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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing Section | |||||||||||||||||||
5 | 2.33 as follows:
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6 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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7 | Sec. 2.33. Prohibitions.
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8 | (a) It is unlawful to carry or possess any gun in any
State | |||||||||||||||||||
9 | refuge unless otherwise permitted by administrative rule.
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10 | (b) It is unlawful to use or possess any snare or | |||||||||||||||||||
11 | snare-like device,
deadfall, net, or pit trap to take any | |||||||||||||||||||
12 | species, except that snares not
powered by springs or other | |||||||||||||||||||
13 | mechanical devices may be used to trap
fur-bearing mammals, in | |||||||||||||||||||
14 | water sets only, if at least one-half of the snare
noose is | |||||||||||||||||||
15 | located underwater at all times.
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16 | (c) It is unlawful for any person at any time to take a | |||||||||||||||||||
17 | wild mammal
protected by this Act from its den by means of any | |||||||||||||||||||
18 | mechanical device,
spade, or digging device or to use smoke or | |||||||||||||||||||
19 | other gases to dislodge or
remove such mammal except as | |||||||||||||||||||
20 | provided in Section 2.37.
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21 | (d) It is unlawful to use a ferret or any other small | |||||||||||||||||||
22 | mammal which is
used in the same or similar manner for which | |||||||||||||||||||
23 | ferrets are used for the
purpose of frightening or driving any |
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1 | mammals from their dens or hiding places.
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2 | (e) (Blank).
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3 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
4 | device to
take any species protected by this Act.
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5 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
6 | for the
purpose of taking any species protected by this Act.
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7 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
8 | grass,
brush or other inflammable substance when it is burning.
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9 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
10 | or disturb
in any manner any wild birds or mammals by use or | ||||||
11 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
12 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
13 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
14 | any light from or any light connected to the
vehicle or | ||||||
15 | conveyance in any area where wildlife may be found except in
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16 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
17 | this
Section shall prohibit the normal use of headlamps for the | ||||||
18 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
19 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
20 | season by use of a small
light which is worn on the body or | ||||||
21 | hand-held by a person on foot and not in any
vehicle.
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22 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
23 | while
taking or attempting to take any of the species protected | ||||||
24 | by this Act.
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25 | (k) It is unlawful to use or possess in the field any | ||||||
26 | shotgun shell loaded
with a shot size larger than lead BB or |
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1 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
2 | species of wild game mammals (excluding white-tailed
deer), | ||||||
3 | wild game birds, migratory waterfowl or migratory game birds | ||||||
4 | protected
by this Act, except white-tailed deer as provided for | ||||||
5 | in Section 2.26 and other
species as provided for by subsection | ||||||
6 | (l) or administrative rule.
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7 | (l) It is unlawful to take any species of wild game, except
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8 | white-tailed deer, with a shotgun loaded with slugs unless | ||||||
9 | otherwise
provided for by administrative rule.
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10 | (m) It is unlawful to use any shotgun capable of holding | ||||||
11 | more than 3
shells in the magazine or chamber combined, except | ||||||
12 | on game breeding and
hunting preserve areas licensed under | ||||||
13 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
14 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
15 | capable of holding more than 3 shells, it shall, while being | ||||||
16 | used on an
area other than a game breeding and shooting | ||||||
17 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
18 | a one piece plug that is
irremovable without dismantling the | ||||||
19 | shotgun or otherwise altered to
render it incapable of holding | ||||||
20 | more than 3 shells in the magazine and
chamber, combined.
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21 | (n) It is unlawful for any person, except persons who | ||||||
22 | possess a permit to
hunt from a vehicle as provided in this | ||||||
23 | Section and persons otherwise permitted
by law, to have or | ||||||
24 | carry any gun in or on any vehicle, conveyance or aircraft,
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25 | unless such gun is unloaded and enclosed in a case, except that | ||||||
26 | at field trials
authorized by Section 2.34 of this Act, |
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1 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
2 | carried on horseback while not contained in a case, or
to have | ||||||
3 | or carry any bow or arrow device in or on any vehicle unless | ||||||
4 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
5 | otherwise made
inoperable.
