Full Text of HB3836 96th General Assembly
HB3836 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3836
Introduced 2/25/2009, by Rep. Shane Cultra SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.25 |
from Ch. 61, par. 2.25 |
520 ILCS 5/2.33 |
from Ch. 61, par. 2.33 |
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Amends the Wildlife Code. Provides that deer may be taken with a crossbow during a crossbow season of not more than 14 days set annually by the Director between the dates of November 1st and December 31st, but that 14-day season may not overlap with the open season for taking deer. Effective immediately.
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A BILL FOR
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HB3836 |
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LRB096 11341 JDS 21790 b |
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| AN ACT concerning wildlife.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing | 5 |
| Sections 2.25 and 2.33 as follows:
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| (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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| Sec. 2.25. It shall be unlawful for any person to take deer | 8 |
| except (i) with
a shotgun, handgun, or muzzleloading rifle or | 9 |
| (ii) as provided by
administrative rule,
with a bow and arrow, | 10 |
| or crossbow device for handicapped persons, as defined
in | 11 |
| Section 2.33, and persons age 62 or older during the open | 12 |
| season of not more than 14 days which will
be set annually by | 13 |
| the Director between the dates of
November 1st and December | 14 |
| 31st, both inclusive, or a special 2-day, youth-only season | 15 |
| between the dates of September 1 and October 31. In addition, | 16 |
| deer may be taken with a crossbow during a crossbow season of | 17 |
| not more than 14 days set annually by the Director between the | 18 |
| dates of November 1st and December 31st, but that 14-day season | 19 |
| may not overlap with the open season.
For the purposes of this | 20 |
| Section, legal handguns include any centerfire
handguns of .30
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| caliber or larger with a minimum barrel length of 4 inches. The | 22 |
| only legal
ammunition
for a centerfire handgun is a cartridge | 23 |
| of .30 caliber or larger with a
capability of at least
500 foot |
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LRB096 11341 JDS 21790 b |
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| pounds of energy at the muzzle. Full metal jacket bullets may | 2 |
| not be
used to
harvest deer.
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| The Department shall make administrative rules concerning | 4 |
| management
restrictions applicable to the firearm and bow and | 5 |
| arrow season.
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| It shall be unlawful for any person to take deer except | 7 |
| with a bow and
arrow, or crossbow device for handicapped | 8 |
| persons,
as defined in Section
2.33, and persons age 62 or | 9 |
| older during the open season for bow and arrow set annually by | 10 |
| the Director
between the dates of September 1st and January | 11 |
| 31st, both inclusive.
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| It shall be unlawful for any person to take deer except | 13 |
| with (i) a
muzzleloading rifle, or (ii) bow and arrow, or | 14 |
| crossbow device for
handicapped persons, as defined in Section | 15 |
| 2.33, and persons age 62 or older during the open season for
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| muzzleloading rifles set annually by the Director.
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| The Director shall cause an administrative rule setting | 18 |
| forth the
prescribed rules and regulations, including bag and | 19 |
| possession limits and
those counties of the State where open | 20 |
| seasons are established, to be
published in accordance with | 21 |
| Sections 1.3 and 1.13 of this Act.
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| The Department may establish separate harvest periods for | 23 |
| the purpose of
managing or eradicating disease that has been | 24 |
| found in the deer herd. This
season shall be restricted to gun | 25 |
| or bow and arrow hunting only. The Department
shall publicly | 26 |
| announce, via statewide news release, the season dates and
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| shooting hours, the counties and sites open to hunting, permit | 2 |
| requirements,
application dates, hunting rules, legal weapons, | 3 |
| and reporting requirements.
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| The Department is authorized to establish a separate | 5 |
| harvest period at
specific sites within the State for the | 6 |
| purpose of harvesting
surplus deer that cannot be taken during | 7 |
| the regular season provided for
the taking of deer. This season | 8 |
| shall be restricted to gun or bow and
arrow hunting only and | 9 |
| shall be established during the period of September 1st
to | 10 |
| February 15th, both inclusive. The Department shall publish | 11 |
| suitable
prescribed rules and regulations established by | 12 |
| administrative rule pertaining
to management restrictions | 13 |
| applicable to this special harvest program. The Department | 14 |
| shall allow unused gun deer permits that are left over from a | 15 |
| regular season for the taking of deer to be rolled over and | 16 |
| used during any separate harvest period held within 6 months of | 17 |
| the season for which those tags were issued at no additional | 18 |
| cost to the permit holder subject to the management | 19 |
| restrictions applicable to the special harvest program.
