99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0490

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.30  from Ch. 61, par. 2.30
520 ILCS 5/2.30b
520 ILCS 5/2.33  from Ch. 61, par. 2.33
520 ILCS 5/2.33a  from Ch. 61, par. 2.33a

    Amends the Wildlife Code. Removes the prohibition on taking bobcats in the State. Provides that it shall be unlawful for any person to trap or to hunt bobcats with gun, dog, dog and gun, or bow and arrow, except during the open season which will be set annually by the Director of Natural Resources between 12:01 a.m., November 1 to 12:00 midnight, February 15, both inclusive. Provides that the season limit for bobcat shall not exceed one bobcat per person per season. Provides that the pelts of bobcats shall be tagged in accordance with federal regulations and the Department of Natural Resources may require harvest registration and set forth procedures, fees for registration, and the process of tagging pelts in administrative rules. Provides that bobcats 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.


LRB099 06607 MGM 26680 b

 

 

A BILL FOR

 

HB0490LRB099 06607 MGM 26680 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.30, 2.30b, 2.33, and 2.33a as follows:
 
6    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
7    Sec. 2.30. It shall be unlawful for any person to trap or
8to hunt with gun, dog, dog and gun, or bow and arrow, gray fox,
9red fox, raccoon, weasel, mink, muskrat, badger, bobcat, and
10opossum except during the open season which will be set
11annually by the Director between 12:01 a.m., November 1 to
1212:00 midnight, February 15, both inclusive.
13    It is unlawful for any person to take bobcat in this State
14at any time.
15    It is unlawful to pursue any fur-bearing mammal with a dog
16or dogs between the hours of sunset and sunrise during the 10
17day period preceding the opening date of the raccoon hunting
18season and the 10 day period following the closing date of the
19raccoon hunting season except that the Department may issue
20field trial permits in accordance with Section 2.34 of this
21Act. A non-resident from a state with more restrictive
22fur-bearer pursuit regulations for any particular species than
23provided for that species in this Act may not pursue that

 

 

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1species in Illinois except during the period of time that
2Illinois residents are allowed to pursue that species in the
3non-resident's state of residence. Hound running areas
4approved by the Department shall be exempt from the provisions
5of this Section.
6    It shall be unlawful to take beaver, river otter, weasel,
7mink, or muskrat except during the open season set annually by
8the Director, and then, only with traps, except that a firearm,
9pistol, or airgun of a caliber not larger than a .22 long rifle
10may be used to remove the animal from the trap.
11    It shall be unlawful for any person to trap beaver or river
12otter with traps except during the open season which will be
13set annually by the Director between 12:01 a.m., November 1st
14and 12:00 midnight, March 31, both inclusive.
15    Coyote may be taken by trapping methods only during the
16period from September 1 to March 1, both inclusive, and by
17hunting methods at any time.
18    Striped skunk may be taken by trapping methods only during
19the period from September 1 to March 1, both inclusive, and by
20hunting methods at any time.
21    Muskrat may be taken by trapping methods during an open
22season set annually by the Director.
23    For the purpose of taking fur-bearing mammals, the State
24may be divided into management zones by administrative rule.
25    It shall be unlawful to take or possess more than the
26season limit or possession limit of fur-bearing mammals that

 

 

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1shall be set annually by the Director. The season limit for
2river otter shall not exceed 5 river otters per person per
3season. The season limit for bobcat shall not exceed one bobcat
4per permit. Possession limits shall not apply to fur buyers,
5tanners, manufacturers, and taxidermists, as defined by this
6Act, who possess fur-bearing mammals in accordance with laws
7governing such activities.
8    Nothing in this Section shall prohibit the taking or
9possessing of fur-bearing mammals found dead or
10unintentionally killed by a vehicle along a roadway during the
11open season provided the person who possesses such fur-bearing
12mammals has all appropriate licenses, stamps, or permits; the
13season for which the species possessed is open; and that such
14possession and disposal of such fur-bearing mammals is
15otherwise subject to the provisions of this Section.
16    The provisions of this Section are subject to modification
17by administrative rule.
18(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-628,
19eff. 11-10-11; 98-463, eff. 8-16-13; 98-924, eff. 8-15-14.)
 
