093_HB0335

 
                                     LRB093 02598 MKM 03447 b

 1        AN ACT concerning animals.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Wildlife  Code  is  amended  by  changing
 5    Sections  1.2t,  2.33,  2.33a, and 2.37 and by adding Section
 6    1.2y as follows:

 7        (520 ILCS 5/1.2t) (from Ch. 61, par. 1.2t)
 8        Sec. 1.2t.  "Wildlife" means any bird or mammal living in
 9    a state of nature without  the  care  of  man  including  all
10    species  covered  by  this Act. It does not include companion
11    animals as defined in the Humane Care for  Animals  Act  (510
12    ILCS 70/).
13    (Source: P.A. 81-382.)

14        (520 ILCS 5/1.2y new)
15        Sec.  1.2y.  "Euthanasia"  means  the administration of a
16    lethal dose of an agent or a method of euthanasia that causes
17    the death of an animal, as prescribed in the  Report  of  the
18    American  Veterinary  Medical Association Panel on Euthanasia
19    published in the Journal of the American  Veterinary  Medical
20    Association, March 1, 2001.

21        (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
22        Sec. 2.33.  Prohibitions.
23        (a)  It  is  unlawful  to carry or possess any gun in any
24    State refuge unless  otherwise  permitted  by  administrative
25    rule.
26        (b)  It  is  unlawful  to  use  or  possess  any snare or
27    snare-like device, deadfall, net, or pit  trap  to  take  any
28    species,  except  that snares not powered by springs or other
29    mechanical devices may be used to trap  fur-bearing  mammals,
 
                            -2-      LRB093 02598 MKM 03447 b
 1    in  water  sets only, if at least one-half of the snare noose
 2    is located underwater at all times.
 3        (c)  It is unlawful for any person at any time to take  a
 4    wild  mammal  protected  by this Act from its den by means of
 5    any mechanical device, spade, or digging  device  or  to  use
 6    smoke or other gases to dislodge or remove such mammal except
 7    as provided in Section 2.37.
 8        (d)  It  is  unlawful  to use a ferret or any other small
 9    mammal which is used in the same or similar manner for  which
10    ferrets  are  used  for the purpose of frightening or driving
11    any mammals from their dens or hiding places.
12        (e)  (Blank).
13        (f)  It is unlawful to use spears,  gigs,  hooks  or  any
14    like device to take any species protected by this Act.
15        (g)  It   is   unlawful  to  use  poisons,  chemicals  or
16    explosives for the purpose of taking any species protected by
17    this Act.
18        (h)  It is unlawful to hunt adjacent to or near any peat,
19    grass, brush  or  other  inflammable  substance  when  it  is
20    burning.
21        (i)  It  is  unlawful  to  take,  pursue or intentionally
22    harass or disturb in any manner any wild birds or mammals  by
23    use  or aid of any vehicle or conveyance, except as permitted
24    by  the  Code  of  Federal  Regulations  for  the  taking  of
25    waterfowl.  It is also unlawful to  use  the  lights  of  any
26    vehicle  or  conveyance  or  any  light  from  or  any  light
27    connected  to  the  vehicle  or  conveyance in any area where
28    wildlife may be found except in accordance with Section  2.37
29    of  this Act; however, nothing in this Section shall prohibit
30    the normal use of headlamps for the purpose of driving upon a
31    roadway.  Striped skunk, opossum, red fox, gray fox,  raccoon
32    and  coyote  may  be taken during the open season by use of a
33    small light which is worn on  the  body  or  hand-held  by  a
34    person on foot and not in any vehicle.
 
