Full Text of SB2457 93rd General Assembly
SB2457sam001 93RD GENERAL ASSEMBLY
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Todd Sieben
Filed: 2/20/2004
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| AMENDMENT TO SENATE BILL 2457
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| AMENDMENT NO. ______. Amend Senate Bill 2457 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Wildlife Code is amended by changing | 5 |
| Sections 2.26 and 2.33 and by adding Sections 1.2b-2 and 1.33 | 6 |
| as follows: | 7 |
| (520 ILCS 5/1.2b-2 new) | 8 |
| Sec. 1.2b-2. "Certified leashed tracking dog" means a | 9 |
| leashed dog, for which proof of current vaccinations has been | 10 |
| provided, that is used to track and find wounded game by an | 11 |
| individual or organization licensed under this Act. | 12 |
| (520 ILCS 5/1.33 new) | 13 |
| Sec. 1.33. Tracking wounded game. The Department is | 14 |
| authorized to issue a special tracking license that allows for | 15 |
| the use of certified leashed tracking dogs for the sole purpose | 16 |
| of tracking wounded game. This special tracking license may be | 17 |
| issued to an individual or to an organization engaged in the | 18 |
| practice of tracking wounded game. | 19 |
| In granting the special tracking license to an individual, | 20 |
| that individual must possess or have simultaneously applied for | 21 |
| a valid State hunting license. Individuals wishing to use a | 22 |
| certified leashed tracking dog during firearm or handgun season | 23 |
| must also possess a valid FOID card.
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| Organizations engaged in the practice of tracking wounded | 2 |
| game shall not be required to possess or to have simultaneously | 3 |
| applied for a valid State hunting license or FOID card, unless | 4 |
| they intend to dispatch the animal.
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| Any individual or organization or member of an organization | 6 |
| licensed to use certified leashed tracking dogs must maintain | 7 |
| physical control of the dog or dogs at all times during | 8 |
| tracking by means of a lead attached to the dog's collar or | 9 |
| harness.
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| An individual or organization or member of an organization | 11 |
| licensed to use a certified leashed tracking dog must notify by | 12 |
| telephone or in person the local conservation officer assigned | 13 |
| to the area or the nearest available conservation officer or | 14 |
| the local sheriff's office prior to tracking. Notification must | 15 |
| include the name, address, and telephone number of the | 16 |
| licensee, the general location of the wounded animal, and the | 17 |
| name of the landowner or landowners on whose land the search | 18 |
| will be conducted.
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| Trespassing on private property during tracking is | 20 |
| strictly prohibited. Tracking is only permitted between | 21 |
| sunrise and sunset. | 22 |
| Animals judged unlikely to survive are to be dispatched in | 23 |
| a humane manner by the individual who has wounded or believes | 24 |
| that he or she has wounded the animal or by a member of a | 25 |
| tracking organization.
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| Certified leashed tracking dogs shall not be used to herd | 27 |
| deer.
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| The Department, by administrative rule, shall set forth the | 29 |
| cost of obtaining a special tracking license, the time periods | 30 |
| during which the licenses may be issued, and any additional | 31 |
| license requirements.
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| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| Sec. 2.26. Deer hunting permits. In this Section,
"bona |
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| fide equity shareholder" means an individual who (1) purchased, | 2 |
| for
market price, publicly sold stock shares in a corporation,
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| purchased shares of a privately-held corporation for a value
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| equal to the percentage of the appraised value of the corporate | 5 |
| assets
represented by the ownership in the corporation, or is a | 6 |
| member of a
closely-held family-owned corporation and has | 7 |
| purchased or been gifted with
shares of stock in the | 8 |
| corporation accurately reflecting his or her
percentage of | 9 |
| ownership and (2) intends to retain the ownership of the
shares | 10 |
| of stock for at least 5 years.
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| In this Section, "bona fide equity member" means an | 12 |
| individual who (1) (i)
became a member
upon
the formation of | 13 |
| the limited liability company or (ii) has purchased a
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| distributional interest in a limited liability company for a | 15 |
| value equal to the
percentage of the appraised value of the LLC | 16 |
| assets represented by the
distributional interest in the LLC | 17 |
| and subsequently becomes a member of the
company
pursuant to | 18 |
| Article 30 of the Limited Liability Company Act and who (2)
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| intends to retain the membership for at least 5 years.
