Illinois General Assembly - Full Text of HB1827
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Full Text of HB1827  102nd General Assembly

HB1827 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1827

 

Introduced 2/17/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2g  from Ch. 61, par. 1.2g
520 ILCS 5/2.30  from Ch. 61, par. 2.30
520 ILCS 5/2.30b
520 ILCS 5/2.33  from Ch. 61, par. 2.33
520 ILCS 5/2.30c rep.

    Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.


LRB102 10272 CMG 15599 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1827LRB102 10272 CMG 15599 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 1.2g, 2.30, 2.30b, and 2.33 as follows:
 
6    (520 ILCS 5/1.2g)  (from Ch. 61, par. 1.2g)
7    Sec. 1.2g. "Fur-bearing mammals" means the following
8specific species, mink, muskrat, raccoon, striped skunk,
9weasel, bobcat, opossum, beaver, river otter, badger, red fox,
10gray fox, and coyote.
11(Source: P.A. 81-382.)
 
12    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
13    Sec. 2.30. Except as provided in this Section, it shall be
14unlawful for any person to trap or to hunt with gun, dog, dog
15and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
16mink, muskrat, badger, bobcat, and opossum except during the
17open season which will be set annually by the Director between
1812:01 a.m., November 1 to 12:00 midnight, February 15, both
19inclusive.
20    It shall be unlawful for any person to hunt or trap bobcat
21in this State on and after the effective date of this
22amendatory Act of the 100th General Assembly in the counties

 

 

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1of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
2Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
3Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
4McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
5Vermilion, Will, Winnebago, and Woodford and north of U.S.
6Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
7junction with Illinois Route 121 and north or east of Illinois
8Route 121 in Macon. For the season beginning in 2017, a total
9number of 350 bobcats may be hunted or trapped lawfully, or the
10conclusion of the season occurs, whichever is earlier. For the
11season beginning in 2018, a total number of 375 bobcats may be
12hunted or trapped lawfully, or the conclusion of the season
13occurs, whichever is earlier. The changes added to this
14Section by this amendatory Act of the 100th General Assembly,
15except for this sentence, are inoperative on and after June
1630, 2019.
17    It is unlawful to pursue any fur-bearing mammal with a dog
18or dogs between the hours of sunset and sunrise during the 10
19day period preceding the opening date of the raccoon hunting
20season and the 10 day period following the closing date of the
21raccoon hunting season except that the Department may issue
22field trial permits in accordance with Section 2.34 of this
23Act. A non-resident from a state with more restrictive
24fur-bearer pursuit regulations for any particular species than
25provided for that species in this Act may not pursue that
26species in Illinois except during the period of time that

 

 

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1Illinois residents are allowed to pursue that species in the
2non-resident's state of residence. Hound running areas
3approved by the Department shall be exempt from the provisions
4of this Section.
5    It shall be unlawful to take beaver, river otter, weasel,
6mink, or muskrat except during the open season set annually by
7the Director, and then, only with traps, except that a
8firearm, pistol, or airgun of a caliber not larger than a .22
9long rifle may be used to remove the animal from the trap.
10    It shall be unlawful for any person to trap beaver or river
11otter with traps except during the open season which will be
12set annually by the Director between 12:01 a.m., November 1st
13and 12:00 midnight, March 31, both inclusive.
14    Coyote may be taken by trapping methods only during the
15period from September 1 to March 1, both inclusive, and by
16hunting methods at any time.
17    Striped skunk may be taken by trapping methods only during
18the period from September 1 to March 1, both inclusive, and by
19hunting methods at any time.
20    Muskrat may be taken by trapping methods during an open
21season set annually by the Director.
22    For the purpose of taking fur-bearing mammals, the State
23may be divided into management zones by administrative rule.
24    It shall be unlawful to take or possess more than the
25season limit or possession limit of fur-bearing mammals that
26shall be set annually by the Director. The season limit for

 

 

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1bobcat shall not exceed one bobcat per permit. Possession
2limits shall not apply to fur buyers, tanners, manufacturers,
3and taxidermists, as defined by this Act, who possess
4fur-bearing mammals in accordance with laws governing such
5activities.
6    Nothing in this Section shall prohibit the taking or
7possessing of fur-bearing mammals found dead or
8unintentionally killed by a vehicle along a roadway during the
9open season provided the person who possesses such fur-bearing
10mammals has all appropriate licenses, stamps, or permits; the
11season for which the species possessed is open; and that such
12possession and disposal of such fur-bearing mammals is
13otherwise subject to the provisions of this Section.
14    The provisions of this Section are subject to modification
15by administrative rule.
16(Source: P.A. 99-33, eff. 1-1-16; 100-524, eff. 9-22-17;
17100-779, eff. 8-10-18.)
 
