Public Act 90-0743 of the 90th General Assembly
Public Act 90-0743
SB1195 Enrolled LRB9007301SMpk
AN ACT concerning wildlife.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Fish and Aquatic Life Code is amended by
changing Sections 1-230, 20-5, 20-45, 20-55, and 20-120 as
follows:
(515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
Sec. 1-230. Wildlife and Fish Fund; disposition of money
received. All fees, fines, income of whatever kind or nature
derived from hunting and fishing activities on lands, waters,
or both under the jurisdiction or control of the Department,
and all penalties collected under this Code shall be
deposited into the State Treasury and shall be set apart in a
special fund to be known as the Wildlife and Fish Fund;
except that fees derived solely from the sale of one day Lake
Michigan sport fishing licenses, salmon stamps, income from
art contests for the salmon stamp, including income from the
sale of reprints, and gifts, donations, grants, and bequests
of money for the conservation and propagation of salmon shall
be deposited into the State Treasury and set apart in the
special fund to be known as the Salmon Fund; and except that
fees derived solely from the sale of state migratory
waterfowl stamps, and gifts, donations, grants and bequests
of money for the conservation and propagation of waterfowl,
shall be deposited into the State Treasury and set apart in
the special fund to be known as the State Migratory Waterfowl
Stamp Fund. All interest that accrues from moneys in the
Wildlife and Fish Fund, the Salmon Fund, and the State
Migratory Waterfowl Stamp Fund shall be retained in those
funds respectively. Appropriations from the Wildlife and Fish
Fund shall be made only to the Department for the carrying
out of the powers and functions vested by law in the
Department, including (i) the purchase of land for fish
hatcheries, wildlife refuges, preserves, and public shooting
and fishing grounds; (ii) the purchase and distribution of
wild birds, the eggs of wild birds, and wild mammals; (iii)
the rescuing, restoring and distributing of fish; (iv) the
maintenance of wildlife refuges or preserves, public shooting
grounds, public fishing grounds, and fish hatcheries; and (v)
the feeding and care of wild birds, wild mammals, and fish.
Appropriations from the Salmon Fund shall be made only to the
Department to be used solely for the conservation and
propagation of salmon, including construction, operation, and
maintenance of a cold water hatchery, and for payment of the
costs of printing salmon stamps, the expenses incurred in
acquiring salmon stamp designs, and the expenses of producing
reprints.
Appropriations from the State Migratory Waterfowl Stamp
Fund shall be made only to the Department to be used solely
for the following purposes:
(a) 50% of funds derived from the sale of State
migratory waterfowl stamps and 100% of all gifts,
donations, grants, and bequests of money for the
conservation and propagation of waterfowl for projects
approved by the Department shall be used for the purpose
of attracting waterfowl and improving public migratory
waterfowl areas within the State. These projects may
include the repair, maintenance, and operation of these
areas only in emergencies as determined by the State Duck
Stamp Committee; but none of the moneys spent within the
State shall be used for administrative expenses.
(b) 50% of funds derived from the sale of State
migratory waterfowl stamps shall be turned over by the
Department to appropriate non-profit organizations for
the development of waterfowl propagation areas within the
Dominion of Canada or the United States that specifically
provide waterfowl for the Mississippi Flyway. Before
turning over any moneys from the State Migratory
Waterfowl Stamp Fund, the Department shall obtain
evidence that the project is acceptable to the
appropriate governmental agency of the Dominion of Canada
or the United States or of one of its Provinces or States
having jurisdiction over the lands and waters affected by
the project and shall consult those agencies and the
State Duck Stamp Committee for approval before allocating
funds.
(Source: P.A. 87-833; 88-91.)
(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
Sec. 20-5. Necessity of license; exemptions.
