Public Act 095-0196
 
HB0297 Enrolled LRB095 04287 CMK 24328 b

    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
Sections 2.30, 2.33, 2.36, 3.5, 3.25, 3.33, and 3.35 and by
adding Sections 1.2y, 1.2z, and 3.26 as follows:
 
    (520 ILCS 5/1.2y new)
    Sec. 1.2y. "Hound running" means pursuing any fox, coyote,
raccoon, or rabbit with a hound.
 
    (520 ILCS 5/1.2z new)
    Sec. 1.2z. "Authorized species" means any fox, coyote,
raccoon, or rabbit associated with a hound running area.
 
    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
    Sec. 2.30. It shall be unlawful for any person to trap or
to hunt with gun, dog, dog and gun, or bow and arrow, gray fox,
red fox, raccoon, weasel, mink, muskrat, badger, and opossum
except during the open season which will be set annually by the
Director between 12:01 a.m., November 1 to 12:00 midnight,
February 15, both inclusive.
    It is unlawful for any person to take bobcat or river otter
in this State at any time.
    It is unlawful to pursue any fur-bearing mammal with a dog
or dogs between the hours of sunset and sunrise during the 10
day period preceding the opening date of the raccoon hunting
season and the 10 day period following the closing date of the
raccoon hunting season except that the Department may issue
field trial permits in accordance with Section 2.34 of this
Act. A non-resident from a state with more restrictive
fur-bearer pursuit regulations for any particular species than
provided for that species in this Act may not pursue that
species in Illinois except during the period of time that
Illinois residents are allowed to pursue that species in the
non-resident's state of residence. Hound running areas Fenced
fox hound training enclosures approved by the Department shall
be exempt from the provisions of this Section.
    It shall be unlawful to take beaver, weasel, mink or
muskrat except during the open season set annually by the
Director, and then, only with traps.
    It shall be unlawful for any person to trap beaver with
traps except during the open season which will be set annually
by the Director between 12:01 a.m., November 1st and 12:00
midnight, March 31.
    Coyote may be taken by trapping methods only during the
period from September 1 to March 1, both inclusive, and by
hunting methods at any time.
    Striped skunk may be taken by trapping methods only during
the period from September 1 to March 1, both inclusive, and by
hunting methods at any time.
    For the purpose of taking fur-bearing mammals, the State
may be divided into management zones by administrative rule.
    The provisions of this Section are subject to modification
by administrative rule.
(Source: P.A. 89-341, eff. 8-17-95.)
 