18    (520 ILCS 5/2.30b)
19    Sec. 2.30b. River otter and bobcat pelts. The pelts of
20river otters and bobcats shall be tagged in accordance with
21federal regulation 50 CFR 23.69(e). The Department may require
22harvest registration and set forth procedures, fees for
23registration, and the process of tagging pelts in
24administrative rules. Fees for registration and tagging shall
25not exceed $5 per pelt.

 

 

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1(Source: P.A. 99-33, eff. 1-1-16.)
 
2    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
3    Sec. 2.33. Prohibitions.
4    (a) It is unlawful to carry or possess any gun in any State
5refuge unless otherwise permitted by administrative rule.
6    (b) It is unlawful to use or possess any snare or
7snare-like device, deadfall, net, or pit trap to take any
8species, except that snares not powered by springs or other
9mechanical devices may be used to trap fur-bearing mammals, in
10water sets only, if at least one-half of the snare noose is
11located underwater at all times.
12    (c) It is unlawful for any person at any time to take a
13wild mammal protected by this Act from its den by means of any
14mechanical device, spade, or digging device or to use smoke or
15other gases to dislodge or remove such mammal except as
16provided in Section 2.37.
17    (d) It is unlawful to use a ferret or any other small
18mammal which is used in the same or similar manner for which
19ferrets are used for the purpose of frightening or driving any
20mammals from their dens or hiding places.
21    (e) (Blank).
22    (f) It is unlawful to use spears, gigs, hooks or any like
23device to take any species protected by this Act.
24    (g) It is unlawful to use poisons, chemicals or explosives
25for the purpose of taking any species protected by this Act.

 

 

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1    (h) It is unlawful to hunt adjacent to or near any peat,
2grass, brush or other inflammable substance when it is
3burning.
4    (i) It is unlawful to take, pursue or intentionally harass
5or disturb in any manner any wild birds or mammals by use or
6aid of any vehicle or conveyance, except as permitted by the
7Code of Federal Regulations for the taking of waterfowl. It is
8also unlawful to use the lights of any vehicle or conveyance or
9any light from or any light connected to the vehicle or
10conveyance in any area where wildlife may be found except in
11accordance with Section 2.37 of this Act; however, nothing in
12this Section shall prohibit the normal use of headlamps for
13the purpose of driving upon a roadway. Striped skunk, opossum,
14red fox, gray fox, raccoon, bobcat, and coyote may be taken
15during the open season by use of a small light which is worn on
16the body or hand-held by a person on foot and not in any
17vehicle.
18    (j) It is unlawful to use any shotgun larger than 10 gauge
19while taking or attempting to take any of the species
20protected by this Act.
21    (k) It is unlawful to use or possess in the field any
22shotgun shell loaded with a shot size larger than lead BB or
23steel T (.20 diameter) when taking or attempting to take any
24species of wild game mammals (excluding white-tailed deer),
25wild game birds, migratory waterfowl or migratory game birds
26protected by this Act, except white-tailed deer as provided

 

 

HB1827- 7 -LRB102 10272 CMG 15599 b

1for in Section 2.26 and other species as provided for by
2subsection (l) or administrative rule.
3    (l) It is unlawful to take any species of wild game, except
4white-tailed deer and fur-bearing mammals, with a shotgun
5loaded with slugs unless otherwise provided for by
6administrative rule.
7    (m) It is unlawful to use any shotgun capable of holding
8more than 3 shells in the magazine or chamber combined, except
9on game breeding and hunting preserve areas licensed under
10Section 3.27 and except as permitted by the Code of Federal
11Regulations for the taking of waterfowl. If the shotgun is
12capable of holding more than 3 shells, it shall, while being
13used on an area other than a game breeding and shooting
14preserve area licensed pursuant to Section 3.27, be fitted
15with a one piece plug that is irremovable without dismantling
16the shotgun or otherwise altered to render it incapable of
17holding more than 3 shells in the magazine and chamber,
18combined.
19    (n) It is unlawful for any person, except persons who
20possess a permit to hunt from a vehicle as provided in this
21Section and persons otherwise permitted by law, to have or
22carry any gun in or on any vehicle, conveyance or aircraft,
23unless such gun is unloaded and enclosed in a case, except that
24at field trials authorized by Section 2.34 of this Act,
25unloaded guns or guns loaded with blank cartridges only, may
26be carried on horseback while not contained in a case, or to