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| Any person attempting to take deer shall first obtain a | 21 |
| "Deer
Hunting Permit" in accordance with prescribed | 22 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 23 |
| Permits shall be issued by the Department.
The fee for a Deer | 24 |
| Hunting Permit to take deer with either bow and arrow or gun
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| shall not exceed $15.00 for residents of the State. The | 26 |
| Department may by
administrative rule provide for non-resident | 27 |
| deer hunting permits for which the
fee will not exceed $200 | 28 |
| except as provided below for non-resident landowners
and | 29 |
| non-resident archery hunters. The Department may by
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| administrative rule provide for a non-resident archery deer | 31 |
| permit consisting
of not more than 2 harvest tags at a total | 32 |
| cost not to exceed $225.
Permits shall be issued without charge | 33 |
| to:
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| (a) Illinois landowners residing in Illinois who own at |
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| least 40 acres of
Illinois land and wish to hunt their land | 2 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 4 |
| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation or | 6 |
| bona fide
equity
members of a limited liability
company
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| which owns at least 40 acres of land
in a county in | 8 |
| Illinois who wish to hunt on the corporation's or company's
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| land only.
One permit shall be issued without charge to one | 10 |
| bona fide equity
shareholder
or one bona fide equity member
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| for each 40
acres of land owned by the corporation or | 12 |
| company in
a county; however, the number of
permits issued | 13 |
| without charge to bona fide equity shareholders of any
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| corporation or bona fide equity members
of a limited
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| liability company in any
county shall not exceed 15.
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| Bona fide landowners or tenants who do not wish to hunt | 17 |
| only on the land
they own, rent or lease or bona fide equity | 18 |
| shareholders or bona fide
equity
members who do not wish to | 19 |
| hunt
only on the
land owned by the corporation or limited | 20 |
| liability company shall be
charged the same fee as the
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| applicant who is not a landowner, tenant, bona fide equity
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| shareholder, or
bona fide equity member. Nonresidents
of
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| Illinois who own at least 40 acres of land and wish to hunt on | 24 |
| their land only
shall be charged a fee set by administrative | 25 |
| rule. The method for
obtaining these permits shall be | 26 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 28 |
| on
all farm lands which the person to whom it is issued owns, | 29 |
| leases or rents,
except that in the case of a permit issued to | 30 |
| a bona fide equity
shareholder
or bona fide equity member, the
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| permit shall
be valid on all lands owned by the corporation or | 32 |
| limited liability
company in the county.
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| The standards and specifications for use of guns and bow | 34 |
| and arrow for
deer hunting shall be established by |
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| administrative rule.
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| No person may have in his possession any firearm not | 3 |
| authorized by
administrative rule for a specific hunting season | 4 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be | 6 |
| permitted to
take deer only during the period from 1/2 hour | 7 |
| before sunrise to
sunset, and only during those days for which | 8 |
| an open season is
established for the taking of deer by use of | 9 |
| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 11 |
| permitted to
take deer only during the period from 1/2 hour | 12 |
| before sunrise to 1/2 hour
after sunset, and only during those | 13 |
| days for which an open season is
established for the taking of | 14 |
| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 16 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 17 |
| the use of salt
or bait of any kind , except that certified | 18 |
| leashed tracking dogs may be used to track wounded deer, as set | 19 |
| forth in this Act . An area is considered as baited during the | 20 |
| presence
of and for 10 consecutive days following the removal | 21 |
| of bait.
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| It shall be unlawful to possess or transport any wild deer | 23 |
| which has
been injured or killed in any manner upon a public | 24 |
| highway or public
right-of-way of this State unless exempted by | 25 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 27 |
| arrow
device shall be carried with the arrow in the nocked | 28 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 30 |
| limit of
deer by gun, to further participate with gun in any | 31 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 33 |
| limit
of deer by bow and arrow, to further participate with bow | 34 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 2 |
| gun deer
season by administrative rule.
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| It shall be legal for handicapped persons, as defined in | 4 |
| Section 2.33, to
utilize a crossbow device, as defined in | 5 |
| Department rules, to take deer.
