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Public Act 099-0033 | ||||
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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 | ||||
Sections 2.30, 2.30b, 2.33, and 2.33a and by adding Section | ||||
2.30c as follows:
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(520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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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, bobcat, 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.
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It is unlawful for any person to take bobcat
in this State | ||||
at any time.
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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
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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 | ||
approved by the Department shall be exempt from the
provisions | ||
of this Section.
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It shall be unlawful to take beaver, river otter, weasel, | ||
mink, or muskrat except during
the open season set annually by | ||
the Director, and then, only with traps, except that a firearm, | ||
pistol, or airgun of a caliber not larger than a .22 long rifle | ||
may be used to remove the animal from the trap.
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It shall be unlawful for any person to trap beaver or river | ||
otter 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, both inclusive.
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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.
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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.
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Muskrat may be taken by trapping methods during an open | ||
season set annually by the Director. | ||
For the purpose of taking fur-bearing mammals, the State | ||
may be
divided into management zones by administrative rule.
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It shall be unlawful to take or possess more than the |
season limit or possession limit of fur-bearing mammals that | ||
shall be set annually by the Director. The season limit for | ||
river otter shall not exceed 5 river otters per person per | ||
season. The season limit for bobcat shall not exceed one bobcat | ||
per permit. Possession limits shall not apply to fur buyers, | ||
tanners, manufacturers, and taxidermists, as defined by this | ||
Act, who possess fur-bearing mammals in accordance with laws | ||
governing such activities. | ||
Nothing in this Section shall prohibit the taking or | ||
possessing of fur-bearing mammals found dead or | ||
unintentionally killed by a vehicle along a roadway during the | ||
open season provided the person who possesses such fur-bearing | ||
mammals has all appropriate licenses, stamps, or permits; the | ||
season for which the species possessed is open; and that such | ||
possession and disposal of such fur-bearing mammals is | ||
otherwise subject to the provisions of this Section. | ||
The provisions of this Section are subject to modification | ||
by administrative rule. | ||
(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-628, | ||
eff. 11-10-11; 98-463, eff. 8-16-13; 98-924, eff. 8-15-14.)
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(520 ILCS 5/2.30b) | ||
Sec. 2.30b. River otter and bobcat pelts. The pelts of | ||
river otters and bobcats shall be tagged in accordance with | ||
federal regulation 50 CFR 23.69(e). The Department may require | ||
harvest registration and set forth procedures, fees for |
registration, and the process of tagging pelts in | ||
administrative rules. Fees for registration and tagging shall | ||
not exceed $5 per pelt.
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(Source: P.A. 97-31, eff. 6-28-11.) | ||
(520 ILCS 5/2.30c new) | ||
Sec. 2.30c. Bobcat hunting and trapping permit; fee. Before | ||
any person may lawfully hunt or trap a bobcat, he or she shall | ||
first obtain a "Bobcat Hunting and Trapping Permit" in | ||
accordance with regulations set forth in an administrative rule | ||
of the Department. The fee for a Bobcat Hunting and Trapping | ||
Permit, if any, shall not exceed $5. The Department may limit | ||
the number of Bobcat Hunting and Trapping Permits that are made | ||
available each season and take other actions to regulate | ||
harvest in accordance with Sections 1.3 and 2.30 of this Act. | ||
The harvest of bobcats in this State shall be non-detrimental, | ||
as defined by federal regulations (50 CFR 23.61), and as | ||
determined by the United States Fish and Wildlife Service in | ||
accordance with 50 CFR 23.69.
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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 , bobcat, 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 take or attempt to | ||
take any species of wildlife or parts thereof, 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, or to knowingly shoot a gun or bow and arrow device at | ||
any wildlife physically on or flying over the property of | ||
another without first obtaining permission from
the owner or | ||
the owner's designee. For the purposes of this Section, the | ||
owner's designee means anyone who the owner designates in a | ||
written authorization and the authorization must contain (i) | ||
the legal or common description of property for such authority | ||
is given, (ii) the extent that the owner's designee is | ||
authorized to make decisions regarding who is allowed to take | ||
or attempt to take any species of wildlife or parts thereof, | ||
and (iii) the owner's notarized signature. Before enforcing | ||
this
Section the law enforcement officer must have received | ||
notice from the
owner or the owner's designee 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
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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 providing outfitting | ||
services under a waterfowl outfitter permit, or
on licensed | ||
game breeding and hunting preserve areas, as defined in Section
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3.27, 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 bag limit without | ||
making a reasonable
effort to retrieve such species and include | ||
such in the bag limit. It shall be unlawful for any person | ||
having control over harvested game mammals, game birds, or | ||
migratory game birds for which there is a bag limit to wantonly | ||
waste or destroy the usable meat of the game, except this shall | ||
not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||
Code. For purposes of this subsection, "usable meat" means the | ||
breast meat of a game bird or migratory game bird and the hind | ||
ham and front shoulders of a game mammal. It shall be unlawful | ||
for any person to place, leave, dump, or abandon a wildlife | ||
carcass or parts of it along or upon a public right-of-way or | ||
highway or on public or private property, including a waterway | ||
or stream, without the permission of the owner or tenant. It | ||
shall not be unlawful to discard game meat that is determined | ||
to be unfit for human consumption.