 

 

HB1827- 8 -LRB102 10272 CMG 15599 b

1have or carry any bow or arrow device in or on any vehicle
2unless such bow or arrow device is unstrung or enclosed in a
3case, or otherwise made inoperable.
4    (o) (Blank).
5    (p) It is unlawful to take game birds, migratory game
6birds or migratory waterfowl with a rifle, pistol, revolver or
7airgun.
8    (q) It is unlawful to fire a rifle, pistol, revolver or
9airgun on, over or into any waters of this State, including
10frozen waters.
11    (r) It is unlawful to discharge any gun or bow and arrow
12device along, upon, across, or from any public right-of-way or
13highway in this State.
14    (s) It is unlawful to use a silencer or other device to
15muffle or mute the sound of the explosion or report resulting
16from the firing of any gun.
17    (t) It is unlawful for any person to take or attempt to
18take any species of wildlife or parts thereof, intentionally
19or wantonly allow a dog to hunt, within or upon the land of
20another, or upon waters flowing over or standing on the land of
21another, or to knowingly shoot a gun or bow and arrow device at
22any wildlife physically on or flying over the property of
23another without first obtaining permission from the owner or
24the owner's designee. For the purposes of this Section, the
25owner's designee means anyone who the owner designates in a
26written authorization and the authorization must contain (i)

 

 

HB1827- 9 -LRB102 10272 CMG 15599 b

1the legal or common description of property for such authority
2is given, (ii) the extent that the owner's designee is
3authorized to make decisions regarding who is allowed to take
4or attempt to take any species of wildlife or parts thereof,
5and (iii) the owner's notarized signature. Before enforcing
6this Section the law enforcement officer must have received
7notice from the owner or the owner's designee of a violation of
8this Section. Statements made to the law enforcement officer
9regarding this notice shall not be rendered inadmissible by
10the hearsay rule when offered for the purpose of showing the
11required notice.
12    (u) It is unlawful for any person to discharge any firearm
13for the purpose of taking any of the species protected by this
14Act, or hunt with gun or dog, or intentionally or wantonly
15allow a dog to hunt, within 300 yards of an inhabited dwelling
16without first obtaining permission from the owner or tenant,
17except that while trapping, hunting with bow and arrow,
18hunting with dog and shotgun using shot shells only, or
19hunting with shotgun using shot shells only, or providing
20outfitting services under a waterfowl outfitter permit, or on
21licensed game breeding and hunting preserve areas, as defined
22in Section 3.27, on federally owned and managed lands and on
23Department owned, managed, leased, or controlled lands, a 100
24yard restriction shall apply.
25    (v) It is unlawful for any person to remove fur-bearing
26mammals from, or to move or disturb in any manner, the traps

 

 

HB1827- 10 -LRB102 10272 CMG 15599 b

1owned by another person without written authorization of the
2owner to do so.
3    (w) It is unlawful for any owner of a dog to knowingly or
4wantonly allow his or her dog to pursue, harass or kill deer,
5except that nothing in this Section shall prohibit the
6tracking of wounded deer with a dog in accordance with the
7provisions of Section 2.26 of this Code.
8    (x) It is unlawful for any person to wantonly or
9carelessly injure or destroy, in any manner whatsoever, any
10real or personal property on the land of another while engaged
11in hunting or trapping thereon.
12    (y) It is unlawful to hunt wild game protected by this Act
13between one half hour after sunset and one half hour before
14sunrise, except that hunting hours between one half hour after
15sunset and one half hour before sunrise may be established by
16administrative rule for fur-bearing mammals.
17    (z) It is unlawful to take any game bird (excluding wild
18turkeys and crippled pheasants not capable of normal flight
19and otherwise irretrievable) protected by this Act when not
20flying. Nothing in this Section shall prohibit a person from
21carrying an uncased, unloaded shotgun in a boat, while in
22pursuit of a crippled migratory waterfowl that is incapable of
23normal flight, for the purpose of attempting to reduce the
24migratory waterfowl to possession, provided that the attempt
25is made immediately upon downing the migratory waterfowl and
26is done within 400 yards of the blind from which the migratory

 

 

