|
age 65 or older,
commencing with the 1994 license year.
|
(b) All residents before using any commercial fishing |
device shall
obtain a commercial fishing license, the fee |
for which shall be $35.
Each and every commercial device |
used shall be licensed by a resident
commercial fisherman |
as follows:
|
(1) For each 100 lineal yards, or fraction thereof, |
of seine
the fee is $18. For each minnow seine, minnow |
trap, or net for commercial
purposes the fee is $20.
|
(2) For each device to fish with a 100 hook trot |
line
device,
basket trap, hoop net, or dip net the fee |
is $3.
|
(3) When used in the waters of Lake Michigan, for |
the first 2000
lineal feet, or fraction thereof, of |
gill net the fee is $10; and
for each 1000 additional |
lineal feet, or fraction thereof, the fee is $10.
These |
fees shall apply to all gill nets in use in the water |
or on drying
reels on the shore.
|
(4) For each 100 lineal yards, or fraction thereof, |
of gill net
or trammel net the fee is $18.
|
(c) Residents of the State of Illinois may obtain a |
sportsmen's
combination license that shall entitle the |
holder to the same
non-commercial fishing privileges as |
residents holding a license as
described in subsection (a) |
of this Section and to the same hunting
privileges as |
residents holding a license to hunt all species as
|
|
described in Section 3.1 of the Wildlife Code. No |
sportsmen's combination
license shall be issued to any |
individual who would be ineligible for
either the fishing |
or hunting license separately. The sportsmen's
combination |
license fee shall be $25.50 $18.50 .
For residents age 65 or |
older, the fee is one-half of the fee charged for a
|
sportsmen's combination license.
|
(d) For 24 hours of fishing
by sport fishing devices
as |
defined in Section 10-95 or by spearing devices as defined |
in Section
10-110 the fee is $5. This license exempts the |
licensee from the
requirement for a salmon or inland trout |
stamp. The licenses provided for
by this subsection
are not |
required for residents of the State of Illinois who have |
obtained the
license provided for in subsection (a) of this |
Section.
|
(e) All residents before using any commercial mussel |
device shall
obtain a commercial mussel license, the fee |
for which shall be $50.
|
(f) Residents of this State, upon establishing |
residency as required
by the Department, may obtain a |
lifetime hunting or fishing license or
lifetime |
sportsmen's combination license which shall entitle the |
holder to
the same non-commercial fishing privileges as |
residents holding a license
as described in paragraph (a) |
of this Section and to the same hunting
privileges as |
residents holding a license to hunt all species as |
|
described
in Section 3.1 of the Wildlife Code. No lifetime |
sportsmen's combination
license shall be issued to or |
retained by any individual
who would be ineligible for |
either the fishing or hunting license
separately, either |
upon issuance, or in any year a violation would
subject an |
individual to have either or both fishing or hunting |
privileges
rescinded. The lifetime hunting and fishing |
license fees shall be as follows:
|
(1) Lifetime fishing: 30 x the current fishing |
license fee.
|
(2) Lifetime hunting: 30 x the current hunting |
license fee.
|
(3) Lifetime sportsmen's combination license: 30 x |
the current
sportsmen's combination license fee.
|
Lifetime licenses shall not be refundable. A $10 fee shall |
be charged
for reissuing any lifetime license. The Department |
may establish rules and
regulations for the issuance and use of |
lifetime licenses and may suspend
or revoke any lifetime |
license issued under this Section for violations of
those rules |
or regulations or other provisions under this Code or the
|
Wildlife Code. Individuals under 16 years of age who possess a |
lifetime
hunting or sportsmen's combination license shall have |
in their possession,
while in the field, a certificate of |
competency as required under Section
3.2 of the Wildlife Code. |
Any lifetime license issued under this Section
shall not exempt |
individuals from obtaining additional stamps or permits
|
|
required under the provisions of this Code or the Wildlife |
Code.