    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
    Sec. 2.33. Prohibitions.
    (a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
    (b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
    (c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
    (d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
    (e) (Blank).
    (f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
    (g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
    (h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is burning.
    (i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for the
purpose of driving upon a roadway. Striped skunk, opossum, red
fox, gray fox, raccoon and coyote may be taken during the open
season by use of a small light which is worn on the body or
hand-held by a person on foot and not in any vehicle.
    (j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species protected
by this Act.
    (k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided for
in Section 2.26 and other species as provided for by subsection
(l) or administrative rule.
    (l) It is unlawful to take any species of wild game, except
white-tailed deer, with a shotgun loaded with slugs unless
otherwise provided for by administrative rule.
    (m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted with
a one piece plug that is irremovable without dismantling the
shotgun or otherwise altered to render it incapable of holding
more than 3 shells in the magazine and chamber, combined.
    (n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable.
    (o) It is unlawful to use any crossbow for the purpose of
taking any wild birds or mammals, except as provided for in
Section 2.33.
    (p) It is unlawful to take game birds, migratory game birds
or migratory waterfowl with a rifle, pistol, revolver or
airgun.
    (q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
    (r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
    (s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
    (t) It is unlawful for any person to trap or hunt, or
intentionally or wantonly allow a dog to hunt, within or upon
the land of another, or upon waters flowing over or standing on
the land of another, without first obtaining permission from
the owner or tenant. It shall be prima facie evidence that a
person does not have permission of the owner or tenant if the
person is unable to demonstrate to the law enforcement officer
in the field that permission had been obtained. This provision
may only be rebutted by testimony of the owner or tenant that
permission had been given. Before enforcing this Section the
law enforcement officer must have received notice from the
owner or tenant of a violation of this Section. Statements made
to the law enforcement officer regarding this notice shall not
be rendered inadmissible by the hearsay rule when offered for
the purpose of showing the required notice.
    (u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow, hunting
with dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or on licensed game breeding
and hunting preserve areas, as defined in Section 3.27, on
property operated under a Migratory Waterfowl Hunting Area
Permit, on federally owned and managed lands and on Department
owned, managed, leased or controlled lands, a 100 yard
restriction shall apply.
    (v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
    (w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the tracking
of wounded deer with a dog in accordance with the provisions of
Section 2.26 of this Code.
    (x) It is unlawful for any person to wantonly or carelessly
injure or destroy, in any manner whatsoever, any real or
personal property on the land of another while engaged in
hunting or trapping thereon.
    (y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
    (z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight and
otherwise irretrievable) protected by this Act when not flying.
Nothing in this Section shall prohibit a person from carrying
an uncased, unloaded shotgun in a boat, while in pursuit of a
crippled migratory waterfowl that is incapable of normal
flight, for the purpose of attempting to reduce the migratory
waterfowl to possession, provided that the attempt is made
immediately upon downing the migratory waterfowl and is done
within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
    (aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting fur-bearing
mammals.
    (bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
    (cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
    (dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
    (ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
    (ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square inches
of blaze orange material.
    (gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color.
For purposes of this Act, upland game is defined as Bobwhite
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail and Swamp Rabbit.
    (hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a daily bag limit
without making a reasonable effort to retrieve such species and
include such in the daily bag limit.
    (ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
    (jj) Nothing contained in this Section shall prohibit the
use of bow and arrow, or prevent the Director from issuing
permits to use a crossbow to handicapped persons as provided by
administrative rule. As used herein, "handicapped persons"
means those persons who have a permanent physical impairment
due to injury or disease, congenital or acquired, which renders
them so severely disabled as to be unable to use a conventional
bow and arrow device. Permits will be issued only after the
receipt of a physician's statement confirming the applicant is
handicapped as defined above.
    (kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
disabled persons who meet the requirements set forth in
administrative rule to shoot or hunt from a vehicle as provided
by that rule, provided that such is otherwise in accord with
this Act.
    (ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
    (mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
 
    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
    Sec. 2.36. It shall be unlawful to buy, sell or barter, or
offer to buy, sell or barter, and for a commercial institution,
other than a regularly operated refrigerated storage
establishment, to have in its possession any of the wild birds,
or any part thereof (and their eggs), or wild mammals or any
parts thereof, protected by this Act unless done as hereinafter
provided:
    Game birds or any parts thereof (and their eggs), may be
held, possessed, raised and sold, or otherwise dealt with, as
provided in Section 3.23 of this Act or when legally produced
under similar special permit in another state or country and
legally transported into the State of Illinois; provided that
such imported game birds or any parts thereof, shall be marked
with permanent irremovable tags, or similar devices, to
establish and retain their origin and identity;
    Rabbits may be legally taken and possessed as provided in
Sections 3.23, and 3.24, and 3.26 of this Act;
    Deer, or any parts thereof, may be held, possessed, sold or
otherwise dealt with as provided in this Section and Sections
3.23 and 3.24 of this Act;
    Fur-bearing mammals, or any parts thereof, may be held,
possessed, sold or otherwise dealt with as provided in Sections
3.16, and 3.24, and 3.26 of this Act or when legally taken and
possessed in Illinois or legally taken and possessed in and
transported from other states or countries;
    The inedible parts of game mammals may be held, possessed,
sold or otherwise dealt with when legally taken, in Illinois or
legally taken and possessed in and transported from other
states or countries.
    Failure to establish proof of the legality of possession in
another state or country and importation into the State of
Illinois, shall be prima facie evidence that such game birds or
any parts thereof, and their eggs, game mammals and fur-bearing
mammals, or any parts thereof, were taken within the State of
Illinois.
(Source: P.A. 82-434.)
 
    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
    Sec. 3.5. Penalties; probation.
    (a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be guilty
of a Class 3 felony, except as otherwise provided in subsection
(b) of this Section and subsection (a) of Section 2.36a.
    (b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for,
any offense under Section 1.22, 2.36, or 2.36a or subsection
(i) or (cc) of Section 2.33, the court may, without entering a
judgment and with the person's consent, sentence the person to
probation for a violation of Section 2.36a.
        (1) When a person is placed on probation, the court
    shall enter an order specifying a period of probation of 24
    months and shall defer further proceedings in the case
    until the conclusion of the period or until the filing of a
    petition alleging violation of a term or condition of
    probation.
        (2) The conditions of probation shall be that the
    person:
            (A) Not violate any criminal statute of any
        jurisdiction.
            (B) Perform no less than 30 hours of community
        service, provided community service is available in
        the jurisdiction and is funded and approved by the
        county board.
        (3) The court may, in addition to other conditions:
            (A) Require that the person make a report to and
        appear in person before or participate with the court
        or courts, person, or social service agency as directed
        by the court in the order of probation.
            (B) Require that the person pay a fine and costs.
            (C) Require that the person refrain from
        possessing a firearm or other dangerous weapon.
            (D) Prohibit the person from associating with any
        person who is actively engaged in any of the activities
        regulated by the permits issued or privileges granted
        by the Department of Natural Resources.
        (4) Upon violation of a term or condition of probation,
    the court may enter a judgment on its original finding of
    guilt and proceed as otherwise provided.
        (5) Upon fulfillment of the terms and conditions of
    probation, the court shall discharge the person and dismiss
    the proceedings against the person.
        (6) A disposition of probation is considered to be a
    conviction for the purposes of imposing the conditions of
    probation, for appeal, and for administrative revocation
    and suspension of licenses and privileges; however,
    discharge and dismissal under this Section is not a
    conviction for purposes of disqualification or
    disabilities imposed by law upon conviction of a crime.
        (7) Discharge and dismissal under this Section may
    occur only once with respect to any person.
        (8) If a person is convicted of an offense under this
    Act within 5 years subsequent to a discharge and dismissal
    under this Section, the discharge and dismissal under this
    Section shall be admissible in the sentencing proceeding
    for that conviction as a factor in aggravation.
        (9) The Circuit Clerk shall notify the Department of
    State Police of all persons convicted of or placed under
    probation for violations of Section 2.36a.
    (c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), (g), (h),
and (i)), and 3.24, 3.25, and 3.26 (except subsection (f)) 3.24 -
3.26, including administrative rules, shall be guilty of a
Class B misdemeanor.
    Any person who violates any of the provisions of Sections
1.22, 2.4, 2.36 and 2.38, including administrative rules, shall
be guilty of a Class A misdemeanor. Any second or subsequent
violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
    Any person who violates any of the provisions of this Act,
including administrative rules, during such period when his
license, privileges, or permit is revoked or denied by virtue
of Section 3.36, shall be guilty of a Class A misdemeanor.
    Any person who violates subsection (g), (i), (o), (p), (y),
or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties.
    Any person who violates any other of the provisions of this
Act including administrative rules, unless otherwise stated,
shall be guilty of a petty offense. Offenses committed by
minors under the direct control or with the consent of a parent
or guardian may subject the parent or guardian to the penalties
prescribed in this Section.
    In addition to any fines imposed pursuant to the provisions
of this Section or as otherwise provided in this Act, any
person found guilty of unlawfully taking or possessing any
species protected by this Act, shall be assessed a civil
penalty for such species in accordance with the values
prescribed in Section 2.36a of this Act. This civil penalty
shall be imposed by the Circuit Court for the county within
which the offense was committed at the time of the conviction.
All penalties provided for in this Section shall be remitted to
the Department in accordance with the same provisions provided
for in Section 1.18 of this Act.
(Source: P.A. 94-222, eff. 7-14-05.)
 
