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91_SB0723
LRB9105943DHmg
1 AN ACT to amend the Wildlife Code by changing Sections
2 2.25 and 2.26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Sections 2.25 and 2.26 as follows:
7 (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
8 Sec. 2.25. It shall be unlawful for any person to take
9 deer except (i) with a shotgun, handgun, or muzzleloading
10 rifle or (ii) as provided by administrative rule, with a bow
11 and arrow, or crossbow device for handicapped persons as
12 defined in Section 2.33, during the open season of not more
13 than 14 days which will be set annually by the Director
14 between the dates of November 1st and December 31st, both
15 inclusive. For the purposes of this Section, legal handguns
16 include any centerfire handguns of .30 caliber or larger with
17 a minimum barrel length of 4 inches. The only legal
18 ammunition for a centerfire handgun is a cartridge of .30
19 caliber or larger with a capability of at least 500 foot
20 pounds of energy at the muzzle. Full metal jacket bullets
21 may not be used to harvest deer.
22 The Department shall make administrative rules concerning
23 management restrictions applicable to the firearm and bow and
24 arrow season.
25 It shall be unlawful for any person to take deer except
26 with a bow and arrow, or crossbow device for handicapped
27 persons (as defined in Section 2.33), during the open season
28 for bow and arrow set annually by the Director between the
29 dates of September 1st and January 31st, both inclusive.
30 It shall be unlawful for any person to take deer except
31 with (i) a muzzleloading rifle, or (ii) bow and arrow, or
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1 crossbow device for handicapped persons as defined in Section
2 2.33, during the open season for muzzleloading rifles set
3 annually by the Director.
4 The Director shall cause an administrative rule setting
5 forth the prescribed rules and regulations, including bag and
6 possession limits and those counties of the State where open
7 seasons are established, to be published in accordance with
8 Sections 1.3 and 1.13 of this Act.
9 The Department is authorized to establish a separate
10 harvest period at specific sites within the State for the
11 purpose of harvesting surplus deer that cannot be taken
12 during the regular season provided for the taking of deer.
13 This season shall be restricted to gun or bow and arrow
14 hunting only and shall be established during the period of
15 September 1st to February 15th, both inclusive. The
16 Department shall publish suitable prescribed rules and
17 regulations established by administrative rule pertaining to
18 management restrictions applicable to this special harvest
19 program.
20 (Source: P.A. 86-1188; 87-126; 87-234; 87-895; 87-1015;
21 87-1243; 87-1268.)
22 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
23 Sec. 2.26. Any person attempting to take deer shall
24 first obtain a "Deer Hunting Permit" in accordance with
25 prescribed regulations set forth in an Administrative Rule.
26 Deer Hunting Permits shall be issued by the Department. The
27 fee for a Deer Hunting Permit to take deer with either bow
28 and arrow or gun shall not exceed $15.00 for residents of the
29 State. The Department may by administrative rule provide for
30 non-resident deer hunting permits for which the fee will not
31 exceed $100 except as provided below for non-resident
32 landowners. Permits shall be issued without charge to:
33 (a) Illinois landowners residing in Illinois who
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1 own at least 40 acres of Illinois land and wish to hunt
2 their land only,
3 (b) resident tenants of at least 40 acres of
4 commercial agricultural land where they will hunt, and
5 (c) shareholders of a corporation which owns at
6 least 40 acres of land in a county in Illinois who wish
7 to hunt on the corporation's land only. One permit shall
8 be issued without charge to one shareholder for each 40
9 acres of land owned by the corporation in a county;
10 however, the number of permits issued without charge to
11 shareholders of any corporation in any county shall not
12 exceed 15.
13 Bona fide landowners or tenants who do not wish to hunt
14 only on the land they own, rent or lease or shareholders who
15 do not wish to hunt only on the land owned by the corporation
16 shall be charged the same fee as the applicant who is not a
17 landowner, tenant or shareholder. Nonresidents of Illinois
18 who own at least 40 acres of land and wish to hunt on their
19 land only shall be charged a fee set by administrative rule.
20 The method for obtaining these permits shall be prescribed by
21 administrative rule.
22 The deer hunting permit issued without fee shall be valid
23 on all farm lands which the person to whom it is issued owns,
24 leases or rents, except that in the case of a permit issued
25 to a shareholder, the permit shall be valid on all lands
26 owned by the corporation in the county.
27 The Department may set aside, in accordance with the
28 prescribed regulations set forth in an administrative rule of
29 the Department, a limited number of Deer Hunting Permits to
30 be available to persons providing evidence of a contractual
31 arrangement to hunt on properties controlled by a bona fide
32 Illinois outfitter. The number of available permits shall be
33 based on a percentage of unfilled permits remaining after the
34 previous year's lottery. Eligible outfitters shall be those
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1 having membership in, and accreditation conferred by, a
2 professional association of outfitters approved by the
3 Department. The association shall be responsible for setting
4 professional standards and codes of conduct for its
5 membership, subject to Departmental approval. In addition to
6 the fee normally charged for resident and nonresident
7 permits, a reservation fee not to exceed $200 shall be
8 charged to the outfitter for each permit set aside in
9 accordance with this Act. The reservation fee shall be
10 deposited into the Wildlife and Fish Fund.
11 The standards and specifications for use of guns and bow
12 and arrow for deer hunting shall be established by
13 administrative rule.
14 No person may have in his possession any firearm not
15 authorized by administrative rule for a specific hunting
16 season when taking deer.
17 Persons having a firearm deer hunting permit shall be
18 permitted to take deer only during the period from 1/2 hour
19 before sunrise to sunset, and only during those days for
20 which an open season is established for the taking of deer by
21 use of shotgun, handgun, or muzzle loading rifle.
22 Persons having an archery deer hunting permit shall be
23 permitted to take deer only during the period from 1/2 hour
24 before sunrise to 1/2 hour after sunset, and only during
25 those days for which an open season is established for the
26 taking of deer by use of bow and arrow.
27 It shall be unlawful for any person to take deer by use
28 of dogs, horses, automobiles, aircraft or other vehicles, or
29 by the use of salt or bait of any kind. An area is
30 considered as baited during the presence of and for 10
31 consecutive days following the removal of bait.
32 It shall be unlawful to possess or transport any wild
33 deer which has been injured or killed in any manner upon a
34 public highway or public right-of-way of this State unless
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1 exempted by administrative rule.
2 Persons hunting deer must have gun unloaded and no bow
3 and arrow device shall be carried with the arrow in the
4 nocked position during hours when deer hunting is unlawful.
5 It shall be unlawful for any person, having taken the
6 legal limit of deer by gun, to further participate with gun
7 in any deer hunting party.
8 It shall be unlawful for any person, having taken the
9 legal limit of deer by bow and arrow, to further participate
10 with bow and arrow in any deer hunting party.
11 The Department may prohibit upland game hunting during
12 the gun deer season by administrative rule.
13 It shall be legal for handicapped persons, as defined in
14 Section 2.33, to utilize a crossbow device, as defined in
15 Department rules, to take deer.
16 Any person who violates any of the provisions of this
17 Section, including administrative rules, shall be guilty of a
18 Class B misdemeanor.
19 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
20 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)