(a) Any person taking or attempting to take any fish,
including minnows for commercial purposes, turtles, mussels,
crayfish, or frogs by any means whatever in any waters or
lands wholly or in part within the jurisdiction of the State,
including that part of Lake Michigan under the jurisdiction
of this State, shall first obtain a license to do so, and
shall do so only during the respective periods of the year
when it shall be lawful as provided in this Code. Individuals
under 16, blind or disabled residents, or individuals fishing
at fee fishing areas licensed by the Department, however, may
fish with sport fishing devices without being required to
have a license. For the purpose of this Section an
individual is blind or disabled if that individual has a
Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act. For purposes of this Section an
Illinois Disabled Person Identification Card issued under the
Illinois Identification Card Act indicating that the
individual named on the card has a Class 2 disability shall
be adequate documentation of a disability.
(b) A courtesy non-resident sport fishing license or
stamp may be issued at the discretion of the Director,
without fee, to (i) any individual officially employed in the
wildlife and fish or conservation department of another state
or of the United States who is within the State to assist or
consult or cooperate with the Director or (ii) the officials
of other states, the United States, foreign countries, or
officers or representatives of conservation organizations or
publications while in the State as guests of the Governor or
Director.
(c) The Director may issue special fishing permits
without cost to groups of hospital patients or handicapped
individuals for use on specified dates in connection with
supervised fishing for therapy.
(d) Veterans who, according to the determination of the
Veterans' Administration as certified by the Department of
Veterans' Affairs, are at least 10% disabled with
service-related disabilities or in receipt of total
disability pensions may fish with sport fishing devices
during those periods of the year it is lawful to do so
without being required to have a license, on the condition
that their respective disabilities do not prevent them from
fishing in a manner which is safe to themselves and others.
(e) Each year the Director may designate a period, not
to exceed 4 days in duration, when sport fishermen may fish
waters wholly or in part within the jurisdiction of the
State, including that part of Lake Michigan under the
jurisdiction of the State, and not be required to obtain the
license or stamp required by subsection (a) of this Section,
Section 20-10 or subsection (a) of Section 20-55. The term of
any such period shall be established by administrative rule.
This subsection shall not apply to commercial fishing.
(f) The Director may issue special fishing permits
without cost for a group event, restricted to specific dates
and locations if it is determined by the Department that the
event is beneficial in promoting sport fishing in Illinois.
(Source: P.A. 88-91; 89-66, eff. 1-1-96.)
(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
Sec. 20-45. License fees for residents. Fees for
licenses for residents of the State of Illinois shall be as
follows:
(a) Except as otherwise provided in this Section,
for sport fishing devices as defined in Section 10-95 or
spearing devices as defined in Section 10-110 the fee is
$12.50 for individuals 16 to 64 years old, and one-half
of the current fishing license fee for individuals age 65
or older, commencing with the 1994 license year.
(b) All residents before using any commercial
fishing device shall obtain a commercial fishing license,
the fee for which shall be $35. Each and every commercial
device used shall be licensed by a resident commercial
fisherman as follows:
(1) For each 100 lineal yards, or fraction
thereof, of seine the fee is $18. For each minnow
seine, minnow trap, or net for commercial purposes
the fee is $20.
(2) For each device to fish with a 100 hook
trot line device, basket trap, hoop net, or dip net
the fee is $3.
(3) When used in the waters of Lake Michigan,
for the first 2000 lineal feet, or fraction thereof,
of gill net the fee is $10; and for each 1000
additional lineal feet, or fraction thereof, the fee
is $10. These fees shall apply to all gill nets in
use in the water or on drying reels on the shore.
(4) For each 100 lineal yards, or fraction
thereof, of gill net or trammel net the fee is $18.
(c) Residents of the State of Illinois may obtain a
sportsmen's combination license that shall entitle the
holder to the same non-commercial fishing privileges as
residents holding a license as described in subsection
(a) of this Section and to the same hunting privileges as
residents holding a license to hunt all species as
described in Section 3.1 of the Wildlife Code. No
sportsmen's combination license shall be issued to any
individual who would be ineligible for either the fishing
or hunting license separately. The sportsmen's
combination license fee shall be $18.50. For residents
age 65 or older, the fee is one-half of the fee charged
for a sportsmen's combination license.