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| (Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329, | 21 |
| eff. 8-21-07; 95-876, eff. 8-21-08.)
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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 | 25 |
| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any snare or | 2 |
| snare-like device,
deadfall, net, or pit trap to take any | 3 |
| species, except that snares not
powered by springs or other | 4 |
| mechanical devices may be used to trap
fur-bearing mammals, in | 5 |
| water sets only, if at least one-half of the snare
noose is | 6 |
| located underwater at all times.
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| (c) It is unlawful for any person at any time to take a | 8 |
| wild mammal
protected by this Act from its den by means of any | 9 |
| mechanical device,
spade, or digging device or to use smoke or | 10 |
| other gases to dislodge or
remove such mammal except as | 11 |
| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small | 13 |
| mammal which is
used in the same or similar manner for which | 14 |
| ferrets are used for the
purpose of frightening or driving any | 15 |
| 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 | 18 |
| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives | 20 |
| 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, | 22 |
| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass | 24 |
| or disturb
in any manner any wild birds or mammals by use or | 25 |
| aid of any vehicle or
conveyance, except as permitted by the | 26 |
| Code of Federal Regulations for the
taking of waterfowl. It is |
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| also unlawful to use the lights of any vehicle
or conveyance or | 2 |
| any light from or any light connected to the
vehicle or | 3 |
| 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 | 5 |
| this
Section shall prohibit the normal use of headlamps for the | 6 |
| purpose of driving
upon a roadway. Striped skunk, opossum, red | 7 |
| fox, gray
fox, raccoon and coyote may be taken during the open | 8 |
| season by use of a small
light which is worn on the body or | 9 |
| 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 | 11 |
| while
taking or attempting to take any of the species protected | 12 |
| by this Act.
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| (k) It is unlawful to use or possess in the field any | 14 |
| shotgun shell loaded
with a shot size larger than lead BB or | 15 |
| steel T (.20 diameter) when taking or
attempting to take any | 16 |
| species of wild game mammals (excluding white-tailed
deer), | 17 |
| wild game birds, migratory waterfowl or migratory game birds | 18 |
| protected
by this Act, except white-tailed deer as provided for | 19 |
| in Section 2.26 and other
species as provided for by subsection | 20 |
| (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 | 23 |
| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding | 25 |
| more than 3
shells in the magazine or chamber combined, except | 26 |
| on game breeding and
hunting preserve areas licensed under |
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| Section 3.27 and except as permitted by
the Code of Federal | 2 |
| Regulations for the taking of waterfowl. If the shotgun
is | 3 |
| capable of holding more than 3 shells, it shall, while being | 4 |
| used on an
area other than a game breeding and shooting | 5 |
| preserve area licensed
pursuant to Section 3.27, be fitted with | 6 |
| a one piece plug that is
irremovable without dismantling the | 7 |
| shotgun or otherwise altered to
render it incapable of holding | 8 |
| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who | 10 |
| possess a permit to
hunt from a vehicle as provided in this | 11 |
| Section and persons otherwise permitted
by law, to have or | 12 |
| 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 | 14 |
| at field trials
authorized by Section 2.34 of this Act, | 15 |
| unloaded guns or guns loaded with blank
cartridges only, may be | 16 |
| carried on horseback while not contained in a case, or
to have | 17 |
| or carry any bow or arrow device in or on any vehicle unless | 18 |
| such bow
or arrow device is unstrung or enclosed in a case, or | 19 |
| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of | 21 |
| taking any
wild birds or mammals, except as provided for in | 22 |
| Section 2.25 and Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds | 24 |
| or
migratory waterfowl with a rifle, pistol, revolver or | 25 |
| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or |
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| airgun on,
over or into any waters of this State, including | 2 |
| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow | 4 |
| device
along, upon, across, or from any public right-of-way or | 5 |
| highway in this State.