                            -3-      LRB093 02598 MKM 03447 b
 1        (j)  It  is  unlawful  to  use any shotgun larger than 10
 2    gauge while taking or attempting to take any of  the  species
 3    protected by this Act.
 4        (k)  It  is  unlawful  to use or possess in the field any
 5    shotgun shell loaded with a shot size larger than lead BB  or
 6    steel  T (.20 diameter) when taking or attempting to take any
 7    species of wild game mammals (excluding  white-tailed  deer),
 8    wild  game birds, migratory waterfowl or migratory game birds
 9    protected by this Act, except white-tailed deer  as  provided
10    for  in  Section  2.26  and  other species as provided for by
11    subsection (l) or administrative rule.
12        (l)  It is unlawful to take any  species  of  wild  game,
13    except  white-tailed  deer,  with a shotgun loaded with slugs
14    unless otherwise provided for by administrative rule.
15        (m)  It is unlawful to use any shotgun capable of holding
16    more than 3 shells  in  the  magazine  or  chamber  combined,
17    except  on  game breeding and hunting preserve areas licensed
18    under Section 3.27 and except as permitted  by  the  Code  of
19    Federal  Regulations  for  the  taking  of waterfowl.  If the
20    shotgun is capable of holding more than 3 shells,  it  shall,
21    while  being  used  on an area other than a game breeding and
22    shooting preserve area licensed pursuant to Section 3.27,  be
23    fitted  with  a  one  piece  plug that is irremovable without
24    dismantling the shotgun or otherwise  altered  to  render  it
25    incapable  of  holding more than 3 shells in the magazine and
26    chamber, combined.
27        (n)  It is unlawful for any person,  except  persons  who
28    possess  a  permit to hunt from a vehicle as provided in this
29    Section and persons otherwise permitted by law,  to  have  or
30    carry  any  gun in or on any vehicle, conveyance or aircraft,
31    unless such gun is unloaded and enclosed in  a  case,  except
32    that  at field trials authorized by Section 2.34 of this Act,
33    unloaded guns or guns loaded with blank cartridges only,  may
34    be  carried on horseback while not contained in a case, or to
 
                            -4-      LRB093 02598 MKM 03447 b
 1    have or carry any bow or arrow device in or  on  any  vehicle
 2    unless  such bow or arrow device is unstrung or enclosed in a
 3    case, or otherwise made inoperable.
 4        (o)  It is unlawful to use any crossbow for  the  purpose
 5    of  taking  any wild birds or mammals, except as provided for
 6    in Section 2.33.
 7        (p)  It is unlawful to take game  birds,  migratory  game
 8    birds  or  migratory waterfowl with a rifle, pistol, revolver
 9    or airgun.
10        (q)  It is unlawful to fire a rifle, pistol, revolver  or
11    airgun  on,  over or into any waters of this State, including
12    frozen waters.
13        (r)  It is unlawful to discharge any gun or bow and arrow
14    device along, upon, across, or from any  public  right-of-way
15    or highway in this State.
16        (s)  It  is unlawful to use a silencer or other device to
17    muffle or mute the sound of the explosion or report resulting
18    from the firing of any gun.
19        (t)  It is unlawful for any person to trap  or  hunt,  or
20    allow  a  dog to hunt, within or upon the land of another, or
21    upon waters flowing over or standing on the land of  another,
22    without  first obtaining permission from the owner or tenant.
23    It shall be prima facie evidence that a person does not  have
24    permission  of the owner or tenant if the person is unable to
25    demonstrate to the law enforcement officer in the field  that
26    permission  had  been  obtained.   This provision may only be
27    rebutted by testimony of the owner or tenant that  permission
28    had  been  given.   Before  enforcing  this  Section  the law
29    enforcement officer must have received notice from the  owner
30    or tenant of a violation of this Section.  Statements made to
31    the  law  enforcement officer regarding this notice shall not
32    be rendered inadmissible by the hearsay rule when offered for
33    the purpose of showing the required notice.
34        (u)  It is unlawful  for  any  person  to  discharge  any
 