HB1827- 11 -LRB102 10272 CMG 15599 b

1waterfowl was downed. This exception shall apply only to
2migratory game birds that are not capable of normal flight.
3Migratory waterfowl that are crippled may be taken only with a
4shotgun as regulated by subsection (j) of this Section using
5shotgun shells as regulated in subsection (k) of this Section.
6    (aa) It is unlawful to use or possess any device that may
7be used for tree climbing or cutting, while hunting
8fur-bearing mammals, excluding coyotes.
9    (bb) It is unlawful for any person, except licensed game
10breeders, pursuant to Section 2.29 to import, carry into, or
11possess alive in this State any species of wildlife taken
12outside of this State, without obtaining permission to do so
13from the Director.
14    (cc) It is unlawful for any person to have in his or her
15possession any freshly killed species protected by this Act
16during the season closed for taking.
17    (dd) It is unlawful to take any species protected by this
18Act and retain it alive except as provided by administrative
19rule.
20    (ee) It is unlawful to possess any rifle while in the field
21during gun deer season except as provided in Section 2.26 and
22administrative rules.
23    (ff) It is unlawful for any person to take any species
24protected by this Act, except migratory waterfowl, during the
25gun deer hunting season in those counties open to gun deer
26hunting, unless he or she wears, when in the field, a cap and

 

 

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1upper outer garment of a solid blaze orange color or solid
2blaze pink color, with such articles of clothing displaying a
3minimum of 400 square inches of blaze orange or solid blaze
4pink color material.
5    (gg) It is unlawful during the upland game season for any
6person to take upland game with a firearm unless he or she
7wears, while in the field, a cap of solid blaze orange color or
8solid blaze pink color. For purposes of this Act, upland game
9is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
10Pheasant, Eastern Cottontail and Swamp Rabbit.
11    (hh) It shall be unlawful to kill or cripple any species
12protected by this Act for which there is a bag limit without
13making a reasonable effort to retrieve such species and
14include such in the bag limit. It shall be unlawful for any
15person having control over harvested game mammals, game birds,
16or migratory game birds for which there is a bag limit to
17wantonly waste or destroy the usable meat of the game, except
18this shall not apply to wildlife taken under Sections 2.37 or
193.22 of this Code. For purposes of this subsection, "usable
20meat" means the breast meat of a game bird or migratory game
21bird and the hind ham and front shoulders of a game mammal. It
22shall be unlawful for any person to place, leave, dump, or
23abandon a wildlife carcass or parts of it along or upon a
24public right-of-way or highway or on public or private
25property, including a waterway or stream, without the
26permission of the owner or tenant. It shall not be unlawful to

 

 

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1discard game meat that is determined to be unfit for human
2consumption.
3    (ii) This Section shall apply only to those species
4protected by this Act taken within the State. Any species or
5any parts thereof, legally taken in and transported from other
6states or countries, may be possessed within the State, except
7as provided in this Section and Sections 2.35, 2.36 and 3.21.
8    (jj) (Blank).
9    (kk) Nothing contained in this Section shall prohibit the
10Director from issuing permits to paraplegics or to other
11persons with disabilities who meet the requirements set forth
12in administrative rule to shoot or hunt from a vehicle as
13provided by that rule, provided that such is otherwise in
14accord with this Act.
15    (ll) Nothing contained in this Act shall prohibit the
16taking of aquatic life protected by the Fish and Aquatic Life
17Code or birds and mammals protected by this Act, except deer
18and fur-bearing mammals, from a boat not camouflaged or
19disguised to alter its identity or to further provide a place
20of concealment and not propelled by sail or mechanical power.
21However, only shotguns not larger than 10 gauge nor smaller
22than .410 bore loaded with not more than 3 shells of a shot
23size no larger than lead BB or steel T (.20 diameter) may be
24used to take species protected by this Act.
25    (mm) Nothing contained in this Act shall prohibit the use
26of a shotgun, not larger than 10 gauge nor smaller than a 20

 

 

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1gauge, with a rifled barrel.
2    (nn) It shall be unlawful to possess any species of
3wildlife or wildlife parts taken unlawfully in Illinois, any
4other state, or any other country, whether or not the wildlife
5or wildlife parts is indigenous to Illinois. For the purposes
6of this subsection, the statute of limitations for unlawful
7possession of wildlife or wildlife parts shall not cease until
82 years after the possession has permanently ended.
9(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
1099-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
111-1-19.)
 
12    (520 ILCS 5/2.30c rep.)
13    Section 10. The Wildlife Code is amended by repealing
14Section 2.30c.