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6 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
7 | taking any
wild birds or mammals, except as provided for in | ||||||
8 | Section 2.33.
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9 | (p) It is unlawful to take game birds, migratory game birds | ||||||
10 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
11 | airgun.
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12 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
13 | airgun on,
over or into any waters of this State, including | ||||||
14 | frozen waters.
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15 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
16 | device
along, upon, across, or from any public right-of-way or | ||||||
17 | highway in this State.
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18 | (s) It is unlawful to use a silencer or other device to | ||||||
19 | muffle or
mute the sound of the explosion or report resulting | ||||||
20 | from the firing of
any gun.
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21 | (t) It is unlawful for any person to trap or hunt, or | ||||||
22 | intentionally or wantonly allow a dog to
hunt, within or upon | ||||||
23 | the land of another, or upon waters flowing over or
standing on | ||||||
24 | the land of another, without first obtaining permission from
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25 | the owner or tenant. It shall be prima facie evidence that a | ||||||
26 | person does
not have permission of the owner or tenant if the |
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1 | person is unable to
demonstrate to the law enforcement officer | ||||||
2 | in the field that permission had
been obtained. This provision | ||||||
3 | may only be rebutted by testimony of the
owner or tenant that | ||||||
4 | permission had been given. Before enforcing this
Section the | ||||||
5 | law enforcement officer must have received notice from the
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6 | owner or tenant of a violation of this Section. Statements made | ||||||
7 | to the
law enforcement officer regarding this notice shall not | ||||||
8 | be rendered
inadmissible by the hearsay rule when offered for | ||||||
9 | the purpose of showing the
required notice.
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10 | (u) It is unlawful for any person to discharge any firearm | ||||||
11 | for the purpose
of taking any of the species protected by this | ||||||
12 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
13 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
14 | without
first obtaining permission from the owner or tenant, | ||||||
15 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
16 | with dog and shotgun using shot
shells only, or hunting with | ||||||
17 | shotgun using shot shells only, or
on licensed game breeding | ||||||
18 | and hunting preserve areas, as defined in Section
3.27, on | ||||||
19 | property operated under a Migratory Waterfowl Hunting Area | ||||||
20 | Permit, on
federally owned and managed lands and on Department | ||||||
21 | owned, managed, leased or
controlled lands, a 100 yard | ||||||
22 | restriction shall apply.
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23 | (v) It is unlawful for any person to remove fur-bearing | ||||||
24 | mammals from, or
to move or disturb in any manner, the traps | ||||||
25 | owned by another person without
written authorization of the | ||||||
26 | owner to do so.
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1 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
2 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
3 | except that nothing in this Section shall prohibit the tracking | ||||||
4 | of wounded deer with a dog in accordance with the provisions of | ||||||
5 | Section 2.26 of this Code.
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6 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
7 | injure
or destroy, in any manner whatsoever, any real or | ||||||
8 | personal property on
the land of another while engaged in | ||||||
9 | hunting or trapping thereon.
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10 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
11 | between one
half hour after sunset and one half hour before | ||||||
12 | sunrise, except that
hunting hours between one half hour after | ||||||
13 | sunset and one half hour
before sunrise may be established by | ||||||
14 | administrative rule for fur-bearing
mammals.
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15 | (z) It is unlawful to take any game bird (excluding wild | ||||||
16 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
17 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
18 | Nothing in this Section shall prohibit
a person from carrying | ||||||
19 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
20 | crippled migratory waterfowl that is incapable of normal | ||||||
21 | flight, for the
purpose of attempting to reduce the migratory | ||||||
22 | waterfowl to possession, provided
that the attempt is made | ||||||
23 | immediately upon downing the migratory waterfowl and
is done | ||||||
24 | within 400 yards of the blind from which the migratory | ||||||
25 | waterfowl was
downed. This exception shall apply only to | ||||||
26 | migratory game birds that are not
capable of normal flight. |
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1 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
2 | shotgun as regulated by subsection (j) of this Section using
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3 | shotgun shells as regulated in subsection (k) of this Section.