20    (520 ILCS 5/2.30b)
21    Sec. 2.30b. River otter and bobcat pelts. The pelts of
22river otters and bobcats shall be tagged in accordance with
23federal regulation 50 CFR 23.69(e). The Department may require
24harvest registration and set forth procedures, fees for
25registration, and the process of tagging pelts in

 

 

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1administrative rules. Fees for registration and tagging shall
2not exceed $5 per pelt.
3(Source: P.A. 97-31, eff. 6-28-11.)
 
4    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
5    Sec. 2.33. Prohibitions.
6    (a) It is unlawful to carry or possess any gun in any State
7refuge unless otherwise permitted by administrative rule.
8    (b) It is unlawful to use or possess any snare or
9snare-like device, deadfall, net, or pit trap to take any
10species, except that snares not powered by springs or other
11mechanical devices may be used to trap fur-bearing mammals, in
12water sets only, if at least one-half of the snare noose is
13located underwater at all times.
14    (c) It is unlawful for any person at any time to take a
15wild mammal protected by this Act from its den by means of any
16mechanical device, spade, or digging device or to use smoke or
17other gases to dislodge or remove such mammal except as
18provided in Section 2.37.
19    (d) It is unlawful to use a ferret or any other small
20mammal which is used in the same or similar manner for which
21ferrets are used for the purpose of frightening or driving any
22mammals from their dens or hiding places.
23    (e) (Blank).
24    (f) It is unlawful to use spears, gigs, hooks or any like
25device to take any species protected by this Act.

 

 

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1    (g) It is unlawful to use poisons, chemicals or explosives
2for the purpose of taking any species protected by this Act.
3    (h) It is unlawful to hunt adjacent to or near any peat,
4grass, brush or other inflammable substance when it is burning.
5    (i) It is unlawful to take, pursue or intentionally harass
6or disturb in any manner any wild birds or mammals by use or
7aid of any vehicle or conveyance, except as permitted by the
8Code of Federal Regulations for the taking of waterfowl. It is
9also unlawful to use the lights of any vehicle or conveyance or
10any light from or any light connected to the vehicle or
11conveyance in any area where wildlife may be found except in
12accordance with Section 2.37 of this Act; however, nothing in
13this Section shall prohibit the normal use of headlamps for the
14purpose of driving upon a roadway. Striped skunk, opossum, red
15fox, gray fox, raccoon, bobcat, and coyote may be taken during
16the open season by use of a small light which is worn on the
17body or hand-held by a person on foot and not in any vehicle.
18    (j) It is unlawful to use any shotgun larger than 10 gauge
19while taking or attempting to take any of the species protected
20by this Act.
21    (k) It is unlawful to use or possess in the field any
22shotgun shell loaded with a shot size larger than lead BB or
23steel T (.20 diameter) when taking or attempting to take any
24species of wild game mammals (excluding white-tailed deer),
25wild game birds, migratory waterfowl or migratory game birds
26protected by this Act, except white-tailed deer as provided for

 

 

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1in Section 2.26 and other species as provided for by subsection
2(l) or administrative rule.
3    (l) It is unlawful to take any species of wild game, except
4white-tailed deer and fur-bearing mammals, with a shotgun
5loaded with slugs unless otherwise provided for by
6administrative rule.
7    (m) It is unlawful to use any shotgun capable of holding
8more than 3 shells in the magazine or chamber combined, except
9on game breeding and hunting preserve areas licensed under
10Section 3.27 and except as permitted by the Code of Federal
11Regulations for the taking of waterfowl. If the shotgun is
12capable of holding more than 3 shells, it shall, while being
13used on an area other than a game breeding and shooting
14preserve area licensed pursuant to Section 3.27, be fitted with
15a one piece plug that is irremovable without dismantling the
16shotgun or otherwise altered to render it incapable of holding
17more than 3 shells in the magazine and chamber, combined.
18    (n) It is unlawful for any person, except persons who
19possess a permit to hunt from a vehicle as provided in this
20Section and persons otherwise permitted by law, to have or
21carry any gun in or on any vehicle, conveyance or aircraft,
22unless such gun is unloaded and enclosed in a case, except that
23at field trials authorized by Section 2.34 of this Act,
24unloaded guns or guns loaded with blank cartridges only, may be
25carried on horseback while not contained in a case, or to have
26or carry any bow or arrow device in or on any vehicle unless

