Section 750.10  Legal Possession

A whitetail deer that is killed as a result of a collision with a motor vehicle, or killed by other methods, may be legally possessed by an individual if the following criteria are met:

a)         The driver of a motor vehicle involved in a vehicle-deer collision has priority in possessing the deer. If the driver of the motor vehicle does not take possession of the deer before leaving the collision scene, any citizen of the State of Illinois may possess and transport the deer.  Any individual who wants to take a vehicle-killed deer to a taxidermist or tannery must obtain a tag from the Illinois Department of Natural Resources, Office of Law Enforcement, before delivering the deer to the taxidermist or tannery.  The tag cannot be discarded until the deer is at the legal residence of the person who legally claimed the deer.  There is no limit to the number of deer that may be possessed.

b)         Individuals who claim a deer killed in a vehicle collision shall record the following information and provide it to any law enforcement officer investigating the death and possession of the deer:

1)         date the deer was claimed;

2)         sex of the deer;

3)         location of the kill; and

4)         location where the deer or deer parts are stored.

c)         Individuals who claim a deer killed in a vehicle collision shall keep the record until they obtain a tag for taking the deer to a taxidermist or tannery or the deer and its parts are consumed or are no longer possessed by any person.

d)         Any individual finding a dead or crippled deer, other than those killed in a vehicle-deer collision, or legally taken by hunting methods, shall not transport the deer or deer parts until permission is obtained from a Conservation Police Officer or the Regional Law Enforcement Office. Permission will be granted to transport if it is determined by an investigation that the person requesting possession did not illegally kill or injure the deer and the deer is not needed for evidentiary purposes.  When retained, the head/antler and hide shall be properly tagged with an irremovable tag obtained from the Regional Law Enforcement Office.  The head/antler and hide tags shall remain attached to the head/antler or hide as long as the head/antler or hide remains in the green state, or when in a commercial business for the purpose of taxidermy, tanning, or other manufacturing processing.  The carcass shall be properly tagged with an irremovable tag obtained from the Regional Law Enforcement Office.  This tag can be discarded only after the deer has been processed, prepared for consumption, and is at the legal residence of the person who legally took possession of the deer killed by other methods.  The carcass tag requirement shall be waived by the Regional Law Enforcement Office if the individual possessing the deer carcass will process the deer at the individual's residence.

e)         Inedible parts of vehicle-killed deer or deer killed by other methods, other than deer legally taken by hunting methods, shall not be sold.

f)          The State of Illinois is absolved of any and all liability associated with the handling or utilization of vehicle-killed deer or deer killed by other methods.  This, however, does not relieve involved parties from reporting other liabilities to appropriate agencies as required.

g)         Except for any Law Enforcement Officers, authorized employees as defined in Section 1.2b of the Wildlife Code [520 ILCS 5/1.2b], or specific representatives from park districts or forest preserve districts as authorized by the Director, it shall be illegal to kill a deer crippled by a collision with a motor vehicle, or injured by any other method.

(Source:  Amended at 26 Ill. Reg. 4204, effective March 11, 2002)