(d) For 24 hours of fishing one day for fishing in
Lake Michigan by sport fishing devices as defined in
Section 10-95 or by spearing devices as defined in
Section 10-110 the fee is $5. This license exempts the
licensee from the requirement for a salmon or inland
trout stamp. The licenses provided for by this subsection
are not required for residents of the State of Illinois
who have obtained the license provided for in subsection
(a) of this Section.
(e) All residents before using any commercial
mussel device shall obtain a commercial mussel license,
the fee for which shall be $50.
(f) Residents of this State, upon establishing
residency as required by the Department, may obtain a
lifetime hunting or fishing license or lifetime
sportsmen's combination license which shall entitle the
holder to the same non-commercial fishing privileges as
residents holding a license as described in paragraph (a)
of this Section and to the same hunting privileges as
residents holding a license to hunt all species as
described in Section 3.1 of the Wildlife Code. No
lifetime sportsmen's combination license shall be issued
to or retained by any individual who would be ineligible
for either the fishing or hunting license separately,
either upon issuance, or in any year a violation would
subject an individual to have either or both fishing or
hunting privileges rescinded. The lifetime hunting and
fishing license fees shall be as follows:
(1) Lifetime fishing: 30 x the current
fishing license fee.
(2) Lifetime hunting: 30 x the current
hunting license fee.
(3) Lifetime sportsmen's combination license:
30 x the current sportsmen's combination license
fee.
Lifetime licenses shall not be refundable. A $10 fee
shall be charged for reissuing any lifetime license. The
Department may establish rules and regulations for the
issuance and use of lifetime licenses and may suspend or
revoke any lifetime license issued under this Section for
violations of those rules or regulations or other provisions
under this Code or the Wildlife Code. Individuals under 16
years of age who possess a lifetime hunting or sportsmen's
combination license shall have in their possession, while in
the field, a certificate of competency as required under
Section 3.2 of the Wildlife Code. Any lifetime license
issued under this Section shall not exempt individuals from
obtaining additional stamps or permits required under the
provisions of this Code or the Wildlife Code. Individuals
required to purchase additional stamps shall sign the stamps
and have them in their possession while fishing or hunting
with a lifetime license. All fees received from the issuance
of lifetime licenses shall be deposited in the Fish and
Wildlife Endowment Fund.
Except for licenses issued under subsection (e) of this
Section, all licenses provided for in this Section shall
expire on March 31 of each year, except that the license
provided for in subsection (d) of this Section shall expire
24 hours after the effective date and time listed on the face
of the license at midnight on the day for which the license
was issued.
All individuals required to have and failing to have the
license provided for in subsection (a) or (d) of this Section
shall be fined according to the provisions of Section 20-35
of this Code.
All individuals required to have and failing to have the
licenses provided for in subsections (b) and (e) of this
Section shall be guilty of a Class B misdemeanor.
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
(515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
Sec. 20-55. License fees for non-residents. Fees for
licenses for non-residents of the State of Illinois are as
follows:
(a) For sport fishing devices as defined by Section
10-95, or spearing devices as defined in Section 10-110,
non-residents age 16 or older shall be charged $24 for a
fishing license to fish. For sport fishing devices as defined
by Section 10-95, or spearing devices as defined in Section
10-110, for a period not to exceed 10 consecutive days
fishing in the State of Illinois the fee is $12.50.
For sport fishing devices as defined in Section 10-95, or
spearing devices as defined in Section 10-110, for 24 hours
of fishing one day for fishing in Lake Michigan the fee is
$5. This license exempts the licensee from the salmon or
inland trout stamp requirement.
(b) All non-residents before using any commercial
fishing device shall obtain a non-resident commercial fishing
license, the fee for which shall be $150. Each and every
commercial device shall be licensed by a non-resident
commercial fisherman as follows:
(1) For each 100 lineal yards, or fraction thereof,
of seine (excluding minnow seines) the fee is $36.
(2) For each device to fish with a 100 hook trot
line device, basket trap, hoop net, or dip net the fee is
$6.
(3) For each 100 lineal yards, or fraction thereof,
of trammel net the fee is $36.
