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Public Act 102-0932 Public Act 0932 102ND GENERAL ASSEMBLY |
Public Act 102-0932 | HB4386 Enrolled | LRB102 23033 CMG 32187 b |
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| 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.
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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.
| 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,
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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.
| (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 .)
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Effective Date: 1/1/2023
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