                            -5-      LRB093 02598 MKM 03447 b
 1    firearm  for  the  purpose  of  taking  any  of  the  species
 2    protected  by  this  Act, or hunt with gun or dog, or allow a
 3    dog to hunt,  within  300  yards  of  an  inhabited  dwelling
 4    without  first obtaining permission from the owner or tenant,
 5    except that while  trapping,  hunting  with  bow  and  arrow,
 6    hunting  with  dog  and  shotgun  using  shot shells only, or
 7    hunting with shotgun using shot shells only, or  on  licensed
 8    game  breeding  and  hunting  preserve  areas,  as defined in
 9    Section  3.27,  on  property  operated  under   a   Migratory
10    Waterfowl Hunting Area Permit, on federally owned and managed
11    lands  and on Department owned, managed, leased or controlled
12    lands, a 100 yard restriction shall apply.
13        (v)  It is unlawful for any person to remove  fur-bearing
14    mammals  from, or to move or disturb in any manner, the traps
15    owned by another person without written authorization of  the
16    owner to do so.
17        (w)  It  is  unlawful for any owner of a dog to knowingly
18    or wantonly allow his or her dog to pursue,  harass  or  kill
19    deer.
20        (x)  It  is  unlawful  for  any  person  to  wantonly  or
21    carelessly  injure  or destroy, in any manner whatsoever, any
22    real or personal  property  on  the  land  of  another  while
23    engaged in hunting or trapping thereon.
24        (y)  It  is  unlawful to hunt wild game protected by this
25    Act between one half hour after  sunset  and  one  half  hour
26    before  sunrise,  except  that hunting hours between one half
27    hour after sunset and one half hour  before  sunrise  may  be
28    established by administrative rule for fur-bearing mammals.
29        (z)  It is unlawful to take any game bird (excluding wild
30    turkeys  and  crippled pheasants not capable of normal flight
31    and otherwise irretrievable) protected by this Act  when  not
32    flying.  Nothing in this Section shall prohibit a person from
33    carrying  an  uncased,  unloaded  shotgun in a boat, while in
34    pursuit of a crippled migratory waterfowl that  is  incapable
 
                            -6-      LRB093 02598 MKM 03447 b
 1    of normal flight, for the purpose of attempting to reduce the
 2    migratory  waterfowl to possession, provided that the attempt
 3    is made immediately upon downing the migratory waterfowl  and
 4    is  done  within  400  yards  of  the  blind  from  which the
 5    migratory waterfowl was downed.  This exception  shall  apply
 6    only  to  migratory game birds that are not capable of normal
 7    flight.  Migratory waterfowl that are crippled may  be  taken
 8    only  with  a  shotgun as regulated by subsection (j) of this
 9    Section using shotgun shells as regulated in  subsection  (k)
10    of this Section.
11        (aa)  It  is  unlawful  to use or possess any device that
12    may be used for  tree  climbing  or  cutting,  while  hunting
13    fur-bearing mammals.
14        (bb)  It is unlawful for any person, except licensed game
15    breeders,  pursuant to Section 2.29 to import, carry into, or
16    possess alive in this State any  species  of  wildlife  taken
17    outside  of this State, without obtaining permission to do so
18    from the Director.
19        (cc)  It is unlawful for any person to have in his or her
20    possession any freshly killed species protected by  this  Act
21    during the season closed for taking.
22        (dd)  It  is  unlawful  to  take any species protected by
23    this Act and retain it alive.
24        (ee)  It is unlawful to possess any rifle  while  in  the
25    field  during  gun  deer season except as provided in Section
26    2.26 and administrative rules.
27        (ff)  It is unlawful for any person to take  any  species
28    protected by this Act, except migratory waterfowl, during the
29    gun  deer  hunting  season in those counties open to gun deer
30    hunting, unless he or she wears, when in the field, a cap and
31    upper outer garment of a solid blaze orange color, with  such
32    articles  of  clothing  displaying  a  minimum  of 400 square
33    inches of blaze orange material.
34        (gg)  It is unlawful during the upland  game  season  for
 