(4) For each 100 lineal yards, or fraction thereof,
of gill net the fee is $36.
All persons required to have and failing to have the
license provided for in subsection (a) of this Section shall
be fined under Section 20-35 of this Code. Each person
required to have and failing to have the licenses required
under subsection (b) of this Section shall be guilty of a
Class B misdemeanor.
All licenses provided for in this Section shall expire on
March 31 of each year; except that the 24-hour license for
sport fishing devices or spearing devices shall expire 24
hours after the effective date and time listed on the face of
the license and licenses for sport fishing devices or
spearing devices for a period not to exceed 10 consecutive
days fishing in the State of Illinois as provided in
subsection (a) of this Section shall expire at midnight on
the tenth day after issued, not counting the day issued.
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
(515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
Sec. 20-120. Designation of agents; liability; bond. The
Department of Natural Resources has the authority to
designate agents to sell licenses, stamps, and permits on
behalf of the Department. Any person receiving licenses from
the Department for sale as provided in this Section (i) shall
execute and deliver receipts for the licenses; (ii) shall, on
dates specified by the Department, report in writing to the
Department the number and kinds of licenses sold; and (iii)
shall, with the report, make remittance to the Department
covering the amounts due it from the sales. Failure on the
part of any clerk or agent to fully comply with the
provisions of this Code, including administrative rules,
shall be justification for the Department to cancel or
withdraw the issuance of licenses through that clerk or
agent. A salmon stamp shall be deemed a license for the
purposes of this Section.
(a) Any person appointed or designated by the Department
including any county, city, village, township, or
incorporated town clerk issuing licenses provided for in this
Code may add the fees provided in paragraph (b) as the fee
for issuing the licenses. These clerks, however, shall remit
to the treasurer of the political subdivision of which he or
she is an officer or employee, the added fees or any portion
of the added fees he or she collects provided in paragraph
(b). Issuing fees may be divided between the clerks and their
appointed subagents other than employees of the clerk's
office, but in no case may any clerk or subagent charge an
issuing fee or fees totaling more than the issuing fee set
out in this Section.
(b) Any person authorized to issue licenses under
subsection (a) may add to the license fee a fee of $.75 in
the case of Sportsmen's Combination Licenses or nonresident
hunting licenses, and $.50 in the case of all other licenses,
permits, and stamps.
(c) No person or subagent of any county, city, village,
township, or incorporated town clerk may charge a service fee
for issuing licenses provided for in this Code, and the
charging of fees for issuing licenses in excess of the fees
authorized is a petty offense. Any person authorized to issue
licenses by telephone and electronic transmission or
incurring costs for customer convenience may charge in
addition to the "issuing fee" authorized by this Section a
fee not to exceed an amount set by the Department, by
administrative rule, to cover the transaction cost.
(d) All fees, less issuing fees, collected from the sale
of licenses and permits and not remitted to the Department as
provided in this Section shall be deemed to have been
embezzled and the person or officer responsible for the
remittance is subject to prosecution. No person handling or
selling licenses is required to remit for any license now or
hereafter stolen, by means of forcible entry, or destroyed by
a fire in the premises where the licenses are kept, if he or
she submits an affidavit to the Department describing the
circumstances of the theft or cause of the destruction and
listing in the affidavit the type and numbers of the licenses
so stolen or destroyed.
(e) Within 30 days after the expiration of the time in
which any class of license is usable, payment for licenses
sold shall be made in full to the Department and persons
possessing unused license forms shall return them to the
Department prepaid.
(f) No person is permitted to make deductions from
remittances sent to the Department for postage or for the
cost of, or fees for, drafts or money orders.
(g) Any county, city, village, township, or incorporated
town clerk handling or selling licenses as provided in this
Section is liable to the State personally. All other persons
designated or appointed by the Department to handle or sell
licenses as provided in this Section shall, before receiving
any licenses for sale, file with the Department a bond in an
amount specified by the Department on a form to be approved
by and with a surety or sureties satisfactory to the
Department conditioned upon the person or persons paying to
the State of Illinois all monies becoming due by reason of
the sale of the licenses.
