Public Act 098-0914
 
HB5080 EnrolledLRB098 16291 MGM 51351 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 2.33 and   3.1-3 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 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 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.

    (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.

    (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 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, 
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 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, 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 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 
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.

    (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. 
(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; revised 9-24-13.)

 



    (520 ILCS 5/3.1-3)



    Sec. 3.1-3. Deer, waterfowl, and wild turkey outfitter 
permit; application and fees. Before
any person provides or 
offers to provide, for compensation, outfitting services
for 
deer, waterfowl, or
wild turkey hunting, that person must apply 
for and receive a permit from the
Department.  The
annual fee 
for resident outfitter permits shall not exceed $1,000.  The 
annual
fee for
nonresident outfitter permits shall not exceed 
$2,500.  All outfitter permit
fees shall be
deposited into the 
Wildlife and Fish Fund.  The criteria, definitions,
application 
process,
fees, and standards of outfitting services shall be 
provided by
administrative rule. Any person who violates any 
provision of this Section, including administrative rules, 
shall be guilty of a Class B misdemeanor. 

(Source: P.A. 92-177, eff. 7-27-01.)

 

    (520 ILCS 5/3.6 rep.)


    (520 ILCS 5/3.7 rep.)


    (520 ILCS 5/3.8 rep.)

    Section 10. The Wildlife Code is amended  by repealing 
Sections 3.6, 3.7, and 3.8.