    (520 ILCS 5/3.25)  (from Ch. 61, par. 3.25)
    Sec. 3.25. Any individual who, within the State of
Illinois, holds, possesses or engages in the breeding or
raising of live fur-bearing mammals, protected by this Act,
except as provided in Sections 1.6 or 1.7, shall be a
fur-bearing mammal breeder in the meaning of this Act. Before
any individual shall hold, possess or engage in the breeding or
raising of live fur-bearing mammals, he shall first procure a
fur-bearing mammal breeder permit. Fur-bearing mammal breeder
permits shall be issued by the Department. The annual fee for
each fur-bearing mammal breeder permit shall be $25. All
fur-bearing mammal breeder permits shall expire on March 31 of
each year.
    Holders of fur-bearing mammal breeder permits may hold,
possess, engage in the breeding or raising, sell, or otherwise
dispose of live fur-bearing mammals or their green hides,
possessed thereunder, at any time of the year.
    Fur-bearing mammal breeders shall keep a record for 2 years
from the date of the acquisition, sale or other disposition of
each live fur-bearing mammal or its green hide so raised or
propagated, showing the date of such transaction, the name and
address of the individual receiving or buying such live
fur-bearing mammal or its green hide, and when requested to do
so, shall furnish such individual with a certificate of
purchase showing the number and kinds of live fur-bearing
mammals or green hides so disposed of, the date of the
transaction, the name and permit number of the breeder, and the
name of the individual receiving, collecting, or buying such
live fur-bearing mammals or green hides, and such other
information as the Department may require. Such records and
certificates of purchase shall be immediately presented to
officers or authorized employees of the Department, any
sheriff, deputy sheriff, or other peace officer when request is
made for same. Failure to produce such records or certificates
of purchase shall be prima facie evidence that such live
fur-bearing mammals or green hides are contraband with the
State of Illinois. The holder of a fur-bearing mammal breeder
permit may exhibit fur-bearing mammals commercially.
    Nothing in this Section shall be construed to give any such
permittee authority to take fur-bearing mammals in their wild
state contrary to other provisions of this Act, or to remove
such permittee from responsibility for the observance of any
Federal Laws, rules or regulations which may apply to such
fur-bearing mammals.
    Holders of fur-bearing mammal breeder permits may import
fur-bearing mammals into the State of Illinois but may release
the same only after health and disease prevention requirements
set forth by the Director and other State agencies have been
met and permission of the Director has been granted.
    The breeding, raising and producing in captivity, and the
marketing, by the producer, of mink (Mustela vison), red fox
(Vulpes vulpes) or arctic fox (Alopex lagopus), as live
animals, or as animal pelts or carcasses shall be deemed an
agricultural pursuit, and all such animals so raised in
captivity shall be deemed domestic animals, subject to all the
laws of the State with reference to possession and ownership as
are applicable at any time to domestic animals. All individuals
engaged in the foregoing activities are fur farmers and engaged
in farming for all statutory purposes. Such individuals are
exempt from the fur-bearing mammal breeder permit requirements
set forth in this Section if: (1) they are defined as farmers
for Federal income tax purposes, and (2) at least 20 percent of
their gross farm income as reported on Federal tax form
Schedule F (Form 1040) for the previous year is generated from
the sale of mink, red fox or arctic fox as live animals, animal
pelts or carcasses.
    No fur-bearing mammal breeder permits will be issued to
hold, possess, or engage in the breeding and raising of striped
skunks acquired after July 1, 1975, or coyotes acquired after
July 1, 1978, except for coyotes that are held or possessed by
a person who holds a hound running area permit under Section
3.26 of this Act.
(Source: P.A. 86-920.)
 