Individuals required to purchase additional stamps shall |
sign the stamps
and have them in their possession while fishing |
or hunting with a lifetime
license. All fees received from the |
issuance
of lifetime licenses shall be deposited in the Fish |
and Wildlife Endowment
Fund.
|
Except for licenses issued under subsection (e) of this |
Section, all
licenses provided for in this Section shall expire |
on March 31 of
each year, except that the license provided for |
in subsection (d) of
this Section shall expire 24 hours after |
the effective date and time listed
on the face of the license.
|
All individuals required to have and failing to have the |
license provided
for in subsection (a) or (d) of this Section |
shall be fined according to the
provisions of Section 20-35 of |
this Code.
|
All individuals required to have and failing to have the |
licenses
provided for in subsections (b) and (e) of this |
Section shall be guilty of a
Class B misdemeanor.
|
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, |
eff.
1-1-99.)
|
(515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
|
Sec. 20-55. License fees for non-residents. Fees for |
licenses for
non-residents of the State of Illinois are as |
follows:
|
(a) For sport fishing devices as defined by Section
10-95, |
|
or spearing
devices as defined in Section 10-110, non-residents |
age 16 or older shall be
charged $31 $24 for a fishing license |
to fish. For sport fishing devices as defined
by Section 10-95, |
or spearing devices as defined in Section 10-110, for a
period |
not to exceed 10 consecutive days fishing in the State of |
Illinois the
fee is $19.50 $12.50 .
|
For sport fishing devices as defined in Section 10-95,
or |
spearing
devices as defined in Section 10-110, for 24 hours of |
fishing the fee is $5. This license exempts the licensee from
|
the salmon or inland trout stamp requirement.
|
(b) All non-residents before using any commercial fishing |
device
shall obtain a non-resident commercial fishing license, |
the fee for
which shall be $150. Each and every commercial |
device shall be
licensed by a non-resident commercial fisherman |
as follows:
|
(1) For each 100 lineal yards, or fraction thereof, of |
seine
(excluding minnow seines) the fee is $36.
|
(2) For each device to fish with a 100 hook trot line
|
device,
basket trap, hoop net, or dip net the fee is $6.
|
(3) For each 100 lineal yards, or fraction thereof, of |
trammel net
the fee is $36.
|
(4) For each 100 lineal yards, or fraction thereof, of |
gill net
the fee is $36.
|
All persons required to have and failing to have the |
license provided
for in subsection (a) of this Section shall be |
fined under Section 20-35
of this Code. Each person required to |
|
have and failing to have the
licenses required under subsection |
(b) of this Section shall be guilty of a
Class B misdemeanor.
|
All licenses provided for in this Section shall expire on |
March 31 of
each year; except that the 24-hour license for |
sport fishing devices or
spearing devices shall
expire 24 hours |
after the effective date and time listed on the face of the
|
license and licenses for sport fishing devices
or spearing
|
devices for a period not to exceed 10 consecutive days fishing |
in the
State of Illinois as provided in subsection (a) of this |
Section shall
expire at midnight on the tenth day after issued, |
not counting the day
issued.
|
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, |
eff. 1-1-99.)
|
Section 10-10. The Wildlife Code is amended by changing |
Sections 1.29, 2.26, 3.2, and 3.39 as follows:
|
(520 ILCS 5/1.29) (from Ch. 61, par. 1.29)
|
Sec. 1.29. Migratory Waterfowl Stamp Fund.
|
(a) There is hereby created in the State Treasury the State
|
Migratory Waterfowl Stamp Fund. All fees collected from the |
sale of
State Migratory Waterfowl Stamps shall be deposited |
into this Fund. These
moneys shall be appropriated to the |
Department for the following purposes:
|
(1) 25% 50% of funds derived from the sale of State |
migratory waterfowl
stamps and 100% of all gifts, |
|
donations, grants and bequests of money for
the |
conservation and propagation of waterfowl, for projects |
approved by
the Department for the purpose of attracting |
waterfowl and improving public
migratory waterfowl areas |
within the State, and for payment of the costs
of printing |
State migratory waterfowl stamps, the expenses incurred in |
acquiring
State waterfowl stamp designs and the expenses of |
producing reprints.