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4 | (aa) It is unlawful to use or possess any device that may | ||||||
5 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
6 | mammals.
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7 | (bb) It is unlawful for any person, except licensed game | ||||||
8 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
9 | possess alive in this
State any species of wildlife taken | ||||||
10 | outside of this State, without
obtaining permission to do so | ||||||
11 | from the Director.
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12 | (cc) It is unlawful for any person to have in his or her
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13 | possession any freshly killed species protected by this Act | ||||||
14 | during the season
closed for taking.
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15 | (dd) It is unlawful to take any species protected by this | ||||||
16 | Act and retain
it alive.
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17 | (ee) It is unlawful to possess any rifle while in the field | ||||||
18 | during gun
deer season except as provided in Section 2.26 and | ||||||
19 | administrative rules.
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20 | (ff) It is unlawful for any person to take any species | ||||||
21 | protected by
this Act, except migratory waterfowl, during the | ||||||
22 | gun deer hunting season in
those counties open to gun deer | ||||||
23 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
24 | upper outer garment of a solid blaze orange color, with
such | ||||||
25 | articles of clothing displaying a minimum of 400 square inches | ||||||
26 | of
blaze orange material.
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1 | (gg) It is unlawful during the upland game season for any | ||||||
2 | person to take
upland game with a firearm unless he or she | ||||||
3 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
4 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
5 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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6 | Cottontail and Swamp Rabbit.
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7 | (hh) It shall be unlawful to kill or cripple any species | ||||||
8 | protected by
this Act for which there is a daily bag limit | ||||||
9 | without making a reasonable
effort to retrieve such species and | ||||||
10 | include such in the daily bag limit.
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11 | (ii) This Section shall apply only to those species | ||||||
12 | protected by this
Act taken within the State. Any species or | ||||||
13 | any parts thereof, legally taken
in and transported from other | ||||||
14 | states or countries, may be possessed
within the State, except | ||||||
15 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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16 | (jj) Nothing contained in this Section shall prohibit the | ||||||
17 | use of bow
and arrow, or prevent the Director from issuing | ||||||
18 | permits to use a crossbow
to handicapped persons as provided by | ||||||
19 | administrative rule. As used herein,
"handicapped persons" | ||||||
20 | means those persons who have a permanent physical
impairment | ||||||
21 | due to injury or disease, congenital or acquired, which renders
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22 | them so severely disabled as to be unable to use a conventional | ||||||
23 | bow and arrow
device. Permits will be issued only after the | ||||||
24 | receipt of a physician's
statement confirming the applicant is | ||||||
25 | handicapped as defined above.
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26 | (kk) Nothing contained in this Section shall prohibit the |
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1 | Director
from issuing permits to paraplegics or to other | ||||||
2 | disabled persons who meet the
requirements set forth in | ||||||
3 | administrative rule to shoot or hunt from a vehicle
as provided | ||||||
4 | by that rule, provided that such is otherwise in accord with | ||||||
5 | this
Act.
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6 | (ll) Nothing contained in this Act shall prohibit the | ||||||
7 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
8 | Code or birds and mammals
protected by this Act, except deer | ||||||
9 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
10 | disguised to alter its identity or to further provide a place
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11 | of concealment and not propelled by sail or mechanical power. | ||||||
12 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
13 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
14 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
15 | used to take species protected by this Act.
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16 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
17 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
18 | gauge, with a rifled barrel.
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19 | (nn) An unarmed person may enter, on foot, the property of | ||||||
20 | another person for the sole purpose of retrieving a hunting | ||||||
21 | dog, unless previously prohibited in writing or orally by the | ||||||
22 | property owner. Any person entering the property of another | ||||||
23 | under this subsection shall stay only as long as necessary to | ||||||
24 | retrieve the hunting dog.
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25 | (Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
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