 

 

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1such bow or arrow device is unstrung or enclosed in a case, or
2otherwise made inoperable.
3    (o) It is unlawful to use any crossbow for the purpose of
4taking any wild birds or mammals, except as provided for in
5Section 2.5.
6    (p) It is unlawful to take game birds, migratory game birds
7or migratory waterfowl with a rifle, pistol, revolver or
8airgun.
9    (q) It is unlawful to fire a rifle, pistol, revolver or
10airgun on, over or into any waters of this State, including
11frozen waters.
12    (r) It is unlawful to discharge any gun or bow and arrow
13device along, upon, across, or from any public right-of-way or
14highway in this State.
15    (s) It is unlawful to use a silencer or other device to
16muffle or mute the sound of the explosion or report resulting
17from the firing of any gun.
18    (t) It is unlawful for any person to take or attempt to
19take any species of wildlife or parts thereof, intentionally or
20wantonly allow a dog to hunt, within or upon the land of
21another, or upon waters flowing over or standing on the land of
22another, or to knowingly shoot a gun or bow and arrow device at
23any wildlife physically on or flying over the property of
24another without first obtaining permission from the owner or
25the owner's designee. For the purposes of this Section, the
26owner's designee means anyone who the owner designates in a

 

 

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1written authorization and the authorization must contain (i)
2the legal or common description of property for such authority
3is given, (ii) the extent that the owner's designee is
4authorized to make decisions regarding who is allowed to take
5or attempt to take any species of wildlife or parts thereof,
6and (iii) the owner's notarized signature. Before enforcing
7this Section the law enforcement officer must have received
8notice from the owner or the owner's designee of a violation of
9this Section. Statements made to the law enforcement officer
10regarding this notice shall not be rendered inadmissible by the
11hearsay rule when offered for the purpose of showing the
12required notice.
13    (u) It is unlawful for any person to discharge any firearm
14for the purpose of taking any of the species protected by this
15Act, or hunt with gun or dog, or intentionally or wantonly
16allow a dog to hunt, within 300 yards of an inhabited dwelling
17without first obtaining permission from the owner or tenant,
18except that while trapping, hunting with bow and arrow, hunting
19with dog and shotgun using shot shells only, or hunting with
20shotgun using shot shells only, or providing outfitting
21services under a waterfowl outfitter permit, or on licensed
22game breeding and hunting preserve areas, as defined in Section
233.27, on federally owned and managed lands and on Department
24owned, managed, leased, or controlled lands, a 100 yard
25restriction shall apply.
26    (v) It is unlawful for any person to remove fur-bearing

 

 

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1mammals from, or to move or disturb in any manner, the traps
2owned by another person without written authorization of the
3owner to do so.
4    (w) It is unlawful for any owner of a dog to knowingly or
5wantonly allow his or her dog to pursue, harass or kill deer,
6except that nothing in this Section shall prohibit the tracking
7of wounded deer with a dog in accordance with the provisions of
8Section 2.26 of this Code.
9    (x) It is unlawful for any person to wantonly or carelessly
10injure or destroy, in any manner whatsoever, any real or
11personal property on the land of another while engaged in
12hunting or trapping thereon.
13    (y) It is unlawful to hunt wild game protected by this Act
14between one half hour after sunset and one half hour before
15sunrise, except that hunting hours between one half hour after
16sunset and one half hour before sunrise may be established by
17administrative rule for fur-bearing mammals.
18    (z) It is unlawful to take any game bird (excluding wild
19turkeys and crippled pheasants not capable of normal flight and
20otherwise irretrievable) protected by this Act when not flying.
21Nothing in this Section shall prohibit a person from carrying
22an uncased, unloaded shotgun in a boat, while in pursuit of a
23crippled migratory waterfowl that is incapable of normal
24flight, for the purpose of attempting to reduce the migratory
25waterfowl to possession, provided that the attempt is made
26immediately upon downing the migratory waterfowl and is done

