Public Act 0132 97TH GENERAL ASSEMBLY

HB3019 Enrolled LRB097 06059 CEL 46132 b

Public Act 097-0132

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 Section 3.8 as follows:

(520 ILCS 5/3.8) (from Ch. 61, par. 3.8)

Sec. 3.8. Migratory waterfowl areas; geese.

(a) On any property operated under a Migratory Waterfowl Hunting Area Permit (Commercial) where the principal use is to take wild geese, it is the permit holder's duty to ensure all of the following but only during Canada goose season:

(1) That no person takes wild geese except from a blind or pit.

(2) That no person establishes or uses any blind or pit for the taking of wild geese within 200 yards of any other blind or pit or within 100 yards of the boundary of the property on which the blind or pit is located.

(3) That no person establishes or uses any blind or pit for the taking of wild geese within 200 yards of any wildlife refuge boundary or public road right-of-way adjacent to any State or Federal waterfowl refuge. If a blind or pit has been established for more than 10 years and it was believed by both the landowner and the Department during that time to meet the minimum yardage requirements of this paragraph (3), then the blind or pit may remain in place even though a survey or other evidence may indicate that the minimum yardage requirements are not met.

(b) On any property where the principal use is to take wild geese in Alexander, Franklin, Jackson, Jefferson, Union and Williamson Counties, other than property operated under a Migratory Waterfowl Hunting Area Permit (Commercial), all of the following restrictions shall be observed but only during Canada goose season:

(1) No person may take wild geese except from a blind or pit and it shall be illegal to take or attempt to take geese from the base of standing timber except when immediately adjacent to an open field.

(2) No person may establish or use a blind or pit within 100 yards of the boundary of the property on which the blind or pit is located unless the minimum yardage requirement cannot be met, in which case one pit or blind may be permitted only if there is a minimum of 200 yards between that pit or blind and the nearest pit or blind.

(3) No person may establish or use a blind or pit for the taking of wild geese within 200 yards of any wildlife refuge boundary or public road right-of-way adjacent to any State or Federal waterfowl refuge. If a blind or pit has been established for more than 10 years and it was believed by both the landowner and the Department during that time to meet the minimum yardage requirements of this paragraph (3), then the blind or pit may remain in place even though a survey or other evidence may indicate that the minimum yardage requirements are not met.

(4) No more than the number of persons allowed by administrative rule may occupy or attempt to take wild geese from any blind or pit at the same time.

(c) On any property operated under a Migratory Waterfowl Hunting Area Permit (Commercial) where the principal use is to take wild ducks, it is the permit holder's duty to ensure that no person establishes or uses any blind or pit for the taking of wild ducks within 100 yards of the boundary of the property on which the blind or pit is located unless there is consent from the landowner of the adjacent property.

This subsection (c) shall only apply to property located in Alexander County, Union County, Williamson County, or Jackson County.

(Source: P.A. 90-435, eff. 1-1-98; 91-582, eff. 8-14-99.)

Effective Date: 1/1/2012