(h) No person shall falsify, alter, or change in any
manner, or loan or transfer to another, any license, permit,
or tag issued under this Section or falsify any records
required by this Code or counterfeit or duplicate any form of
license, permit, or tag provided for by this Code. Any person
who violates this subsection shall be subject to the penalty
provisions of Section 20-35 of this Code.
(Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.)
Section 5. The Wildlife Code is amended by changing
Sections 2.33, 2.36a, 3.1, 3.5, 3.37, and 3.39 as follows:
(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). It is unlawful to use any recording or
electronic calling device to attract or attempt to attract,
or to take or attempt to take, any of the wild mammals, wild
birds or fur-bearing mammals protected by this Act between
sunset and sunrise.
(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. It is also unlawful
to use the lights of any vehicle or conveyance or any light
from or any light connected to such 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 and except that striped
skunk, opossum, red fox, gray fox, raccoon 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, wild fur-bearing mammals, 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, with a shotgun loaded with rifled
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. 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
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.
(o) It is unlawful to use any crossbow for the purpose
of taking any wild birds or mammals, except as provided for
in Section 2.33.
(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 trap or hunt, or
allow a dog to hunt, within or upon the land of another, or
upon waters flowing over or standing on the land of another,
without first obtaining permission from the owner or tenant.
It shall be prima facie evidence that a person does not have
permission of the owner or tenant if the person is unable to
demonstrate to the law enforcement officer in the field that
permission had been obtained. This provision may only be
rebutted by testimony of the owner or tenant that permission
had been given. Before enforcing this Section the law
enforcement officer must have received notice from the owner
or tenant 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 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 on licensed
game breeding and hunting preserve areas, as defined in
Section 3.27, on property operated under a Migratory
Waterfowl Hunting Area Permit, 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.
(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 half hour after sunset and half hour before
sunrise except that hunting hours between half hour after
sunset and 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), migratory game birds or
migratory waterfowl 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 400 200 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.
(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 their
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.
(ee) It is unlawful to possess any rifle while in the
field during gun deer season except as provided in 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 wears, when in the field, a cap and upper
outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square
inches of blaze orange 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. 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 daily bag limit
without making a reasonable effort to retrieve such species
and include such in the daily bag limit.
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.
Nothing contained in this Section shall prohibit the use
of bow and arrow, or prevent the Director from issuing
permits to use a crossbow to take deer to handicapped
persons. As used herein, "handicapped persons" means those
persons who have a permanent physical impairment due to
injury or disease, congenital or acquired, which renders them
so severely disabled as to be unable to use a conventional
bow and arrow device. Permits will be issued only after the
receipt of a physician's statement confirming the applicant
is handicapped as defined above.
Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or persons
physically unable to walk, to shoot or hunt from a standing
vehicle, provided that such is otherwise in accord with this
Act.
Nothing contained in this Act shall prohibit the taking
of aquatic life protected by the Fish 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.
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.
(Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
8-17-95.)
(520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
Sec. 2.36a. Value of protected species; violations.
(a) Any person who, for profit or commercial purposes,
knowingly captures or kills, possesses, offers for sale,
sells, offers to barter, barters, offers to purchase,
purchases, delivers for shipment, ships, exports, imports,
causes to be shipped, exported, or imported, delivers for
transportation, transports or causes to be transported,
carries or causes to be carried, or receives for shipment,
transportation, carriage, or export any animal or part of
animal of the species protected by this Act, contrary to the
provisions of this Act, and such animals, in whole or in
part, are valued at or in excess of a total of $300, as per
specie value specified in subsection (c) of this Section,
commits a Class 3 felony.
A person shall be guilty of a Class 4 felony if convicted
under this Section for more than one violation within a
90-day period where the animals of each violation are not
valued at or in excess of $300, but the total value of the
animals from the multiple violations is at or in excess of
$300. The prosecution for a Class 4 felony for these
multiple violations must be alleged in a single charge or
indictment and brought in a single prosecution.