 

 

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1within 400 yards of the blind from which the migratory
2waterfowl was downed. This exception shall apply only to
3migratory game birds that are not capable of normal flight.
4Migratory waterfowl that are crippled may be taken only with a
5shotgun as regulated by subsection (j) of this Section using
6shotgun shells as regulated in subsection (k) of this Section.
7    (aa) It is unlawful to use or possess any device that may
8be used for tree climbing or cutting, while hunting fur-bearing
9mammals, excluding coyotes.
10    (bb) It is unlawful for any person, except licensed game
11breeders, pursuant to Section 2.29 to import, carry into, or
12possess alive in this State any species of wildlife taken
13outside of this State, without obtaining permission to do so
14from the Director.
15    (cc) It is unlawful for any person to have in his or her
16possession any freshly killed species protected by this Act
17during the season closed for taking.
18    (dd) It is unlawful to take any species protected by this
19Act and retain it alive except as provided by administrative
20rule.
21    (ee) It is unlawful to possess any rifle while in the field
22during gun deer season except as provided in Section 2.26 and
23administrative rules.
24    (ff) It is unlawful for any person to take any species
25protected by this Act, except migratory waterfowl, during the
26gun deer hunting season in those counties open to gun deer

 

 

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1hunting, unless he or she wears, when in the field, a cap and
2upper outer garment of a solid blaze orange color, with such
3articles of clothing displaying a minimum of 400 square inches
4of blaze orange material.
5    (gg) It is unlawful during the upland game season for any
6person to take upland game with a firearm unless he or she
7wears, while in the field, a cap of solid blaze orange color.
8For purposes of this Act, upland game is defined as Bobwhite
9Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
10Cottontail and Swamp Rabbit.
11    (hh) It shall be unlawful to kill or cripple any species
12protected by this Act for which there is a bag limit without
13making a reasonable effort to retrieve such species and include
14such in the bag limit. It shall be unlawful for any person
15having control over harvested game mammals, game birds, or
16migratory game birds for which there is a bag limit to wantonly
17waste or destroy the usable meat of the game, except this shall
18not apply to wildlife taken under Sections 2.37 or 3.22 of this
19Code. For purposes of this subsection, "usable meat" means the
20breast meat of a game bird or migratory game bird and the hind
21ham and front shoulders of a game mammal. It shall be unlawful
22for any person to place, leave, dump, or abandon a wildlife
23carcass or parts of it along or upon a public right-of-way or
24highway or on public or private property, including a waterway
25or stream, without the permission of the owner or tenant. It
26shall not be unlawful to discard game meat that is determined

 

 

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1to be unfit for human consumption.
2    (ii) This Section shall apply only to those species
3protected by this Act taken within the State. Any species or
4any parts thereof, legally taken in and transported from other
5states or countries, may be possessed within the State, except
6as provided in this Section and Sections 2.35, 2.36 and 3.21.
7    (jj) (Blank).
8    (kk) Nothing contained in this Section shall prohibit the
9Director from issuing permits to paraplegics or to other
10disabled persons who meet the requirements set forth in
11administrative rule to shoot or hunt from a vehicle as provided
12by that rule, provided that such is otherwise in accord with
13this Act.
14    (ll) Nothing contained in this Act shall prohibit the
15taking of aquatic life protected by the Fish and Aquatic Life
16Code or birds and mammals protected by this Act, except deer
17and fur-bearing mammals, from a boat not camouflaged or
18disguised to alter its identity or to further provide a place
19of concealment and not propelled by sail or mechanical power.
20However, only shotguns not larger than 10 gauge nor smaller
21than .410 bore loaded with not more than 3 shells of a shot
22size no larger than lead BB or steel T (.20 diameter) may be
23used to take species protected by this Act.
24    (mm) Nothing contained in this Act shall prohibit the use
25of a shotgun, not larger than 10 gauge nor smaller than a 20
26gauge, with a rifled barrel.