    (520 ILCS 5/3.26 new)
    Sec. 3.26. Hound running area permits; requirements.
    (a) Any person owning, holding, or controlling by lease,
for a term of at least 5 years, any contiguous tract of land
having an area prescribed by administrative rule who desires to
establish a hound running area to pursue authorized species
with hounds in a way that is not designed to capture or kill
the authorized species, shall apply to the Department for a
hound running area permit under this Section. The application
shall be made under oath of the applicant or under oath of one
of the applicant's principal officers if the applicant is an
association, club, or corporation. The annual fee for each
hound running area permit is $250. All hound running area
permits expire on March 31 of each year.
    Every applicant under this Section must also hold a
fur-bearing mammal breeder permit or a Class B commercial game
breeder permit, as appropriate.
    Upon receipt of an application, the Department is
authorized to inspect the area proposed to be a hound running
area as described in the application, the general premises, the
facilities where the authorized species are to be maintained or
propagated, and the habitat for the authorized species. As part
of the application and inspection process, the Department shall
assess the ability of the applicant to operate a property as a
hound running area. If the Department finds that (i) the area
meets the requirements of all applicable laws and rules, (ii)
the authorized species are healthy and disease free, and (iii)
the issuing of the permit will otherwise be in the public
interest, then the Department shall approve the application and
issue the permit for the operation of the property described in
the application.
    (b) Hound running areas shall be operated in a manner
consistent with the following:
        (1) Authorized species may be pursued with dogs in a
    hound running area, but not in a manner or with the intent
    to capture or kill. The Department shall promulgate rules
    that establish appropriate and prohibited activities for
    hound running areas.
        (2) Every hound running area shall have dog-proof
    escape areas. "Dog-proof escape area" means a culvert,
    brush pile, fenced refuge, or other structure suitable for
    use by authorized species to safely escape from dogs
    present on the hound running area. The number, type, and
    spacing of dog-proof escape areas shall be prescribed by
    administrative rule.
        (3) Every permit holder shall promptly post on the
    hound running area, at intervals of not more than 500 feet,
    signs prescribed by the Department by administrative rule.
    The boundaries of the hound running area shall also be
    clearly defined by fencing and signs under administrative
    rules promulgated by the Department. The area, signs,
    fencing, dog-proof escape areas, and facilities to
    maintain the authorized species are subject to inspection
    by the Department at any reasonable time.
        (4) A permit holder may maintain authorized species in
    temporary confinement facilities on the hound running area
    or at another location inspected by the Department and
    specified on the permit. Authorized species held by a
    permit holder may only be released into a hound running
    area, except that authorized species held by a permit
    holder may be released into the wild, exported, or given to
    a person that does not hold a hound running area permit or
    a fur-bearing mammal breeder permit or a Class B Commercial
    game breeders permit as appropriate, after written
    authorization is obtained from the Director. Prior to being
    released into a hound running area, all newly acquired
    authorized species shall be provided at least 7 days to
    acclimate to the hound running area in which the animal
    will be pursued. Authorized species held under a permit are
    subject to inspection by an agent of the Department and
    this inspection may include removal of reasonable samples
    for examination.
        (5) Any person who releases or handles dogs on a hound
    running area is subject to the hunting license and habitat
    stamp requirements of this Act.
        (6) The permit holder shall keep accurate permanent
    records on forms prescribed by the Department. The
    permanent records shall include, for each supplier of
    authorized species: (i) the supplier's full name, address,
    and telephone numbers; (ii) the number, sex, and identifier
    designation of each animal purchased, donated, sold,
    traded, or given to the permit holder by that supplier; and
    (iii) the date of the event or transaction. The permanent
    records shall also include the identification of all
    authorized species, while under the control of the permit
    holder on the area or elsewhere, by identifier designation
    and sex, along with information for each animal of the
    authorized species that gave birth, was born, died, or was
    disposed of in some other manner or that was sold, traded,
    donated, or conveyed in some other manner, and the dates on
    which those events occurred.
        (7) Every permit holder shall attach an individually
    marked identifier provided by the Department to each animal
    of the authorized species maintained by the permit holder.
    The permit holder shall pay a fee for each identifier as
    established by the Department by administrative rule. The
    permit holder shall record the identifier for each animal
    maintained on the area or elsewhere or released into the
    area.
        (8) Any person using the hound running area shall at
    all times respect the property rights of the property
    owners and the owners of adjacent properties, and shall not
    injure or destroy any livestock or property of any of those
    property owners. Springs and streams shall not be
    contaminated or polluted in any manner by persons using the
    hound running area. The natural use of springs and streams
    by dogs using the area shall not constitute contamination
    or pollution. Unless the express permission of the property
    owner has been given, no person using a hound running area
    may (i) mutilate or cut trees or shrubs on the hound
    running area or (ii) pick berries, fruits, or nuts present
    on the hound running area.
    (c) Except as otherwise provided by administrative rule, it
is unlawful for any person to enter a hound running area at any
time with a firearm, bow and arrow, or trap.
    (d) A hound running area permit is not transferable from
one person to another. When a permit holder sells or leases the
property that comprises or includes a hound running area and
the purchaser or lessee intends to continue to use the hound
running area under this Section, the purchaser or lessee must
apply for a permit as provided in subsection (a) of this
Section.
    (e) All authorized species must be legally acquired.
    (f) A person breeding or otherwise maintaining authorized
species in conjunction with a hound running area must have the
authorized species annually inspected and certified by a
licensed Illinois veterinarian to be disease free. Anyone
violating this subsection (f) is guilty of a business offense
and shall be fined an amount not exceeding $5,000.
    (g) The provisions of this Section are subject to
modification by administrative rule.
 
