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Full Text of SB1704  97th General Assembly

SB1704 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1704

 

Introduced 2/9/2011, by Sen. Dan Duffy

 

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

    Amends the Wildlife Code. Makes it unlawful to place, set, or maintain a body-gripping trap (other than an underwater set) within 30 feet of bait that is not completely covered and concealed from sight and (ii) to place, set, use, or maintain certain types of traps within one-quarter mile of a residence, school, picnic area, playground, beach, campground, road, highway, public trail, golf course, or parking lot. Exempts certain government employees as well as their duly authorized agents from the latter of these prohibitions if certain conditions are met. Redefines the term "bait" to include certain types of oils. Effective July 1, 2011.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Section
52.33a as follows:
 
6    (520 ILCS 5/2.33a)  (from Ch. 61, par. 2.33a)
7    Sec. 2.33a. (a) It is unlawful to fail to visit and remove
8all animals from traps staked out, set, used, tended, placed or
9maintained at least once each calendar day.
10    (b) It is unlawful for any person to place, set, use, or
11maintain a leghold trap or one of similar construction on land,
12that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
13a body-gripping trap or one of similar construction having a
14jaw spread larger than 7 inches (17.8 CM) on a side if square
15and 8 inches (20.4 CM) if round;
16    (c) It is unlawful for any person to place, set, use, or
17maintain a leghold trap or one of similar construction in
18water, that has a jaw spread of larger than 7 1/2 inches (19.1
19CM), or a body-gripping trap or one of similar construction
20having a jaw spread larger than 10 inches (25.4 CM) on a side
21if square and 12 inches (30.5 CM) if round;
22    (d) It is unlawful to use any trap with saw-toothed,
23spiked, or toothed jaws;

 

 

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1    (e) It is unlawful to destroy, disturb or in any manner
2interfere with dams, lodges, burrows or feed beds of beaver
3while trapping for beaver or to set a trap inside a muskrat
4house or beaver lodge, except that this shall not apply to
5Drainage Districts who are acting pursuant to the provisions of
6Section 2.37;
7    (f) It is unlawful to trap beaver with: (1) a leghold trap
8or one of similar construction having a jaw spread of less than
95 1/2 inches (13.9 CM) or more than 7 1/2 inches (19.1 CM), or
10(2) a body-gripping trap or one of similar construction having
11a jaw spread of less than 7 inches (17.7 CM) or more than 10
12inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if
13round, except that these restrictions shall not apply during
14the open season for trapping muskrats;
15    (g) It is unlawful to set traps closer than 10 feet (3.05
16M) from any hole or den which may be occupied by a game mammal
17or fur-bearing mammal except that this restriction shall not
18apply to water sets.
19    (h) It is unlawful to trap or attempt to trap any
20fur-bearing mammal with any colony, cage, box, or stove-pipe
21trap designed to take more than one mammal at a single setting.
22    (i) It is unlawful for any person to set or place any trap
23designed to take any fur-bearing mammal protected by this Act
24during the closed trapping season. Proof that any trap was
25placed during the closed trapping season shall be deemed prima
26facie evidence of a violation of this provision.

 

 

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1    (j) It is unlawful to place, set, or maintain any leghold
2or body-gripping trap or one of similar construction within
3thirty (30) feet (9.14 m) of bait placed in such a manner or
4position that it is not completely covered and concealed from
5sight, except that this shall not apply to underwater sets.
6Bait shall mean and include any bait composed of mammal, bird,
7or fish oils, flesh, fur, hide, entrails, or feathers.
8    (k) It shall be unlawful for hunters or trappers to have
9the green hides of fur-bearing mammals, protected by this Act,
10in their possession except during the open season and for an
11additional period of 10 days succeeding such open season.
12    (l) It is unlawful for any person to place, set, use or
13maintain a snare trap or one of similar construction in water,
14that has a loop diameter exceeding 15 inches (38.1 CM) or a
15cable or wire diameter of more than 1/8 inch (3.2 MM) or less
16than 5/64 inch (2.0 MM), that is constructed of stainless steel
17metal cable or wire, and that does not have a mechanical lock,
18anchor swivel and stop device to prevent the mechanical lock
19from closing the noose loop to a diameter of less than 2 1/2
20inches (6.4 CM).
21    (m) It is unlawful to place, set, use, or maintain a
22body-crushing conibear kill-type trap, a leg-hold trap, or a
23trap of similar construction to either of those traps within
24one-quarter mile of a residence, school, picnic area,
25playground, beach, campground, road, highway, public trail,
26golf course, or parking lot. However, it is not unlawful for

 

 

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1federal, State, county, or municipal government employees
2acting in the course of their employment or duly authorized
3agents of those persons to engage in these activities if doing
4so is the only method available to protect public health and
5safety.
6(Source: P.A. 85-152; 86-1354.)
 
7    Section 99. Effective date. This Act takes effect July 1,
82011.