(b) Possession of animals, in whole or in part, captured
or killed in violation of this Act, valued at or in excess of
$600, as per specie value specified in subsection (c) of this
Section, shall be considered prima facie evidence of
possession for profit or commercial purposes.
(c) For purposes of this Section, the fair market value
or replacement cost, whichever is greater, shall be used to
determine the value of the species protected by this Act, but
in no case shall the minimum the value of all species
protected by this Act be less than are as follows:
(1) Bald Eagle, $500 $200;
(2) Whitetail deer and wild turkey, $250 $145;
(3) Fur-bearing mammals, $25;
(4) Game birds, (except the wild turkey) and,
migratory game birds (except Trumpeter swans), $25
resident and migratory non-game birds (except bald eagle
and those listed in (5) below), game mammals (except
whitetail deer), and non-game mammals, $10;
(5) Eagles, Owls, hawks, falcons, kites, harriers,
and ospreys, and other birds of prey $125;.
(6) Game mammals (except whitetail deer), $25;
(7) Other mammals, $50;
(8) Resident and migratory non-game birds (except
birds of prey), $50;
(9) Trumpeter swans, $250.
(Source: P.A. 87-435.)
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
Sec. 3.1. License and stamps required.
(a) Before any person shall take or attempt to take any
of the species protected by Section 2.2 for which an open
season is established under this Act, he shall first have
procured and possess a valid hunting license.
Before any person 16 years of age or older shall take or
attempt to take any bird of the species defined as migratory
waterfowl by Section 2.2, including coots, he shall first
have procured a State Migratory Waterfowl Stamp.
Before any person 16 years of age or older takes,
attempts to take, or pursues any species of wildlife
protected by this Code, except migratory waterfowl, coots,
and hand-reared birds on licensed game breeding and hunting
preserve areas and state controlled pheasant hunting areas,
he or she shall first obtain a State Habitat Stamp. Disabled
veterans and former prisoners of war shall not be required to
obtain State Habitat Stamps. Any person who obtained a
lifetime license before January 1, 1993, shall not be
required to obtain State Habitat Stamps. Income from the sale
of State Furbearer Stamps and State Pheasant Stamps received
after the effective date of this amendatory Act of 1992 shall
be deposited into the State Furbearer Fund and State Pheasant
Fund, respectively.
Before any person 16 years of age or older shall take,
attempt to take, or sell the green hide of any mammal of the
species defined as fur-bearing mammals by Section 2.2 for
which an open season is established under this Act, he shall
first have procured a State Habitat Stamp.
(b) Before any person who is a non-resident of the State
of Illinois shall take or attempt to take any of the species
protected by Section 2.2, except white-tailed deer or wild
turkey, for which an open season is established under this
Act, he shall, unless specifically exempted by law, first
procure a non-resident license as provided by this Act for
the taking of any wild game.
Before a nonresident shall take or attempt to take
white-tailed deer, he shall first have procured a Deer
Hunting Permit as defined in Section 2.26 of this Code.
Before a nonresident shall take or attempt to take wild
turkeys, he shall have procured a Wild Turkey Hunting Permit
as defined in Section 2.11 of this Code.
(c) The owners residing on, or bona fide tenants of,
farm lands and their children, parents, brothers, and sisters
actually permanently residing on their lands shall have the
right to hunt any of the species protected by Section 2.2
upon their lands and waters without procuring hunting
licenses; but the hunting shall be done only during periods
of time and with devices and by methods as are permitted by
this Act. Any person on active duty with the Armed Forces of
the United States who is now and who was at the time of
entering the Armed Forces a resident of Illinois and who
entered the Armed Forces from this State, and who is
presently on ordinary leave from the Armed Forces, and any
resident of Illinois who is disabled may hunt any of the
species protected by Section 2.2 without procuring a hunting
license, but the hunting shall be done only during such
periods of time and with devices and by methods as are
permitted by this Act. For the purpose of this Section a
person is disabled when that person has a Type 1 or Type 4,
Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Disabled Person Identification Card issued pursuant
to the Illinois Identification Card Act indicating that the
person named has a Type 1 or Type 4, Class 2 disability shall
be adequate documentation of the disability.