These projects may include the
repair, |
maintenance and operation of public migratory waterfowl |
areas
only in emergencies as
determined by the State Duck |
Stamp Committee ; but none of the monies spent
within the |
State shall be used for administrative expenses .
|
(2) 25% of funds derived from the sale of State |
migratory waterfowl
stamps will be turned over by the |
Department to appropriate
non-profit organizations for the |
development of waterfowl propagation
areas within the |
Dominion of Canada or the United States that
specifically |
provide waterfowl for the Mississippi Flyway.
|
(3) 25% of funds derived from the sale of State |
migratory waterfowl
stamps shall be turned over by the |
Department to appropriate non-profit
organizations to be |
used for the implementation of the North American
Waterfowl |
Management Plan. These funds shall be used for the |
development of
waterfowl areas within the Dominion of |
Canada or the United States that
specifically provide |
waterfowl for the Mississippi Flyway. |
|
(4) 25% of funds derived from the sale of State |
migratory waterfowl stamps shall be available for use by |
the Department for internal administrative costs of the |
Department and for the maintenance of waterfowl habitat, |
including the replacement, repair, operation, and |
maintenance of pumps and levees used for water management |
on public migratory waterfowl areas within the State.
|
(b) Before turning over any funds under the provisions of
|
paragraphs (2) and (3) of subsection (a)
the Department shall |
obtain evidence that the project is
acceptable to the |
appropriate governmental agency of the Dominion of
Canada or |
the United States or of one of its Provinces or States having
|
jurisdiction over the lands and waters affected by the project, |
and shall
consult those agencies and the State Duck Stamp |
Committee for approval
before allocating funds.
|
(c) The State Duck Stamp Committee shall consist of: (1) |
The State
Waterfowl Biologist, (2) The Chief of the Wildlife
|
Resources Division or his designee, (3) The Chief of the Land |
Management
Division or his designee, (4) The Chief of the |
Engineering Technical Services Division
or his designee, and |
(5) Two or more at large representatives from
statewide |
waterfowl organizations appointed by the Director. The
|
Committee's duties shall be to review and recommend all Duck |
Stamp Projects
and review and recommend all expenditures from |
the State Migratory
Waterfowl Stamp Fund. The committee shall |
give due consideration to
waterfowl projects that are readily |
|
available to holders of the State
Migratory Waterfowl Stamp, |
wherever they may live in Illinois.
|
(Source: P.A. 86-155; 87-135.)
|
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
|
Sec. 2.26. Deer hunting permits. In this Section,
"bona |
fide equity shareholder" means an individual who (1) purchased, |
for
market price, publicly sold stock shares in a corporation,
|
purchased shares of a privately-held corporation for a value
|
equal to the percentage of the appraised value of the corporate |
assets
represented by the ownership in the corporation, or is a |
member of a
closely-held family-owned corporation and has |
purchased or been gifted with
shares of stock in the |
corporation accurately reflecting his or her
percentage of |
ownership and (2) intends to retain the ownership of the
shares |
of stock for at least 5 years.
|
In this Section, "bona fide equity member" means an |
individual who (1) (i)
became a member
upon
the formation of |
the limited liability company or (ii) has purchased a
|
distributional interest in a limited liability company for a |
value equal to the
percentage of the appraised value of the LLC |
assets represented by the
distributional interest in the LLC |
and subsequently becomes a member of the
company
pursuant to |
Article 30 of the Limited Liability Company Act and who (2)
|
intends to retain the membership for at least 5 years.
|
In this Section, "bona fide equity partner" means an |
|
individual who (1) (i) became a partner, either general or |
limited, upon the formation of a partnership or limited |
partnership, or (ii) has purchased, acquired, or been gifted a |
partnership interest accurately representing his or her |
percentage distributional interest in the profits, losses, and |
assets of a partnership or limited partnership, (2) intends to |
retain ownership of the partnership interest for at least 5 |
years, and (3) is a resident of Illinois.
|
Any person attempting to take deer shall first obtain a |
"Deer
Hunting Permit" in accordance with prescribed |
regulations set forth in an
Administrative Rule. Deer Hunting |
Permits shall be issued by the Department.
The fee for a Deer |
Hunting Permit to take deer with either bow and arrow or gun
|
shall not exceed $25.00 $15.00 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.
Permits |
shall be issued without charge to:
|
(a) Illinois landowners residing in Illinois who own at |
least 40 acres of
Illinois land and wish to hunt their land |
only,
|
|
(b) resident tenants of at least 40 acres of commercial |
agricultural land
where they will hunt, and
|
(c) Bona fide equity shareholders of a corporation,
|
bona fide
equity
members of a limited liability
company, or |
bona fide equity partners of a general or limited |
partnership
which owns at least 40 acres of land
in a |
county in Illinois who wish to hunt on the corporation's, |
company's, or partnership's land only.