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| Any person who violates any of the provisions of this | 7 |
| Section,
including administrative rules, shall be guilty of a | 8 |
| Class B misdemeanor.
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| (Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01; | 10 |
| 92-651, eff.
7-11-02; 93-554, eff. 8-20-03.)
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| (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| Sec. 2.33. Prohibitions.
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| (a) It is unlawful to carry or possess any gun in any
State | 14 |
| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any snare or | 16 |
| snare-like device,
deadfall, net, or pit trap to take any | 17 |
| species, except that snares not
powered by springs or other | 18 |
| mechanical devices may be used to trap
fur-bearing mammals, in | 19 |
| water sets only, if at least one-half of the snare
noose is | 20 |
| located underwater at all times.
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| (c) It is unlawful for any person at any time to take a | 22 |
| wild mammal
protected by this Act from its den by means of any | 23 |
| mechanical device,
spade, or digging device or to use smoke or | 24 |
| other gases to dislodge or
remove such mammal except as | 25 |
| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small | 27 |
| mammal which is
used in the same or similar manner for which | 28 |
| ferrets are used for the
purpose of frightening or driving any | 29 |
| mammals from their dens or hiding places.
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| (e) (Blank).
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| (f) It is unlawful to use spears, gigs, hooks or any like | 32 |
| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives |
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| for the
purpose of taking any species protected by this Act.
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| (h) It is unlawful to hunt adjacent to or near any peat, | 3 |
| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass | 5 |
| or disturb
in any manner any wild birds or mammals by use or | 6 |
| aid of any vehicle or
conveyance, except as permitted by the | 7 |
| Code of Federal Regulations for the
taking of waterfowl. It is | 8 |
| also unlawful to use the lights of any vehicle
or conveyance or | 9 |
| any light from or any light connected to the
vehicle or | 10 |
| conveyance in any area where wildlife may be found except in
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| accordance with Section 2.37 of this Act; however, nothing in | 12 |
| this
Section shall prohibit the normal use of headlamps for the | 13 |
| purpose of driving
upon a roadway. Striped skunk, opossum, red | 14 |
| fox, gray
fox, raccoon and coyote may be taken during the open | 15 |
| season by use of a small
light which is worn on the body or | 16 |
| hand-held by a person on foot and not in any
vehicle.
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| (j) It is unlawful to use any shotgun larger than 10 gauge | 18 |
| while
taking or attempting to take any of the species protected | 19 |
| by this Act.
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| (k) It is unlawful to use or possess in the field any | 21 |
| shotgun shell loaded
with a shot size larger than lead BB or | 22 |
| steel T (.20 diameter) when taking or
attempting to take any | 23 |
| species of wild game mammals (excluding white-tailed
deer), | 24 |
| wild game birds, migratory waterfowl or migratory game birds | 25 |
| protected
by this Act, except white-tailed deer as provided for | 26 |
| in Section 2.26 and other
species as provided for by subsection | 27 |
| (l) or administrative rule.
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| (l) It is unlawful to take any species of wild game, except
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| white-tailed deer, with a shotgun loaded with slugs unless | 30 |
| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding | 32 |
| more than 3
shells in the magazine or chamber combined, except | 33 |
| on game breeding and
hunting preserve areas licensed under | 34 |
| Section 3.27 and except as permitted by
the Code of Federal |
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| Regulations for the taking of waterfowl. If the shotgun
is | 2 |
| capable of holding more than 3 shells, it shall, while being | 3 |
| used on an
area other than a game breeding and shooting | 4 |
| preserve area licensed
pursuant to Section 3.27, be fitted with | 5 |
| a one piece plug that is
irremovable without dismantling the | 6 |
| shotgun or otherwise altered to
render it incapable of holding | 7 |
| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who | 9 |
| possess a permit to
hunt from a vehicle as provided in this | 10 |
| Section and persons otherwise permitted
by law, to have or | 11 |
| 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 | 13 |
| at field trials
authorized by Section 2.34 of this Act, | 14 |
| unloaded guns or guns loaded with blank
cartridges only, may be | 15 |
| carried on horseback while not contained in a case, or
to have | 16 |
| or carry any bow or arrow device in or on any vehicle unless | 17 |
| such bow
or arrow device is unstrung or enclosed in a case, or | 18 |
| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of | 20 |
| taking any
wild birds or mammals, except as provided for in | 21 |
| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds | 23 |
| or
migratory waterfowl with a rifle, pistol, revolver or | 24 |
| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or | 26 |
| airgun on,
over or into any waters of this State, including | 27 |
| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow | 29 |
| device
along, upon, across, or from any public right-of-way or | 30 |
| highway in this State.