(d) A courtesy non-resident license, permit, or stamp
for taking game may be issued at the discretion of the
Director, without fee, to any person officially employed in
the game and fish or conservation department of another state
or of the United States who is within the State to assist or
consult or cooperate with the Director; or to the officials
of other states, the United States, foreign countries, or
officers or representatives of conservation organizations or
publications while in the State as guests of the Governor or
Director. The Director may provide to nonresident
participants and official gunners at field trials an
exemption from licensure while participating in a field
trial.
(e) State Migratory Waterfowl Stamps shall be required
for those persons qualifying under subsections (c) and (d)
who intend to hunt migratory waterfowl, including coots, to
the extent that hunting licenses of the various types are
authorized and required by this Section for those persons.
(f) Registration in the U.S. Fish and Wildlife Migratory
Bird Harvest Information Program shall be required for those
persons who are required to have a hunting license before
taking or attempting to take any bird of the species defined
as migratory game birds by Section 2.2, except that this
subsection shall not apply to crows in this State or
hand-reared birds on licensed game breeding and hunting
preserve areas, for which an open season is established by
this Act. Persons registering with the Program must carry
proof of registration with them while migratory bird hunting.
The Department shall publish suitable prescribed
regulations pertaining to registration by the migratory bird
hunter in the U.S. Fish and Wildlife Service Migratory Bird
Harvest Information Program.
(Source: P.A. 88-45; 88-91; 89-341, eff. 8-17-95.)
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
Sec. 3.5. Penalties; probation.
(a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be
guilty of a Class 3 felony, except as otherwise provided in
subsection (b) of this Section and subsection (a) of Section
2.36a.
(b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision
for, any offense under Section 1.22, 2.36, or 2.36a or
subsection (i) or (cc) of Section 2.33, the court may,
without entering a judgment and with the person's consent,
sentence the person to probation for a violation of Section
2.36a.
(1) When a person is placed on probation, the court
shall enter an order specifying a period of probation of
24 months and shall defer further proceedings in the case
until the conclusion of the period or until the filing of
a petition alleging violation of a term or condition of
probation.
(2) The conditions of probation shall be that the
person:
(A) Not violate any criminal statute of any
jurisdiction.
(B) Perform no less than 30 hours of community
service, provided community service is available in
the jurisdiction and is funded and approved by the
county board.
(3) The court may, in addition to other conditions:
(A) Require that the person make a report to
and appear in person before or participate with the
court or courts, person, or social service agency as
directed by the court in the order of probation.
(B) Require that the person pay a fine and
costs.
(C) Require that the person refrain from
possessing a firearm or other dangerous weapon.
(D) Prohibit the person from associating with
any person who is actively engaged in any of the
activities regulated by the permits issued or
privileges granted by the Department of Natural
Resources.
(4) Upon violation of a term or condition of
probation, the court may enter a judgment on its original
finding of guilt and proceed as otherwise provided.
(5) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and
dismiss the proceedings against the person.
(6) A disposition of probation is considered to be
a conviction for the purposes of imposing the conditions
of probation, for appeal, and for administrative
revocation and suspension of licenses and privileges;
however, discharge and dismissal under this Section is
not a conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime.
(7) Discharge and dismissal under this Section may
occur only once with respect to any person.
(8) If a person is convicted of an offense under
this Act within 5 years subsequent to a discharge and
dismissal under this Section, the discharge and dismissal
under this Section shall be admissible in the sentencing
proceeding for that conviction as a factor in
aggravation.
(9) The Circuit Clerk shall notify the Department
of State Police of all persons convicted of or placed
under probation for violations of Section 2.36a.
(c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21,
and 3.24 - 3.26, including administrative rules, shall be
guilty of a Class B misdemeanor.
