hunting.
    The Department is authorized to establish a separate
harvest period at specific sites within the State for the
purpose of harvesting surplus deer that cannot be taken during
the regular season provided for the taking of deer. This
season shall be restricted to gun or bow and arrow hunting only
and shall be established during the period of September 1st to
February 15th, both inclusive. The Department shall publicly
announce, via statewide news release, the season dates and
shooting hours, and the counties and sites open to hunting.
The Department shall publish suitable prescribed rules and
regulations established by administrative rule pertaining to
management restrictions applicable to this special harvest
program. The Department shall allow unused gun deer permits
that are left over from a regular season for the taking of deer
to be rolled over and used during any separate harvest period
held within 6 months of the season for which those tags were
issued at no additional cost to the permit holder subject to
the management restrictions applicable to the special harvest
program.
    Beginning July 1, 2019, and on an annual basis thereafter,
the Department shall provide a report to the General Assembly
providing information regarding deer management programs
established by the Code or by administrative rule that
includes: (1) the number of surplus deer taken during each
separate harvest season; (2) the number of deer found to have a
communicable disease or other abnormality; and (3) what
happens to the deer taken during each separate harvest season.
(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)
 
    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
    Sec. 2.26. Deer hunting permits. Any person attempting to
take deer shall first obtain a "Deer Hunting Permit" issued by
the Department in accordance with its administrative rules.
Those rules must provide for the issuance of the following
types of resident deer archery permits: (i) a combination
permit, consisting of one either-sex permit and one
antlerless-only permit, (ii) a single antlerless-only permit,
and (iii) a single either-sex permit. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25.00 for residents of the State. The
Department may by administrative rule provide for non-resident
deer hunting permits for which the fee will not exceed $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter except as
provided below for non-resident landowners and non-resident
archery hunters. The Department may by administrative rule
provide for a non-resident archery deer permit consisting of
not more than 2 harvest tags at a total cost not to exceed $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
fees for a youth resident and non-resident archery deer permit
shall be the same.
    The Department shall create a pilot program during the
special 3-day, youth-only deer hunting season to allow for
youth deer hunting permits that are valid statewide, excluding
those counties or portions of counties closed to firearm deer
hunting. The Department shall adopt rules to implement the
pilot program. Nothing in this paragraph shall be construed to
prohibit the Department from issuing Special Hunt Area Permits
for the youth-only deer hunting season or establishing,
through administrative rule, additional requirements
pertaining to the youth-only deer hunting season on
Department-owned or Department-managed sites, including
site-specific quotas or drawings. The provisions of this
paragraph are inoperative on and after January 1, 2023.
    The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
    No person may have in his or her possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer unless in accordance with the Firearm
Concealed Carry Act.
    Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of shotgun, handgun, rifle, or muzzle loading
rifle.
    Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
    It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of
and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking
wounded deer must maintain physical control of the dog at all
times by means of a maximum 50 foot lead attached to the dog's
collar or harness. Tracking wounded deer is permissible at
night, but at no time outside of legal deer hunting hours or
seasons shall any person handling or accompanying a dog being
used for tracking wounded deer be in possession of any firearm
or archery device. Persons tracking wounded deer with a dog
during the firearm deer seasons shall wear blaze orange or
solid blaze pink color as required. Dog handlers tracking
wounded deer with a dog are exempt from hunting license and
deer permit requirements so long as they are accompanied by
the licensed deer hunter who wounded the deer.
    It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted
by administrative rule.
    Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
    It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun in
any deer hunting party.
    It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
    The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
    The Department shall not limit the number of non-resident,
either-sex archery deer hunting permits to less than 20,000.
    Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
    For the purposes of calculating acreage under this
Section, the Department shall, after determining the total
acreage of the applicable tract or tracts of land, round
remaining fractional portions of an acre greater than or equal
to half of an acre up to the next whole acre.
    For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
102-237, eff. 1-1-22.)
 
    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
    Sec. 2.33. Prohibitions.
    (a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
    (b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
    (c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
    (d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
    (e) (Blank).
    (f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
    (g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
    (h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is
burning.
    (i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for
the purpose of driving upon a roadway. Striped skunk, opossum,
red fox, gray fox, raccoon, bobcat, and coyote may be taken
during the open season by use of a small light which is worn on
the body or hand-held by a person on foot and not in any
vehicle.
    (j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species
protected by this Act.
    (k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
    (l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
    (m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted
with a one piece plug that is irremovable without dismantling
the shotgun or otherwise altered to render it incapable of
holding more than 3 shells in the magazine and chamber,
combined.
    (n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or to
have or carry any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in a
case, or otherwise made inoperable unless in accordance with
the Firearm Concealed Carry Act.
    (o) (Blank).
    (p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver or
airgun.
    (q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
    (r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
    (s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
    (t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, intentionally
or wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by
the hearsay rule when offered for the purpose of showing the
required notice.
    (u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow,
hunting with dog and shotgun using shot shells only, or
hunting with shotgun using shot shells only, or providing
outfitting services under a waterfowl outfitter permit, or on
licensed game breeding and hunting preserve areas, as defined
in Section 3.27, on federally owned and managed lands and on
Department owned, managed, leased, or controlled lands, a 100
yard restriction shall apply.
    (v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
    (w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the
tracking of wounded deer with a dog in accordance with the
provisions of Section 2.26 of this Code.
    (x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while engaged
in hunting or trapping thereon.
    (y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
    (z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable of
normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
    (aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting
fur-bearing mammals, excluding coyotes.
    (bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
    (cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
    (dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
    (ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Sections 2.25 and
Section 2.26 and administrative rules.
    (ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color or solid
blaze pink color, with such articles of clothing displaying a
minimum of 400 square inches of blaze orange or solid blaze
pink color material.
    (gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color or
solid blaze pink color. For purposes of this Act, upland game
is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
Pheasant, Eastern Cottontail and Swamp Rabbit.
    (hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and
include such in the bag limit. It shall be unlawful for any
person having control over harvested game mammals, game birds,
or migratory game birds for which there is a bag limit to
wantonly waste or destroy the usable meat of the game, except
this shall not apply to wildlife taken under Sections 2.37 or
3.22 of this Code. For purposes of this subsection, "usable
meat" means the breast meat of a game bird or migratory game
bird and the hind ham and front shoulders of a game mammal. It
shall be unlawful for any person to place, leave, dump, or
abandon a wildlife carcass or parts of it along or upon a
public right-of-way or highway or on public or private
property, including a waterway or stream, without the
permission of the owner or tenant. It shall not be unlawful to
discard game meat that is determined to be unfit for human
consumption.
    (ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
    (jj) (Blank).
    (kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
    (ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
    (mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
    (nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
    (oo) It is unlawful while deer hunting:
        (1) to possess or be in close proximity to a rifle that
    is not centerfire; or
        (2) be in possession of or in close proximity to a
    magazine that is capable of making a rifle not a single
    shot.
(Source: P.A. 102-237, eff. 1-1-22.)

Effective Date: 1/1/2023