One permit shall be |
issued without charge to one bona fide equity
shareholder, |
one bona fide equity member, or one bona fide equity |
partner for each 40
acres of land owned by the corporation, |
company, or partnership in
a county; however, the number of
|
permits issued without charge to bona fide equity |
shareholders of any
corporation or bona fide equity members
|
of a limited
liability company in any
county shall not |
exceed 15, and shall not exceed 3 in the case of bona fide |
equity partners of a partnership.
|
Bona fide landowners or tenants who do not wish to hunt |
only on the land
they own, rent, or lease or bona fide equity |
shareholders, bona fide
equity
members, or bona fide equity |
partners who do not wish to hunt
only on the
land owned by the |
corporation, limited liability company, or partnership
shall |
be
charged the same fee as the
applicant who is not a |
landowner, tenant, bona fide equity
shareholder,
bona fide |
equity member, or bona fide equity partner. Nonresidents
of
|
Illinois who own at least 40 acres of land and wish to hunt on |
|
their land only
shall be charged a fee set by administrative |
rule. The method for
obtaining these permits shall be |
prescribed by administrative rule.
|
The deer hunting permit issued without fee shall be valid |
on
all farm lands which the person to whom it is issued owns, |
leases or rents,
except that in the case of a permit issued to |
a bona fide equity
shareholder, bona fide equity member, or |
bona fide equity partner, the
permit shall
be valid on all |
lands owned by the corporation, limited liability
company, or |
partnership in the county.
|
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 possession any firearm not |
authorized by
administrative rule for a specific hunting season |
when taking deer.
|
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, 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 of salt
or bait of any kind. 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 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.
|
It shall be legal for handicapped persons, as defined in |
Section 2.33, and persons age 62 or older to
utilize a crossbow |
device, as defined in Department rules, to take deer.
|
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. |
(Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07; |
95-876, eff. 8-21-08; 96-162, eff. 1-1-10.)
|
(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
|
Sec. 3.2. Hunting license; application; instruction. |
Before the
Department or any county, city, village, township, |
|
incorporated town clerk
or his duly designated agent or any |
other person authorized or designated
by the Department to |
issue hunting licenses shall issue a hunting license
to any |
person, the person shall file his application with the |
Department or
other party authorized to issue licenses on a |
form provided by the
Department and further give definite proof |
of identity and place of legal
residence. Each clerk |
designating agents to issue licenses and stamps
shall furnish |
the Department, within 10 days following the appointment, the
|
names and mailing addresses of the agents. Each clerk or his |
duly
designated agent shall be authorized to sell licenses and |
stamps only
within the territorial area for which he was |
elected or appointed. No duly
designated agent is authorized to |
furnish licenses or stamps for
issuance by any other business |
establishment. Each
application shall be executed and sworn to |
and shall set forth the name
and description of the applicant |
and place of residence.
|
No hunting license shall be issued to any person born on or |
after January
1,
1980
unless he presents the person authorized |
to issue the license
evidence that he has held a hunting |
license issued by the State of Illinois
or another state in a |
prior year, or a certificate of competency as
provided in this |
Section. Persons under 16 years of age may be issued a
Lifetime |
Hunting or Sportsmen's Combination License as provided under |
Section
20-45 of the Fish and Aquatic Life Code but shall not |
be entitled to hunt
unless they have a certificate of |
|
competency as provided in this Section and
they shall have the |
certificate in their possession while hunting.
|
The Department of Natural Resources shall authorize
|
personnel of the
Department or certified volunteer instructors |
to conduct courses, of not
less than 10 hours in length, in |
firearms and hunter safety, which may include
training in bow |
and arrow safety, at regularly specified intervals throughout
|
the State. Persons successfully completing the course shall |
receive a
certificate of competency. The Department of Natural |
Resources may further
cooperate with any reputable association |
or organization in establishing
courses if the organization has |
as one of its objectives the promotion of
safety in the |
handling of firearms or bow and arrow.