    (520 ILCS 5/3.33)  (from Ch. 61, par. 3.33)
    Sec. 3.33. The Department may either refuse to issue or
refuse to renew or may suspend or may revoke any game breeding
and hunting preserve area license or hound running area permit
if the Department finds that such licensed area or the operator
thereof is not complying or does not comply with the provisions
of Section 3.35 of this Act, or that such property, or area is
operated in violation of other provisions of this Act, or in an
unlawful or illegal manner; however, the Department shall not
refuse to issue, refuse to renew nor suspend or revoke any
license for any of these causes, unless the licensee affected
has been given at least 15 days notice, in writing, of the
reasons for the action of the Department and an opportunity to
appear before the Department or a representative thereof in
opposition to the action of the Department. Upon the hearing of
any such proceeding, the person designated by the Department to
conduct the hearing may administer oaths and the Department may
procure, by its subpoena, the attendance of witnesses and the
production of relevant books and papers. The Circuit Court upon
application either of the licensee affected, or of the
Department, may, on order duly entered, require the attendance
of witnesses and the production of relevant books and papers
before the Department or its representative in any such
hearing. Upon refusal or neglect to obey its order, the Court
may compel obedience by proceedings for contempt of court.
(Source: P.A. 84-150.)
 
    (520 ILCS 5/3.35)  (from Ch. 61, par. 3.35)
    Sec. 3.35. Any licensee, or any other person, who willfully
and intentionally transfers or permits the transfer of the tags
issued to the operator of one licensed game breeding and
hunting preserve area to the operator of another licensed game
breeding and hunting preserve area, or to any other person, or
who affixes such tags to game birds not taken from a licensed
game breeding and hunting preserve area or to game birds taken
from any area other than the area for which such tags were
issued, is guilty of a Class B misdemeanor.
    Any hound running area permit holder, or any other person,
who intentionally transfers an identifier issued to the permit
holder for a hound running area to another permit holder for a
hound running area, or to any other person, or who affixes such
an identifier to any of the authorized species under Section
3.26 that was not maintained at a hound running area, is guilty
of a Class B misdemeanor.
(Source: P.A. 84-150.)
 
    Section 10. The Illinois Dangerous Animals Act is amended
by changing Section 1 as follows:
 
    (720 ILCS 585/1)  (from Ch. 8, par. 241)
    Sec. 1. No person shall have a right of property in, keep,
harbor, care for, act as custodian of or maintain in his
possession any dangerous animal except at a properly maintained
zoological park, federally licensed exhibit, circus,
scientific or educational institution, research laboratory,
veterinary hospital, hound running area, or animal refuge in an
escape-proof enclosure.
(Source: P.A. 84-28.)

Effective Date: 1/1/2008