                            -7-      LRB093 02598 MKM 03447 b
 1    any  person  to  take upland game with a firearm unless he or
 2    she wears, while in the field, a cap of  solid  blaze  orange
 3    color.   For  purposes of this Act, upland game is defined as
 4    Bobwhite Quail, Hungarian  Partridge,  Ring-necked  Pheasant,
 5    Eastern Cottontail and Swamp Rabbit.
 6        (hh)  It shall be unlawful to kill or cripple any species
 7    protected  by  this  Act for which there is a daily bag limit
 8    without making a reasonable effort to retrieve  such  species
 9    and include such in the daily bag limit.
10        (ii)  This  Section  shall  apply  only  to those species
11    protected by this Act taken within the State.  Any species or
12    any parts thereof, legally  taken  in  and  transported  from
13    other states or countries, may be possessed within the State,
14    except  as  provided  in this Section and Sections 2.35, 2.36
15    and 3.21.
16        (jj)  Nothing contained in this  Section  shall  prohibit
17    the  use  of  bow  and  arrow,  or  prevent the Director from
18    issuing permits to use a crossbow to handicapped  persons  as
19    provided   by   administrative   rule.    As   used   herein,
20    "handicapped   persons"   means  those  persons  who  have  a
21    permanent physical  impairment  due  to  injury  or  disease,
22    congenital  or  acquired,  which  renders  them  so  severely
23    disabled  as to be unable to use a conventional bow and arrow
24    device.  Permits will be issued only after the receipt  of  a
25    physician's statement confirming the applicant is handicapped
26    as defined above.
27        (kk)  Nothing  contained  in  this Section shall prohibit
28    the Director from issuing permits to paraplegics or to  other
29    disabled  persons  who  meet  the  requirements  set forth in
30    administrative rule to  shoot  or  hunt  from  a  vehicle  as
31    provided  by  that  rule,  provided that such is otherwise in
32    accord with this Act.
33        (ll)  Nothing contained in this Act  shall  prohibit  the
34    taking of aquatic life protected by the Fish and Aquatic Life
 
                            -8-      LRB093 02598 MKM 03447 b
 1    Code  or birds and mammals protected by this Act, except deer
 2    and fur-bearing mammals,  from  a  boat  not  camouflaged  or
 3    disguised to alter its identity or to further provide a place
 4    of concealment and not propelled by sail or mechanical power.
 5    However,  only  shotguns not larger than 10 gauge nor smaller
 6    than .410 bore loaded with not more than 3 shells of  a  shot
 7    size  no larger than lead BB or steel T (.20 diameter) may be
 8    used to take species protected by this Act.
 9        (mm)  Nothing contained in this Act  shall  prohibit  the
10    use of a shotgun, not larger than 10 gauge nor smaller than a
11    20 gauge, with a rifled barrel.
12        (nn)  It  is  unlawful  for  anyone  holding  a  nuisance
13    wildlife   control   permit   to  drown,  burn,  or  use  any
14    unacceptable  agents,   including   household   products   or
15    solvents,  such as acetone, as a method of euthanasia for any
16    species protected by this Act. Violation of this Section is a
17    Class A misdemeanor for the  first  offense  and  a  Class  4
18    felony for the second offense.
19    (Source:  P.A.  91-654,  eff.  12-15-99; 92-325, eff. 8-9-01;
20    92-651, eff. 7-11-02.)

21        (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
22        Sec. 2.33a.  (a) It is unlawful  to  fail  to  visit  and
23    remove  all animals from traps staked out, set, used, tended,
24    placed or maintained at least once each calendar day.
25        (b)  It is unlawful for any person to place, set, use, or
26    maintain a leghold trap or one  of  similar  construction  on
27    land, that has a jaw spread of larger than 6 1/2 inches (16.6
28    CM),  or  a body-gripping trap or one of similar construction
29    having a jaw spread larger than 7 inches (17.8 CM) on a  side
30    if square and 8 inches (20.4 CM) if round;
31        (c)  It is unlawful for any person to place, set, use, or
32    maintain  a  leghold  trap  or one of similar construction in
33    water, that has a jaw spread of  larger  than  7  1/2  inches
 