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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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(nn) It shall be unlawful to possess any species of | ||
wildlife or wildlife parts taken unlawfully in Illinois, any | ||
other state, or any other country, whether or not the wildlife | ||
or wildlife parts is indigenous to Illinois. For the purposes | ||
of this subsection, the statute of limitations for unlawful | ||
possession of wildlife or wildlife parts shall not cease until | ||
2 years after the possession has permanently ended. | ||
(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | ||
98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | ||
98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff. |
1-1-15 .)
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(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
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Sec. 2.33a. Trapping. | ||
(a) It is unlawful to fail to visit and remove all animals
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from traps staked out, set, used, tended, placed or maintained | ||
at least
once each calendar day.
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(b) It is unlawful for any person to place, set, use, or | ||
maintain a
leghold trap or one of similar construction on land, | ||
that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or | ||
a body-gripping trap or one of
similar construction having a | ||
jaw spread larger than 7 inches (17.8 CM) on
a side if square | ||
and 8 inches (20.4 CM) if round.
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(c) It is unlawful for any person to place, set, use, or | ||
maintain a
leghold trap or one of similar construction in | ||
water, that has a jaw spread
of larger than 7 1/2 inches (19.1 | ||
CM), or a body-gripping trap or one of
similar construction | ||
having a jaw spread larger than 10 inches (25.4 CM) on
a side | ||
if square and 12 inches (30.5 CM) if round.
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(d) It is unlawful to use any trap with saw-toothed, | ||
spiked, or toothed jaws.
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(e) It is unlawful to destroy, disturb or in any manner | ||
interfere with
dams, lodges, burrows or feed beds of beaver | ||
while trapping for beaver or
to set a trap inside a muskrat | ||
house or beaver lodge, except that this shall
not apply to | ||
Drainage Districts who are acting pursuant to the provisions
of |
Section 2.37.
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(f) It is unlawful to trap beaver or river otter with: (1) | ||
a leghold trap or one of similar
construction having a jaw | ||
spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 | ||
inches (19.1 CM), or (2) a body-gripping trap or one of
similar | ||
construction having a jaw spread of less than 7 inches (17.7 | ||
CM) or
more than 10 inches (25.4 CM) on a side if square and 12 | ||
inches (30.5 CM) if
round, except that these restrictions shall | ||
not apply during
the open season for trapping raccoons.
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(g) It is unlawful to set traps closer than 10 feet (3.05 | ||
M) from any
hole or den which may be occupied by a game mammal | ||
or fur-bearing mammal
except that this restriction shall not | ||
apply to water sets.
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(h) It is unlawful to trap or attempt to trap any | ||
fur-bearing mammal
with any colony, cage, box, or stove-pipe | ||
trap designed to take more than one
mammal at a single setting.
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(i) It is unlawful for any person to set or place any trap | ||
designed to
take any fur-bearing mammal protected by this Act | ||
during the closed
trapping season. Proof that any trap was | ||
placed during the closed trapping
season shall be deemed prima | ||
facie evidence of a violation of this provision.
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(j) It is unlawful to place, set, or maintain any leghold | ||
trap or one of
similar construction within thirty (30) feet | ||
(9.14 m) of bait placed in
such a manner or position that it is | ||
not completely covered and concealed
from sight, except that | ||
this shall not apply to underwater sets. Bait shall
mean and |
include any bait composed of mammal, bird, or fish flesh, fur,
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hide, entrails or feathers.
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(k) (Blank). It shall be unlawful for hunters or trappers | ||
to have the green hides
of fur-bearing mammals, protected by | ||
this Act, in their possession except
during the open season and | ||
for an additional period of 10 days succeeding
such open | ||
season.
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(l) It is unlawful for any person to place, set, use or | ||
maintain a
snare trap or one of similar construction in water, | ||
that has a loop
diameter exceeding 15 inches (38.1 CM) or a | ||
cable or wire diameter of more
than 1/8 inch (3.2 MM) or less | ||
than 5/64 inch (2.0 MM), that is constructed
of stainless steel | ||
metal cable or wire, and that does not have a mechanical
lock, | ||
anchor swivel and stop device to prevent the mechanical lock | ||
from
closing the noose loop to a diameter of less than 2 1/2 | ||
inches (6.4 CM).
| ||
(m) It is unlawful to trap muskrat or mink with (1) a | ||
leghold trap or one of similar construction or (2) a | ||
body-gripping trap or one of similar construction unless the | ||
body-gripping trap or similar trap is completely submerged | ||
underwater when set. These restrictions shall not apply during | ||
the open season for trapping raccoons. | ||
(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-813, | ||
eff. 7-13-12.)
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