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| (s) It is unlawful to use a silencer or other device to | 7 |
| muffle or
mute the sound of the explosion or report resulting | 8 |
| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or | 10 |
| intentionally or wantonly allow a dog to
hunt, within or upon | 11 |
| the land of another, or upon waters flowing over or
standing on | 12 |
| the land of another, without first obtaining permission from
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| the owner or tenant. It shall be prima facie evidence that a | 14 |
| person does
not have permission of the owner or tenant if the | 15 |
| person is unable to
demonstrate to the law enforcement officer | 16 |
| in the field that permission had
been obtained. This provision | 17 |
| may only be rebutted by testimony of the
owner or tenant that | 18 |
| permission had been given. Before enforcing this
Section the | 19 |
| law enforcement officer must have received notice from the
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| owner or tenant of a violation of this Section. Statements made | 21 |
| to the
law enforcement officer regarding this notice shall not | 22 |
| be rendered
inadmissible by the hearsay rule when offered for | 23 |
| the purpose of showing the
required notice.
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| (u) It is unlawful for any person to discharge any firearm | 25 |
| for the purpose
of taking any of the species protected by this | 26 |
| Act, or hunt with gun or
dog, or intentionally or wantonly |
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| allow a dog to hunt, within 300 yards of an inhabited dwelling | 2 |
| without
first obtaining permission from the owner or tenant, | 3 |
| except that while
trapping, hunting with bow and arrow, hunting | 4 |
| with dog and shotgun using shot
shells only, or hunting with | 5 |
| shotgun using shot shells only, or
on licensed game breeding | 6 |
| and hunting preserve areas, as defined in Section
3.27, on | 7 |
| property operated under a Migratory Waterfowl Hunting Area | 8 |
| Permit, on
federally owned and managed lands and on Department | 9 |
| owned, managed, leased or
controlled lands, a 100 yard | 10 |
| restriction shall apply.
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| (v) It is unlawful for any person to remove fur-bearing | 12 |
| mammals from, or
to move or disturb in any manner, the traps | 13 |
| owned by another person without
written authorization of the | 14 |
| owner to do so.
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| (w) It is unlawful for any owner of a dog to knowingly or | 16 |
| wantonly allow
his or her dog to pursue, harass or kill deer, | 17 |
| except that nothing in this Section shall prohibit the tracking | 18 |
| of wounded deer with a dog in accordance with the provisions of | 19 |
| Section 2.26 of this Code.
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| (x) It is unlawful for any person to wantonly or carelessly | 21 |
| injure
or destroy, in any manner whatsoever, any real or | 22 |
| personal property on
the land of another while engaged in | 23 |
| hunting or trapping thereon.
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| (y) It is unlawful to hunt wild game protected by this Act | 25 |
| between one
half hour after sunset and one half hour before | 26 |
| sunrise, except that
hunting hours between one half hour after |
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| sunset and one half hour
before sunrise may be established by | 2 |
| administrative rule for fur-bearing
mammals.
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| (z) It is unlawful to take any game bird (excluding wild | 4 |
| turkeys and
crippled pheasants not capable of normal flight and | 5 |
| otherwise irretrievable)
protected by this Act when not flying. | 6 |
| Nothing in this Section shall prohibit
a person from carrying | 7 |
| an uncased, unloaded shotgun in a boat, while in pursuit
of a | 8 |
| crippled migratory waterfowl that is incapable of normal | 9 |
| flight, for the
purpose of attempting to reduce the migratory | 10 |
| waterfowl to possession, provided
that the attempt is made | 11 |
| immediately upon downing the migratory waterfowl and
is done | 12 |
| within 400 yards of the blind from which the migratory | 13 |
| waterfowl was
downed. This exception shall apply only to | 14 |
| migratory game birds that are not
capable of normal flight. | 15 |
| Migratory waterfowl that are crippled may be taken
only with a | 16 |
| shotgun as regulated by subsection (j) of this Section using
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| shotgun shells as regulated in subsection (k) of this Section.
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| (aa) It is unlawful to use or possess any device that may | 19 |
| be used for
tree climbing or cutting, while hunting fur-bearing | 20 |
| mammals.
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| (bb) It is unlawful for any person, except licensed game | 22 |
| breeders,
pursuant to Section 2.29 to import, carry into, or | 23 |
| possess alive in this
State any species of wildlife taken | 24 |
| outside of this State, without
obtaining permission to do so | 25 |
| from the Director.
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| (cc) It is unlawful for any person to have in his or her
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| possession any freshly killed species protected by this Act | 2 |
| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this | 4 |
| Act and retain
it alive except as provided by administrative | 5 |
| rule.
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| (ee) It is unlawful to possess any rifle while in the field | 7 |
| during gun
deer season except as provided in Section 2.26 and | 8 |
| administrative rules.
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| (ff) It is unlawful for any person to take any species | 10 |
| protected by
this Act, except migratory waterfowl, during the | 11 |
| gun deer hunting season in
those counties open to gun deer | 12 |
| hunting, unless he or she wears, when in
the field, a cap and | 13 |
| upper outer garment of a solid blaze orange color, with
such | 14 |
| articles of clothing displaying a minimum of 400 square inches | 15 |
| of
blaze orange material.
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| (gg) It is unlawful during the upland game season for any | 17 |
| person to take
upland game with a firearm unless he or she | 18 |
| wears, while in the field, a
cap of solid blaze orange color. | 19 |
| For purposes of this Act, upland game is
defined as Bobwhite | 20 |
| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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| Cottontail and Swamp Rabbit.
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| (hh) It shall be unlawful to kill or cripple any species | 23 |
| protected by
this Act for which there is a daily bag limit | 24 |
| without making a reasonable
effort to retrieve such species and | 25 |
| include such in the daily bag limit.
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| (ii) This Section shall apply only to those species |
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| protected by this
Act taken within the State. Any species or | 2 |
| any parts thereof, legally taken
in and transported from other | 3 |
| states or countries, may be possessed
within the State, except | 4 |
| as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| (jj) Nothing contained in this Section shall prohibit the | 6 |
| use of bow
and arrow, prohibit the use of a crossbow by persons | 7 |
| age 62 or older, or prevent the Director from issuing permits | 8 |
| to use a crossbow
to handicapped persons as provided by | 9 |
| administrative rule. As used herein,
"handicapped persons" | 10 |
| means those persons who have a permanent physical
impairment | 11 |
| due to injury or disease, congenital or acquired, which renders
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| them so severely disabled as to be unable to use a conventional | 13 |
| bow and arrow
device. Permits will be issued only after the | 14 |
| receipt of a physician's
statement confirming the applicant is | 15 |
| handicapped as defined above.
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| (kk) Nothing contained in this Section shall prohibit the | 17 |
| Director
from issuing permits to paraplegics or to other | 18 |
| disabled persons who meet the
requirements set forth in | 19 |
| administrative rule to shoot or hunt from a vehicle
as provided | 20 |
| by that rule, provided that such is otherwise in accord with | 21 |
| this
Act.
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| (ll) Nothing contained in this Act shall prohibit the | 23 |
| taking of aquatic
life protected by the Fish and Aquatic Life | 24 |
| Code or birds and mammals
protected by this Act, except deer | 25 |
| and fur-bearing mammals, from a boat not
camouflaged or | 26 |
| disguised to alter its identity or to further provide a place
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| of concealment and not propelled by sail or mechanical power. | 2 |
| However, only
shotguns not larger than 10 gauge nor smaller | 3 |
| than .410 bore loaded with not
more than 3 shells of a shot | 4 |
| size no larger than lead BB or steel T (.20
diameter) may be | 5 |
| used to take species protected by this Act.
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| (mm) Nothing contained in this Act shall prohibit the use | 7 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 8 |
| gauge, with a rifled barrel.
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| (Source: P.A. 94-764, eff. 1-1-07; 95-196, eff. 1-1-08; 95-329, | 10 |
| eff. 8-21-07; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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