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| (s) It is unlawful to use a silencer or other device to | 32 |
| muffle or
mute the sound of the explosion or report resulting | 33 |
| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or allow |
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| a dog to
hunt, within or upon the land of another, or upon | 2 |
| waters flowing over or
standing on the land of another, without | 3 |
| first obtaining permission from
the owner or tenant. It shall | 4 |
| be prima facie evidence that a person does
not have permission | 5 |
| of the owner or tenant if the person is unable to
demonstrate | 6 |
| to the law enforcement officer in the field that permission had
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| been obtained. This provision may only be rebutted by testimony | 8 |
| of the
owner or tenant that permission had been given. Before | 9 |
| enforcing this
Section the law enforcement officer must have | 10 |
| received notice from the
owner or tenant of a violation of this | 11 |
| Section. Statements made to the
law enforcement officer | 12 |
| regarding this notice shall not be rendered
inadmissible by the | 13 |
| hearsay rule when offered for the purpose of showing the
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| required notice.
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| (u) It is unlawful for any person to discharge any firearm | 16 |
| for the purpose
of taking any of the species protected by this | 17 |
| Act, or hunt with gun or
dog, or allow a dog to hunt, within 300 | 18 |
| yards of an inhabited dwelling without
first obtaining | 19 |
| permission from the owner or tenant, except that while
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| trapping, hunting with bow and arrow, hunting with dog and | 21 |
| shotgun using shot
shells only, or hunting with shotgun using | 22 |
| shot shells only, or
on licensed game breeding and hunting | 23 |
| preserve areas, as defined in Section
3.27, on property | 24 |
| operated under a Migratory Waterfowl Hunting Area Permit, on
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| federally owned and managed lands and on Department owned, | 26 |
| managed, leased or
controlled lands, a 100 yard restriction | 27 |
| shall apply.
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| (v) It is unlawful for any person to remove fur-bearing | 29 |
| mammals from, or
to move or disturb in any manner, the traps | 30 |
| owned by another person without
written authorization of the | 31 |
| owner to do so.
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| (w) It is unlawful for any owner of a dog to knowingly or | 33 |
| wantonly allow
his or her dog to pursue, harass or kill deer.
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| (x) It is unlawful for any person to wantonly or carelessly |
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| injure
or destroy, in any manner whatsoever, any real or | 2 |
| personal property on
the land of another while engaged in | 3 |
| hunting or trapping thereon.
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| (y) It is unlawful to hunt wild game protected by this Act | 5 |
| between one
half hour after sunset and one half hour before | 6 |
| sunrise, except that
hunting hours between one half hour after | 7 |
| sunset and one half hour
before sunrise may be established by | 8 |
| administrative rule for fur-bearing
mammals.
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| (z) It is unlawful to take any game bird (excluding wild | 10 |
| turkeys and
crippled pheasants not capable of normal flight and | 11 |
| otherwise irretrievable)
protected by this Act when not flying. | 12 |
| Nothing in this Section shall prohibit
a person from carrying | 13 |
| an uncased, unloaded shotgun in a boat, while in pursuit
of a | 14 |
| crippled migratory waterfowl that is incapable of normal | 15 |
| flight, for the
purpose of attempting to reduce the migratory | 16 |
| waterfowl to possession, provided
that the attempt is made | 17 |
| immediately upon downing the migratory waterfowl and
is done | 18 |
| within 400 yards of the blind from which the migratory | 19 |
| waterfowl was
downed. This exception shall apply only to | 20 |
| migratory game birds that are not
capable of normal flight. | 21 |
| Migratory waterfowl that are crippled may be taken
only with a | 22 |
| shotgun as regulated by subsection (j) of this Section using
| 23 |
| shotgun shells as regulated in subsection (k) of this Section.
| 24 |
| (aa) It is unlawful to use or possess any device that may | 25 |
| be used for
tree climbing or cutting, while hunting fur-bearing | 26 |
| mammals.