                            -9-      LRB093 02598 MKM 03447 b
 1    (19.1  CM),  or  a  body-gripping  trap  or  one  of  similar
 2    construction  having a jaw spread larger than 10 inches (25.4
 3    CM) on a side if square and 12 inches (30.5 CM) if round;
 4        (d)  It is unlawful to use  any  trap  with  saw-toothed,
 5    spiked, or toothed jaws;
 6        (e)  It  is unlawful to destroy, disturb or in any manner
 7    interfere with dams, lodges, burrows or feed beds  of  beaver
 8    while  trapping  for beaver or to set a trap inside a muskrat
 9    house or beaver lodge, except that this shall  not  apply  to
10    Drainage  Districts who are acting pursuant to the provisions
11    of Section 2.37;
12        (f)  It is unlawful to trap beaver with:  (1)  a  leghold
13    trap  or  one  of similar construction having a jaw spread of
14    less than 5 1/2 inches (13.9 CM) or more than  7  1/2  inches
15    (19.1  CM),  or  (2)  a  body-gripping trap or one of similar
16    construction having a jaw spread of less than 7 inches  (17.7
17    CM)  or more than 10 inches (25.4 CM) on a side if square and
18    12 inches (30.5 CM) if round, except that these  restrictions
19    shall not apply during the open season for trapping muskrats;
20        (g)  It  is  unlawful  to  set  traps closer than 10 feet
21    (3.05 M) from any hole or den which may be occupied by a game
22    mammal or fur-bearing mammal  except  that  this  restriction
23    shall not apply to water sets.
24        (h)  It  is  unlawful  to  trap  or  attempt  to trap any
25    fur-bearing mammal with any colony, cage, box, or  stove-pipe
26    trap  designed  to  take  more  than  one  mammal at a single
27    setting.
28        (i)  It is unlawful for any person to set  or  place  any
29    trap  designed  to  take  any fur-bearing mammal protected by
30    this Act during the closed trapping season.  Proof  that  any
31    trap  was  placed  during the closed trapping season shall be
32    deemed prima facie evidence of a violation of this provision.
33        (j)  It is  unlawful  to  place,  set,  or  maintain  any
34    leghold  trap  or  one  of similar construction within thirty
 
                            -10-     LRB093 02598 MKM 03447 b
 1    (30) feet (9.14 m)  of  bait  placed  in  such  a  manner  or
 2    position that it is not completely covered and concealed from
 3    sight,  except  that this shall not apply to underwater sets.
 4    Bait shall mean and include  any  bait  composed  of  mammal,
 5    bird, or fish flesh, fur, hide, entrails or feathers.
 6        (k)  It shall be unlawful for hunters or trappers to have
 7    the  green  hides  of  fur-bearing mammals, protected by this
 8    Act, in their possession except during the  open  season  and
 9    for  an  additional  period  of  10 days succeeding such open
10    season.
11        (l)  It is unlawful for any person to place, set, use, or
12    maintain a snare trap  or  one  of  similar  construction  in
13    water, that has a loop diameter exceeding 15 inches (38.1 CM)
14    or a cable or wire diameter of more than 1/8 inch (3.2 MM) or
15    less  than  5/64  inch  (2.0  MM),  that  is  constructed  of
16    stainless steel metal cable or wire, and that does not have a
17    mechanical lock, anchor swivel and stop device to prevent the
18    mechanical  lock from closing the noose loop to a diameter of
19    less than 2 1/2 inches (6.4 CM).
20    (Source: P.A. 85-152; 86-1354.)

21        (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
22        Sec.  2.37.  Authority   to   euthanize   kill   wildlife
23    responsible  for  damage.  Subject to federal regulations and
24    Section  3  of  the  Illinois  Endangered  Species  Act,  the
25    Department may authorize owners and tenants of lands or their
26    agents to remove or euthanize destroy any wild bird  or  wild
27    mammal  when  the  wild  bird  or  wild mammal is known to be
28    destroying property or causing a  risk  to  human  health  or
29    safety upon his or her land.
30        Upon  receipt  by  the Department of information from the
31    owner, tenant, or sharecropper that any one or  more  species
32    of  wildlife  is  damaging  dams,  levees,  ditches, or other
33    property on  the  land  on  which  he  resides  or  controls,
 
