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Public Act 098-0181 | ||||
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing Section | ||||
2.33 as follows:
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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 | ||||
refuge unless otherwise permitted by administrative rule.
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(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.
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(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.
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(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.
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(e) (Blank).
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(f) It is unlawful to use spears, gigs, hooks or any like | ||
device to
take any species protected by this Act.
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(g) It is unlawful to use poisons, chemicals or explosives | ||
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, | ||
grass,
brush or other inflammable substance when it is burning.
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(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
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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.
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(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.
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(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.
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(l) It is unlawful to take any species of wild game, except
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white-tailed deer and fur-bearing mammals , with a shotgun | ||
loaded with slugs unless otherwise
provided for by | ||
administrative rule.
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(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.
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(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,
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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.
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(o) It is unlawful to use any crossbow for the purpose of | ||
taking any
wild birds or mammals, except as provided for in | ||
Section 2.5.
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(p) It is unlawful to take game birds, migratory game birds | ||
or
migratory waterfowl with a rifle, pistol, revolver or | ||
airgun.
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(q) It is unlawful to fire a rifle, pistol, revolver or | ||
airgun on,
over or into any waters of this State, including | ||
frozen waters.
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(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.
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(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.
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(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
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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
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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
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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 | ||
be used for
tree climbing or cutting, while hunting fur-bearing | ||
mammals, excluding coyotes.
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(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.
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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 | ||
during the season
closed for taking.
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(dd) It is unlawful to take any species protected by this | ||
Act and retain
it alive except as provided by administrative | ||
rule.
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(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.
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(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.
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(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
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Cottontail and Swamp Rabbit.
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(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.
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(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.
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(jj) (Blank).
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(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.
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(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
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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.
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(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.
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(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11; | ||
97-907, eff. 8-7-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |