Public Act 102-0932
 
HB4386 EnrolledLRB102 23033 CMG 32187 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 2.25, 2.26, and 2.33 and  by adding Sections 1.2aa and 
1.2bb as follows:
 
    (520 ILCS 5/1.2aa new)
    Sec. 1.2aa. Centerfire. "Centerfire" means a gun that will 
only fire a round that contains the primer in the center of the 
cartridge and not in the rim of the cartridge.
 
    (520 ILCS 5/1.2bb new)
    Sec. 1.2bb. Single shot. "Single shot" means a gun that is 
either manufactured or modified to only be capable of holding 
a total of one round in the magazine and chamber combined. 
"Single shot" does not include: (a) a rifle in the possession 
of a person who is also in possession of or in close proximity 
to a magazine that would allow the rifle to be capable of 
holding more than one round  or (b) a revolver.  A gun shall be 
considered single shot if there is no magazine in the 
possession of or in close proximity to a hunter in the field 
and the gun can only hold a total of one round.
 


    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)



    Sec. 2.25. It shall be unlawful for any person to take deer 
except (i) with
a shotgun, handgun, single shot centerfire 
rifle, or muzzleloading rifle or (ii) as provided by

administrative rule,
with a bow and arrow, during the open 
season of not more than 14 days which will
be set annually by 
the Director between the dates of
November 1st and December 
31st, both inclusive, or a special 3-day, youth-only season 
between the dates of September 1 and October 31.
For the 
purposes of this Section, legal handguns and rifles are 
limited to include any centerfire
handguns that are either a 
single shot or revolver and centerfire rifles that are single 
shot of .30
caliber or larger with a minimum barrel length of 4 
inches.  The only legal
ammunition
for a centerfire handgun or 
rifle is a bottleneck centerfire cartridge of .30 caliber or 
larger with a case length not exceeding one and two-fifths 
inches, or a straight-walled centerfire cartridge of .30 
caliber or larger, both of which must be available as a factory 
load with the published ballistic tables of the manufacturer 
showing a
capability of at least
500 foot pounds of energy at 
the muzzle. The barrel of a handgun shall be at least 4 inches.  
Full metal jacket bullets may not be
used to
harvest deer.

    The Department shall make administrative rules concerning 
management
restrictions applicable to the firearm and bow and 
arrow season.

    It shall be unlawful for any person to take deer except 
with a bow and
arrow during the open season for bow and arrow 
set annually by the Director
between the dates of September 
1st and January 31st, both inclusive.

    It shall be unlawful for any person to take deer except 
with (i) a
muzzleloading rifle or (ii) bow and arrow during the 
open season for
muzzleloading rifles set annually by the 
Director.

    The Director shall cause an administrative rule setting 
forth the
prescribed rules and regulations, including bag and 
possession limits and
those counties of the State where open 
seasons are established, to be
published in accordance with 
Sections 1.3 and 1.13 of this Act.

    The Department may establish separate harvest periods for 
the purpose of
managing or eradicating disease that has been 
found in the deer herd. This
season shall be restricted to gun 
or bow and arrow hunting only. The Department
shall publicly 
announce, via statewide news release, the season dates and

shooting hours, the counties and sites open to hunting.

    The Department is authorized to establish a separate 
harvest period at
specific sites within the State for the 
purpose of harvesting
surplus deer that cannot be taken during 
the regular season provided for
the taking of deer. This 
season shall be restricted to gun or bow and
arrow hunting only 
and shall be established during the period of September 1st
to 
February 15th, both inclusive. The Department shall publicly 
announce, via statewide news release, the season dates and 
shooting hours, and the counties and sites open to hunting. 
The Department shall publish suitable
prescribed rules and 
regulations established by administrative rule pertaining
to 
management restrictions applicable to this special harvest 
program. The Department shall allow unused gun deer permits 
that are left over from a regular season for the taking of deer 
to be rolled over and used during any separate harvest period 
held within 6 months of the season for which those tags were 
issued at no additional cost to the permit holder subject to 
the management restrictions applicable to the special harvest 
program.

    Beginning July 1, 2019, and on an annual basis thereafter, 
the Department shall provide a report to the General Assembly 
providing information regarding deer management programs 
established by the Code or by administrative rule that 
includes: (1) the number of surplus deer taken during each 
separate harvest season; (2) the number of deer found to have a 
communicable disease or other abnormality; and (3) what 
happens to the deer taken during each separate harvest season. 

(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)

 


    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)

    Sec. 2.26. Deer hunting permits. Any person attempting to 
take deer shall first obtain a "Deer
Hunting Permit" issued by 
the Department in accordance with its administrative rules.

Those rules must provide for the issuance of the following 
types of resident deer archery permits: (i) a combination 
permit, consisting of one either-sex permit and one 
antlerless-only permit, (ii) a single antlerless-only permit, 
and (iii) a single either-sex permit. The fee for a Deer 
Hunting Permit to take deer with either bow and arrow or gun

shall not exceed $25.00 for residents of the State.  The 
Department may by
administrative rule provide for non-resident 
deer hunting permits for which the
fee will not exceed $300 in 
2005, $350 in 2006, and $400 in 2007 and thereafter except as 
provided below for non-resident landowners
and non-resident  
archery hunters. The Department may by
administrative rule 
provide for a non-resident archery deer permit consisting
of 
not more than 2 harvest tags at a total cost not to exceed $325 
in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The 
fees for a youth resident and non-resident archery deer permit 
shall be the same. 






    The Department shall create a pilot program during the 
special 3-day, youth-only deer hunting season to allow for 
youth deer hunting permits that are valid statewide, excluding 
those counties or portions of counties closed to firearm deer 
hunting.  The Department shall adopt rules to implement the 
pilot program. Nothing in this paragraph shall be construed to 
prohibit the Department from issuing Special Hunt Area Permits 
for the youth-only deer hunting season or establishing, 
through administrative rule, additional requirements 
pertaining to the youth-only deer hunting season on 
Department-owned or Department-managed sites, including 
site-specific quotas or drawings. The provisions of this 
paragraph are inoperative on and after January 1, 2023.
    The standards and specifications for use of guns and bow 
and arrow for
deer hunting shall be established by 
administrative rule.

    No person may have in his or her possession any firearm not 
authorized by
administrative rule for a specific hunting 
season when taking deer unless in accordance with the Firearm 
Concealed Carry Act.

    Persons having a firearm deer hunting permit shall be 
permitted to
take deer only during the period from 1/2 hour 
before sunrise to
1/2 hour after sunset, and only during those 
days for which an open season is
established for the taking of 
deer by use of shotgun, handgun, rifle, or muzzle
loading

rifle.

    Persons having an archery deer hunting permit shall be 
permitted to
take deer only during the period from 1/2 hour 
before sunrise to 1/2 hour
after sunset, and only during those 
days for which an open season is
established for the taking of 
deer by use of bow and arrow.

    It shall be unlawful for any person to take deer by use of 
dogs,
horses, automobiles, aircraft or other vehicles, or by 
the use
or aid of bait or baiting of any kind.  For the purposes 
of this Section, "bait" means any material, whether liquid or 
solid, including food, salt, minerals, and other products, 
except pure water, that can be ingested, placed, or scattered 
in such a manner as to attract or lure white-tailed deer. 
"Baiting" means the placement or scattering of bait to attract 
deer. An area is considered as baited during the presence
of 
and for 10 consecutive days following the removal of bait. 
Nothing in this Section shall prohibit the use of a dog to 
track wounded deer. Any person using a dog for tracking 
wounded deer must maintain physical control of the dog at all 
times by means of a maximum 50 foot lead attached to the dog's 
collar or harness. Tracking wounded deer is permissible at 
night, but at no time outside of legal deer hunting hours or 
seasons shall any person handling or accompanying a dog being 
used for tracking wounded deer be in possession of any firearm 
or archery device. Persons tracking wounded deer with a dog 
during the firearm deer seasons shall wear blaze orange or 
solid blaze pink color as required. Dog handlers tracking 
wounded deer with a dog are exempt from hunting license and 
deer permit requirements so long as they are accompanied by 
the licensed deer hunter who wounded the deer.

    It shall be unlawful to possess or transport any wild deer 
which has
been injured or killed in any manner upon a public 
highway or public
right-of-way of this State unless exempted 
by administrative rule.

    Persons hunting deer must have gun unloaded and no bow and 
arrow
device shall be carried with the arrow in the nocked 
position during
hours when deer hunting is unlawful.

    It shall be unlawful for any person, having taken the 
legal limit of
deer by gun, to further participate with gun in 
any deer hunting party.

    It shall be unlawful for any person, having taken the 
legal limit
of deer by bow and arrow, to further participate 
with bow and arrow in any
deer hunting party.

    The Department may prohibit upland game hunting during the 
gun deer
season by administrative rule.

    The Department shall not limit the number of non-resident, 
either-sex archery deer hunting permits to less than 20,000.


    Any person who violates any of the provisions of this 
Section,
including administrative rules, shall be guilty of a 
Class B misdemeanor.

    For the purposes of calculating acreage under this 
Section, the Department shall, after determining  the total 
acreage of the applicable tract or tracts of land, round 
remaining fractional portions of  an acre greater than or equal 
to half of an acre up to the next whole acre. 
    For the purposes of taking white-tailed deer, nothing in 
this Section shall be construed to prevent the manipulation, 
including mowing or cutting, of standing crops as a normal 
agricultural or soil stabilization practice, food plots, or 
normal agricultural practices, including planting, harvesting, 
and maintenance such as cultivating or the use of products 
designed for scent only and not capable of ingestion, solid or 
liquid, placed or scattered, in such a manner as to attract or 
lure deer. Such manipulation for the purpose of taking 
white-tailed deer may be further modified by administrative 
rule. 
(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; 
102-237, eff. 1-1-22.)

 


    (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, 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.

    (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 and fur-bearing mammals, 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 unless in accordance with 
the Firearm Concealed Carry Act.

    (o) (Blank).

    (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 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

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 providing 
outfitting services under a waterfowl outfitter permit, or
on 
licensed game breeding and hunting preserve areas, as defined 
in Section
3.27, 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, excluding coyotes.

    (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 Sections 2.25 and 
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 or solid 
blaze pink color, with
such articles of clothing displaying a 
minimum of 400 square inches of
blaze orange or solid blaze 
pink color 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 or 
solid blaze pink 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 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.

    (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) (Blank).

    (kk) Nothing contained in this Section shall prohibit the 
Director
from issuing permits to paraplegics or to other 
persons with disabilities 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.

    (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.
    (oo) It is unlawful while deer hunting:
        (1) to possess or be in close proximity to a rifle that 
    is not centerfire; or
        (2) be in possession of or in close proximity to a 
    magazine that is capable of making a rifle not a single 
    shot. 
(Source: P.A. 102-237, eff. 1-1-22.)