|
The Department of Natural Resources shall designate any
|
person found by it
to be competent to give instruction in the |
handling of firearms, hunter
safety, and bow and arrow. The |
persons so appointed shall give the
course of instruction and |
upon the successful completion shall
issue to the person |
instructed a certificate of competency in the safe
handling of |
firearms, hunter safety, and bow and arrow. No charge shall
be |
made for any course of instruction except for materials or |
ammunition
consumed. The Department of Natural Resources shall
|
furnish information on
the requirements of hunter safety |
education programs to be distributed
free of charge to |
applicants for hunting licenses by the persons
appointed and |
authorized to issue licenses. Funds for the conducting of
|
|
firearms and hunter safety courses shall be taken from the fee |
charged
for the Firearm Owners Identification Card.
|
The fee for a hunting license to hunt all species for a |
resident of
Illinois is $12 $7 . For residents age 65 or older, |
the fee is one-half of the
fee charged for a hunting license to |
hunt all species for a resident of
Illinois. Nonresidents shall |
be charged $57 $50 for a hunting license.
|
Nonresidents may be issued a nonresident hunting license |
for a
period not to exceed 10 consecutive days' hunting in the |
State and shall
be charged a fee of $35 $28 .
|
A special nonresident hunting license authorizing a |
nonresident to
take game birds by hunting on a game breeding |
and hunting preserve
area only, established under Section 3.27, |
shall be issued upon proper
application being made and payment |
of a fee equal to that for a resident
hunting license. The |
expiration date of this license shall be on the same
date each |
year that game breeding and hunting preserve
area licenses |
expire.
|
Each applicant for a State Migratory Waterfowl Stamp, |
regardless of
his residence or other condition, shall pay a fee |
of $15 $10 and
shall receive a stamp. Except as provided under
|
Section 20-45 of the Fish and Aquatic Life Code,
the stamp |
shall be signed by the person or affixed to his license
or |
permit in a space designated by the Department for that |
purpose.
|
Each applicant for a State Habitat Stamp, regardless of his |
|
residence
or other condition, shall pay a fee of $5 and shall |
receive a
stamp. Except as provided under Section 20-45 of the |
Fish and Aquatic Life
Code, the stamp shall be signed by the |
person or affixed to his license or
permit in a space |
designated by the Department for that purpose.
|
Nothing in this Section shall be construed as to require |
the purchase
of more than one State Habitat Stamp by any person |
in any one license year.
|
The Department shall furnish the holders of hunting |
licenses and stamps
with an insignia as evidence of possession |
of license, or license and
stamp, as the Department may |
consider advisable. The insignia shall be
exhibited and used as |
the Department may order.
|
All other hunting licenses and all State stamps shall |
expire upon
March 31 of each year.
|
Every person holding any license, permit, or stamp issued |
under the
provisions of this Act shall have it in his |
possession for immediate
presentation for inspection to the |
officers and authorized employees of
the Department, any |
sheriff, deputy sheriff, or any other peace officer making
a |
demand for it. This provision shall not apply to Department |
owned or
managed sites where it is required that all hunters |
deposit their license,
permit, or Firearm Owner's |
Identification Card at the check station upon
entering the |
hunting areas.
|
(Source: P.A. 93-554, eff. 8-20-03.)
|
|
(520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
|
Sec. 3.39.
Residents of the State of Illinois may obtain a |
Sportsmen's
Combination License which shall entitle the holder |
to the same
non-commercial fishing privileges as residents |
holding a fishing license
described in subparagraph (a) of |
Section 20-45 of the Fish and Aquatic Life
Code, and to the |
same hunting privileges as residents holding a license to
hunt |
all species, as described in Section 3.1 of this Act. However, |
no
Sportsmen's Combination License shall be issued to any |
person who would be
ineligible for either the fishing or |
hunting license separately. The
Sportsmen's Combination |
License fee shall be $25.50 $18.50 .
For residents age 65 or |
older, the fee is one-half of the fee charged for a
Sportsmen's |
Combination License.
|
(Source: P.A. 90-743, eff. 1-1-99.)
|
ARTICLE 99. EFFECTIVE DATE
|
Section 99-99. Effective date. This Act takes effect on |
January 1, 2010.
|