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Public Act 91-0654
SB1068 Re-enrolled LRB9101340DHmgA
AN ACT to amend the Wildlife Code by changing Sections
2.33 and 2.37.
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 2.33 and 2.37 as follows:
(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 such 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 and except that 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
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
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 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.
(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 half hour after sunset and half hour before
sunrise except that hunting hours between half hour after
sunset and 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 their
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.
(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 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.
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.
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 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.
Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or persons
physically unable to walk, to shoot or hunt from a standing
vehicle, provided that such is otherwise in accord with this
Act.
Nothing contained in this Act shall prohibit the taking
of aquatic life protected by the Fish 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.
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. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.)
(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
Sec. 2.37. Authority to kill wildlife responsible for
damage. Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, Upon written permission from
the Department may authorize, owners and tenants of lands or
their agents to may remove or destroy any wild bird or wild
mammal, other than a game bird or migratory game bird, when
the such wild bird or wild mammal is known to be destroying
property or causing a risk to human health or safety upon his
or her land.
Upon receipt by the Department of information from the
owner, tenant, or sharecropper that any one or more species
of wildlife, other than a game bird or migratory bird, is
damaging dams, levees, ditches, or other property on the land
on which he resides or controls, together with a statement
regarding location of the property damages, the nature and
extent of the damage, and the particular species of wildlife
committing the damage, the Department shall make an
investigation.
If, after investigation, the Department finds that such
damage does to exist and can be abated only by removing or
destroying that such wildlife, a permit shall be issued by
the Department to remove or destroy the species responsible
causing the such damage.
A permit to control the such damage shall be for a period
of up to 90 days, shall specify the means and methods by
which and the person or persons by whom the wildlife may be
removed or destroyed, and shall set forth the disposition
procedure to be made of all wildlife taken, and such other
restrictions as the Director considers deems necessary and
appropriate in the circumstances of the particular case.
Whenever possible, the specimens destroyed shall be given to
a bona-fide public or State scientific, educational, or
zoological institution.
The permittee shall advise the Department in writing,
within 10 ten days after the expiration date of the permit,
of the number of individual species of wildlife taken,
disposition made of them same, and any other information
which the Department may consider necessary.
Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, In addition the Department
may grant to an individual, corporation, association or a
governmental body the authority to control species protected
by this Code wildlife. The Department shall set forth
applicable regulations in an Administrative Order and may
require periodic reports listing species taken, numbers of
each species taken, dates when taken, and other pertinent
information.
Drainage Districts shall have the authority to control
beaver provided that they must notify the Department in
writing that a problem exists and of their intention to trap
the animals at least 7 days before the trapping begins. The
District must identify traps used in beaver control outside
the dates of the furbearer trapping season with metal tags
with the district's name legibly inscribed upon them. During
the furtrapping season, traps must be identified as
prescribed by law. Conibear traps at least size 330 shall be
used except during the statewide furbearer trapping season.
During that time trappers may use any device that is legal
according to the Wildlife Code. Except during the statewide
furbearer trapping season, beaver traps must be set in water
at least 10 inches deep. Except during the statewide
furbearer trapping season, traps must be set within 10 feet
of an inhabited bank burrow or house and within 10 feet of a
dam maintained by a beaver. No beaver or other furbearer
taken outside of the dates for the furbearer trapping season
may be sold. All animals must be given to the nearest
conservation officer or other Department of Natural Resources
representative within 48 hours after they are caught.
Furbearers taken during the fur trapping season may be sold
provided that they are taken by persons who have valid
trapping licenses in their possession and are lawfully taken.
The District must submit an annual report showing the species
and numbers of animals caught. The report must indicate all
species which were taken.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 99. Effective date. This Act takes effect on
becoming law.
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