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(520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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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
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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.
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The Department shall make administrative rules concerning |
management
restrictions applicable to the firearm and bow and |
arrow season.
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It shall be unlawful for any person to take deer except |
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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.
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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.
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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.
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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
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shooting hours, the counties and sites open to hunting.
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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 |
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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.
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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.
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(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)
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(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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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.
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Those rules must provide for the issuance of the following |
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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
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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.
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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 |
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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.
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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.
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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
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rifle.
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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.
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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, |
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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.
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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.
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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.
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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.
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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.
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The Department may prohibit upland game hunting during the |
gun deer
season by administrative rule.
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The Department shall not limit the number of non-resident, |
either-sex archery deer hunting permits to less than 20,000.
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Any person who violates any of the provisions of this |
Section,
including administrative rules, shall be guilty of a |
Class B misdemeanor.
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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 |
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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.)
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(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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Sec. 2.33. Prohibitions.
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(a) It is unlawful to carry or possess any gun in any
State |
refuge unless otherwise permitted by administrative rule.
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(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.
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(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.
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(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.
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(e) (Blank).
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(f) It is unlawful to use spears, gigs, hooks or any like |
device to
take any species protected by this Act.
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(g) It is unlawful to use poisons, chemicals or explosives |
for the
purpose of taking any species protected by this Act.
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(h) It is unlawful to hunt adjacent to or near any peat, |
grass,
brush or other inflammable substance when it is |
burning.
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(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
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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
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vehicle.
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(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.
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(k) It is unlawful to use or possess in the field any |
shotgun shell loaded
with a shot size larger than lead BB or |
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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.
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(l) It is unlawful to take any species of wild game, except
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white-tailed deer and fur-bearing mammals, with a shotgun |
loaded with slugs unless otherwise
provided for by |
administrative rule.
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(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.
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(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,
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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.
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(o) (Blank).
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(p) It is unlawful to take game birds, migratory game |
birds or
migratory waterfowl with a rifle, pistol, revolver or |
airgun.
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(q) It is unlawful to fire a rifle, pistol, revolver or |
airgun on,
over or into any waters of this State, including |
frozen waters.
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(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.
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(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.
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(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 |
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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
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required notice.
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(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 |
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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.
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(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.
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(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.
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(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.
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(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.
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(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 |
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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
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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
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shotgun shells as regulated in subsection (k) of this Section.
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(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.
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(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.
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(cc) It is unlawful for any person to have in his or her
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possession any freshly killed species protected by this Act |
during the season
closed for taking.
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(dd) It is unlawful to take any species protected by this |
Act and retain
it alive except as provided by administrative |
rule.
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(ee) It is unlawful to possess any rifle while in the field |
during gun
deer season except as provided in Sections 2.25 and |
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Section 2.26 and administrative rules.
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(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.
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(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.
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(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 |
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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.
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(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.
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(jj) (Blank).
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(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.
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(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
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of concealment and not propelled by sail or mechanical power. |
However, only
shotguns not larger than 10 gauge nor smaller |
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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.
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(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.
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(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.)
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