Any person who violates any of the provisions of Sections
1.22, 2.4, 2.36 and 2.38, including administrative rules,
shall be guilty of a Class A misdemeanor. Any second or
subsequent violations of Sections 2.4 and 2.36 shall be a
Class 4 felony.
Any person who violates any of the provisions of this
Act, including administrative rules, during such period when
his license, privileges, or permit is revoked or denied by
virtue of Section 3.36, shall be guilty of a Class A
misdemeanor.
Any person who violates subsection (g), (i), (o), (p),
(y), or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties.
Any person who violates any other of the provisions of
this Act including administrative rules, unless otherwise
stated, shall be guilty of a petty offense. Offenses
committed by minors under the direct control or with the
consent of a parent or guardian may subject the parent or
guardian to the penalties prescribed in this Section.
In addition to any fines imposed pursuant to the
provisions of this Section or as otherwise provided in this
Act, any person found guilty of unlawfully taking or
possessing any species protected by this Act, shall be
assessed a civil penalty for such species in accordance with
the values prescribed in Section 2.36a of this Act. This
civil penalty shall be imposed by the Circuit Court for the
county within which the offense was committed at the time of
the conviction. All penalties provided for in this Section
shall be remitted to the Department in accordance with the
same provisions provided for in Section 1.18 of this Act.
(Source: P.A. 86-354; 86-1039; 87-798.)
(520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
Sec. 3.37. The Department of Natural Resources has the
authority to designate agents to sell licenses, stamps and
permits on behalf of the Department. Any person receiving
licenses from the Department for sale as provided for in this
Section, shall execute and deliver receipts therefor; and
shall on dates specified by the Department report in writing
to the Department the number and kind of licenses sold, and
shall, with such reports, make remittances to the Department
covering the amounts received from such sales. Failure on the
part of any clerk or agent to fully comply with this Act,
including administrative rules, shall be justification for
the Department to cancel or withdraw the issuance of licenses
through such clerks or agents. A Federal Migratory Bird
Hunting and Conservation Stamp shall be deemed a license for
the purpose of this Section. Any person authorized by the
Department including any county, city, village, township, or
incorporated town clerk issuing licenses, permits or stamps
provided for in this Act, may add the following as the fees
for issuing such licenses: 75 cents in the case of
Sportsmen's Combination Licenses or nonresident hunting
licenses, and 50 cents in the case of all other licenses,
permits and stamps. However, such clerks shall remit to the
treasurer of the political subdivision of which he is an
officer or employee, the added fees or any portion thereof he
or she collects provided in this Section. Issuing fees may
be divided between such clerks and their appointed subagents
other than employees of the clerk's office, but in no case
may any clerk or subagent charge an issuing fee or fees
totaling more than the issuing fee set out in this Section.
No person, or subagent of any county, city, village, township
or incorporated town clerk may charge a service fee for
issuing licenses provided for in this Act, and the charging
of fees for issuing such licenses in excess of the fees
authorized is a petty offense. All fees, less issuing fees,
collected from the sale of licenses and permits and not
remitted to the Department as provided in this Section, shall
be deemed to have been embezzled and the person or officer
responsible for such remittance is subject to prosecution.
Any person authorized to issue licenses by telephone and
electronic transmission or incurring costs for customer
convenience may charge in addition to the "issuing fee"
authorized by this Section a fee not to exceed an amount set
by the Department, by administrative rule, to cover the
transaction cost.
(Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.)
(520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
Sec. 3.39. Residents of the State of Illinois may obtain
a Sportsmen's Combination License which shall entitle the
holder to the same non-commercial fishing privileges as
residents holding a fishing license described in subparagraph
(a) of Section 20-45 of the Fish and Aquatic Life Code, and
to the same hunting privileges as residents holding a license
to hunt all species, as described in Section 3.1 of this Act.
However, no Sportsmen's Combination License shall be issued
to any person who would be ineligible for either the fishing
or hunting license separately. The Sportsmen's Combination
License fee shall be $18.50. For residents age 65 or older,
the fee is one-half of the fee charged for a Sportsmen's
Combination License.
(Source: P.A. 87-895; 88-91.)