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Public Act 098-0914 Public Act 0914 98TH GENERAL ASSEMBLY |
Public Act 098-0914 | HB5080 Enrolled | LRB098 16291 MGM 51351 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 2.33 and 3.1-3 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).
| (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 and coyote may be taken during the open | season by use of a small
light which is worn on the body or | hand-held by a person on foot and not in any
vehicle.
| (j) It is unlawful to use any shotgun larger than 10 gauge | while
taking or attempting to take any of the species protected | by this Act.
| (k) It is unlawful to use or possess in the field any | shotgun shell loaded
with a shot size larger than lead BB or |
| steel T (.20 diameter) when taking or
attempting to take any | species of wild game mammals (excluding white-tailed
deer), | wild game birds, migratory waterfowl or migratory game birds | protected
by this Act, except white-tailed deer as provided for | in Section 2.26 and other
species as provided for by subsection | (l) or administrative rule.
| (l) It is unlawful to take any species of wild game, except
| white-tailed deer and fur-bearing mammals, with a shotgun | loaded with slugs unless otherwise
provided for by | administrative rule.
| (m) It is unlawful to use any shotgun capable of holding | more than 3
shells in the magazine or chamber combined, except | on game breeding and
hunting preserve areas licensed under | Section 3.27 and except as permitted by
the Code of Federal | Regulations for the taking of waterfowl. If the shotgun
is | capable of holding more than 3 shells, it shall, while being | used on an
area other than a game breeding and shooting | preserve area licensed
pursuant to Section 3.27, be fitted with | a one piece plug that is
irremovable without dismantling the | shotgun or otherwise altered to
render it incapable of holding | more than 3 shells in the magazine and
chamber, combined.
| (n) It is unlawful for any person, except persons who | possess a permit to
hunt from a vehicle as provided in this | Section and persons otherwise permitted
by law, to have or | carry any gun in or on any vehicle, conveyance or aircraft,
| unless such gun is unloaded and enclosed in a case, except that |
| at field trials
authorized by Section 2.34 of this Act, | unloaded guns or guns loaded with blank
cartridges only, may be | carried on horseback while not contained in a case, or
to have | or carry any bow or arrow device in or on any vehicle unless | such bow
or arrow device is unstrung or enclosed in a case, or | otherwise made
inoperable.
| (o) It is unlawful to use any crossbow for the purpose of | taking any
wild birds or mammals, except as provided for in | Section 2.5.
| (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 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, | 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 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, 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 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 | disabled persons 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. | (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | 98-290, eff. 8-9-13; revised 9-24-13.)
| (520 ILCS 5/3.1-3)
| Sec. 3.1-3. Deer , waterfowl, and wild turkey outfitter | permit; application and fees. Before
any person provides or | offers to provide, for compensation, outfitting services
for | deer , waterfowl, or
wild turkey hunting, that person must apply | for and receive a permit from the
Department. The
annual fee | for resident outfitter permits shall not exceed $1,000. The | annual
fee for
nonresident outfitter permits shall not exceed | $2,500. All outfitter permit
fees shall be
deposited into the | Wildlife and Fish Fund. The criteria, definitions,
application |
| process,
fees, and standards of outfitting services shall be | provided by
administrative rule. Any person who violates any | provision of this Section, including administrative rules, | shall be guilty of a Class B misdemeanor.
| (Source: P.A. 92-177, eff. 7-27-01.)
| (520 ILCS 5/3.6 rep.)
| (520 ILCS 5/3.7 rep.)
| (520 ILCS 5/3.8 rep.)
| Section 10. The Wildlife Code is amended by repealing | Sections 3.6, 3.7, and 3.8.
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Effective Date: 1/1/2015
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