 

 

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1    (nn) It shall be unlawful to possess any species of
2wildlife or wildlife parts taken unlawfully in Illinois, any
3other state, or any other country, whether or not the wildlife
4or wildlife parts is indigenous to Illinois. For the purposes
5of this subsection, the statute of limitations for unlawful
6possession of wildlife or wildlife parts shall not cease until
72 years after the possession has permanently ended.
8(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
998-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
1098-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.
111-1-15.)
 
12    (520 ILCS 5/2.33a)  (from Ch. 61, par. 2.33a)
13    Sec. 2.33a. Trapping.
14    (a) It is unlawful to fail to visit and remove all animals
15from traps staked out, set, used, tended, placed or maintained
16at least once each calendar day.
17    (b) It is unlawful for any person to place, set, use, or
18maintain a leghold trap or one of similar construction on land,
19that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
20a body-gripping trap or one of similar construction having a
21jaw spread larger than 7 inches (17.8 CM) on a side if square
22and 8 inches (20.4 CM) if round.
23    (c) It is unlawful for any person to place, set, use, or
24maintain a leghold trap or one of similar construction in
25water, that has a jaw spread of larger than 7 1/2 inches (19.1

 

 

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1CM), or a body-gripping trap or one of similar construction
2having a jaw spread larger than 10 inches (25.4 CM) on a side
3if square and 12 inches (30.5 CM) if round.
4    (d) It is unlawful to use any trap with saw-toothed,
5spiked, or toothed jaws.
6    (e) It is unlawful to destroy, disturb or in any manner
7interfere with dams, lodges, burrows or feed beds of beaver
8while trapping for beaver or to set a trap inside a muskrat
9house or beaver lodge, except that this shall not apply to
10Drainage Districts who are acting pursuant to the provisions of
11Section 2.37.
12    (f) It is unlawful to trap beaver or river otter with: (1)
13a leghold trap or one of similar construction having a jaw
14spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
15inches (19.1 CM), or (2) a body-gripping trap or one of similar
16construction having a jaw spread of less than 7 inches (17.7
17CM) or more than 10 inches (25.4 CM) on a side if square and 12
18inches (30.5 CM) if round, except that these restrictions shall
19not apply during the open season for trapping raccoons.
20    (g) It is unlawful to set traps closer than 10 feet (3.05
21M) from any hole or den which may be occupied by a game mammal
22or fur-bearing mammal except that this restriction shall not
23apply to water sets.
24    (h) It is unlawful to trap or attempt to trap any
25fur-bearing mammal with any colony, cage, box, or stove-pipe
26trap designed to take more than one mammal at a single setting.

 

 

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1    (i) It is unlawful for any person to set or place any trap
2designed to take any fur-bearing mammal protected by this Act
3during the closed trapping season. Proof that any trap was
4placed during the closed trapping season shall be deemed prima
5facie evidence of a violation of this provision.
6    (j) It is unlawful to place, set, or maintain any leghold
7trap or one of similar construction within thirty (30) feet
8(9.14 m) of bait placed in such a manner or position that it is
9not completely covered and concealed from sight, except that
10this shall not apply to underwater sets. Bait shall mean and
11include any bait composed of mammal, bird, or fish flesh, fur,
12hide, entrails or feathers.
13    (k) (Blank). It shall be unlawful for hunters or trappers
14to have the green hides of fur-bearing mammals, protected by
15this Act, in their possession except during the open season and
16for an additional period of 10 days succeeding such open
17season.
18    (l) It is unlawful for any person to place, set, use or
19maintain a snare trap or one of similar construction in water,
20that has a loop diameter exceeding 15 inches (38.1 CM) or a
21cable or wire diameter of more than 1/8 inch (3.2 MM) or less
22than 5/64 inch (2.0 MM), that is constructed of stainless steel
23metal cable or wire, and that does not have a mechanical lock,
24anchor swivel and stop device to prevent the mechanical lock
25from closing the noose loop to a diameter of less than 2 1/2
26inches (6.4 CM).

 

 

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1    (m) It is unlawful to trap muskrat or mink with (1) a
2leghold trap or one of similar construction or (2) a
3body-gripping trap or one of similar construction unless the
4body-gripping trap or similar trap is completely submerged
5underwater when set. These restrictions shall not apply during
6the open season for trapping raccoons.
7(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-813,
8eff. 7-13-12.)