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| (bb) It is unlawful for any person, except licensed game | 28 |
| breeders,
pursuant to Section 2.29 to import, carry into, or | 29 |
| possess alive in this
State any species of wildlife taken | 30 |
| outside of this State, without
obtaining permission to do so | 31 |
| from the Director.
| 32 |
| (cc) It is unlawful for any person to have in his or her
| 33 |
| possession any freshly killed species protected by this Act | 34 |
| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this | 2 |
| Act and retain
it alive.
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| (ee) It is unlawful to possess any rifle while in the field | 4 |
| during gun
deer season except as provided in Section 2.26 and | 5 |
| administrative rules.
| 6 |
| (ff) It is unlawful for any person to take any species | 7 |
| protected by
this Act, except migratory waterfowl, during the | 8 |
| gun deer hunting season in
those counties open to gun deer | 9 |
| hunting, unless he or she wears, when in
the field, a cap and | 10 |
| upper outer garment of a solid blaze orange color, with
such | 11 |
| articles of clothing displaying a minimum of 400 square inches | 12 |
| of
blaze orange material.
| 13 |
| (gg) It is unlawful during the upland game season for any | 14 |
| person to take
upland game with a firearm unless he or she | 15 |
| wears, while in the field, a
cap of solid blaze orange color. | 16 |
| For purposes of this Act, upland game is
defined as Bobwhite | 17 |
| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 18 |
| Cottontail and Swamp Rabbit.
| 19 |
| (hh) It shall be unlawful to kill or cripple any species | 20 |
| protected by
this Act for which there is a daily bag limit | 21 |
| without making a reasonable
effort to retrieve such species and | 22 |
| include such in the daily bag limit.
| 23 |
| (ii) This Section shall apply only to those species | 24 |
| protected by this
Act taken within the State. Any species or | 25 |
| any parts thereof, legally taken
in and transported from other | 26 |
| states or countries, may be possessed
within the State, except | 27 |
| as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 28 |
| (jj) Nothing contained in this Section shall prohibit the | 29 |
| use of bow
and arrow, or prevent the Director from issuing | 30 |
| permits to use a crossbow
to handicapped persons as provided by | 31 |
| administrative rule. As used herein,
"handicapped persons" | 32 |
| means those persons who have a permanent physical
impairment | 33 |
| due to injury or disease, congenital or acquired, which renders
| 34 |
| them so severely disabled as to be unable to use a conventional |
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| bow and arrow
device. Permits will be issued only after the | 2 |
| receipt of a physician's
statement confirming the applicant is | 3 |
| handicapped as defined above.
| 4 |
| (kk) Nothing contained in this Section shall prohibit the | 5 |
| Director
from issuing permits to paraplegics or to other | 6 |
| disabled persons who meet the
requirements set forth in | 7 |
| administrative rule to shoot or hunt from a vehicle
as provided | 8 |
| by that rule, provided that such is otherwise in accord with | 9 |
| this
Act.
| 10 |
| (ll) Nothing contained in this Act shall prohibit the | 11 |
| taking of aquatic
life protected by the Fish and Aquatic Life | 12 |
| Code or birds and mammals
protected by this Act, except deer | 13 |
| and fur-bearing mammals, from a boat not
camouflaged or | 14 |
| disguised to alter its identity or to further provide a place
| 15 |
| of concealment and not propelled by sail or mechanical power. | 16 |
| However, only
shotguns not larger than 10 gauge nor smaller | 17 |
| than .410 bore loaded with not
more than 3 shells of a shot | 18 |
| size no larger than lead BB or steel T (.20
diameter) may be | 19 |
| used to take species protected by this Act.
| 20 |
| (mm) Nothing contained in this Act shall prohibit the use | 21 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 22 |
| gauge, with a rifled barrel.
| 23 |
| (nn) Nothing contained in this Act shall prohibit the use | 24 |
| of certified leashed tracking dogs for the purpose of tracking | 25 |
| wounded game.
| 26 |
| (Source: P.A. 91-654, eff. 12-15-99; 92-325, eff. 8-9-01;
| 27 |
| 92-651, eff. 7-11-02.)".
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