                            -11-     LRB093 02598 MKM 03447 b
 1    together  with a statement regarding location of the property
 2    damages, the  nature  and  extent  of  the  damage,  and  the
 3    particular  species  of  wildlife  committing the damage, the
 4    Department shall make an investigation.
 5        If, after investigation, the Department finds that damage
 6    does exist and can be abated only by removing, releasing,  or
 7    euthanizing  destroying  that  wildlife,  a  permit  shall be
 8    issued by the Department to remove  or  destroy  the  species
 9    responsible  causing  the  damage.  The  species shall be (i)
10    given to a licensed  wildlife  rehabilitator,  (ii)  released
11    on-site,  (iii)  relocated,  or  (iv)  humanely euthanized as
12    defined in Section 1.2y of this Act. Unacceptable methods  of
13    euthanasia   include,   but  are  not  limited  to,  burning,
14    drowning, and other unlawful practices.  Unacceptable  agents
15    include,  but  are  not  limited  to,  household  products or
16    solvents including acetone.
17        A permit to control the damage shall be for a  period  of
18    up  to  90 days, shall specify the means and methods by which
19    and the person or persons by whom the wildlife may be removed
20    or destroyed, and shall set forth the  disposition  procedure
21    to  be  made of all wildlife taken and other restrictions the
22    Director  considers  necessary   and   appropriate   in   the
23    circumstances  of  the particular case.  If humane euthanasia
24    is  the  disposition   Whenever   possible,   the   specimens
25    euthanized  destroyed shall be given to a bona-fide public or
26    State scientific, educational, or zoological institution.
27        The permittee shall advise  the  Department  in  writing,
28    within  10  days  after the expiration date of the permit, of
29    the  number  of  individual  species   of   wildlife   taken,
30    disposition made of them, and any other information which the
31    Department may consider necessary.
32        Subject  to  federal  regulations  and  Section  3 of the
33    Illinois Endangered Species Act, the Department may grant  to
34    an  individual,  corporation,  association  or a governmental
 
                            -12-     LRB093 02598 MKM 03447 b
 1    body the authority to control species protected by this Code.
 2    Any method or agent of euthanasia used must be prescribed  as
 3    acceptable  or  conditionally acceptable in the Report of the
 4    American Veterinary Medical Association Panel  on  Euthanasia
 5    published  in  the Journal of the American Veterinary Medical
 6    Association, March 1, 2001. The Department  shall  set  forth
 7    applicable  regulations  in an Administrative Order and shall
 8    may require periodic reports listing species taken;,  numbers
 9    of  each  species  taken;,  dates  when  taken; address where
10    taken; the nature of the complaint; methods used to alleviate
11    the problem; disposition of all  animals,  including  whether
12    released  on-site,  relocated,  or  euthanized; the method or
13    agent of euthanasia used, if  applicable;  the  name  of  the
14    licensed  wildlife  rehabilitator  used,  if applicable;, and
15    other pertinent information.
16        Drainage Districts shall have the  authority  to  control
17    beaver  provided  that  they  must  notify  the Department in
18    writing that a problem exists and of their intention to  trap
19    the  animals at least 7 days before the trapping begins.  The
20    District must identify traps used in beaver  control  outside
21    the  dates  of  the furbearer trapping season with metal tags
22    with the district's name legibly inscribed upon them.  During
23    the  furtrapping  season,  traps  must   be   identified   as
24    prescribed by law.  Conibear traps at least size 330 shall be
25    used  except  during the statewide furbearer trapping season.
26    During that time trappers may use any device  that  is  legal
27    according  to the Wildlife Code.  Except during the statewide
28    furbearer trapping season, beaver traps must be set in  water
29    at  least  10  inches  deep.   Except  during  the  statewide
30    furbearer  trapping  season, traps must be set within 10 feet
31    of an inhabited bank burrow or house and within 10 feet of  a
32    dam  maintained  by  a  beaver.  No beaver or other furbearer
33    taken outside of the dates for the furbearer trapping  season
34    may  be  sold.   All  animals  must  be  given to the nearest
 
                            -13-     LRB093 02598 MKM 03447 b
 1    conservation officer or other Department of Natural Resources
 2    representative  within  48  hours  after  they  are   caught.
 3    Furbearers  taken  during the fur trapping season may be sold
 4    provided that they  are  taken  by  persons  who  have  valid
 5    trapping licenses in their possession and are lawfully taken.
 6    The District must submit an annual report showing the species
 7    and  numbers  of animals caught. The report must indicate all
 8    species which were taken.
 9    (Source: P.A. 91-654, eff. 12-15-99.)

10        Section 99.  Effective date.  This Act  takes  effect  on
11    January 1, 2004.