Illinois General Assembly - Full Text of HB0352
Illinois General Assembly

Previous General Assemblies

Full Text of HB0352  99th General Assembly

HB0352enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB0352 EnrolledLRB099 05662 RJF 25702 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 and by adding Section
62.30c as follows:
 
7    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
8    Sec. 2.30. It shall be unlawful for any person to trap or
9to hunt with gun, dog, dog and gun, or bow and arrow, gray fox,
10red fox, raccoon, weasel, mink, muskrat, badger, bobcat, and
11opossum except during the open season which will be set
12annually by the Director between 12:01 a.m., November 1 to
1312:00 midnight, February 15, both inclusive.
14    It is unlawful for any person to take bobcat in this State
15at any time.
16    It is unlawful to pursue any fur-bearing mammal with a dog
17or dogs between the hours of sunset and sunrise during the 10
18day period preceding the opening date of the raccoon hunting
19season and the 10 day period following the closing date of the
20raccoon hunting season except that the Department may issue
21field trial permits in accordance with Section 2.34 of this
22Act. A non-resident from a state with more restrictive
23fur-bearer pursuit regulations for any particular species than

 

 

HB0352 Enrolled- 2 -LRB099 05662 RJF 25702 b

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

 

 

HB0352 Enrolled- 3 -LRB099 05662 RJF 25702 b

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

 

 

HB0352 Enrolled- 4 -LRB099 05662 RJF 25702 b

1registration, and the process of tagging pelts in
2administrative rules. Fees for registration and tagging shall
3not exceed $5 per pelt.
4(Source: P.A. 97-31, eff. 6-28-11.)
 
5    (520 ILCS 5/2.30c new)
6    Sec. 2.30c. Bobcat hunting and trapping permit; fee. Before
7any person may lawfully hunt or trap a bobcat, he or she shall
8first obtain a "Bobcat Hunting and Trapping Permit" in
9accordance with regulations set forth in an administrative rule
10of the Department. The fee for a Bobcat Hunting and Trapping
11Permit, if any, shall not exceed $5. The Department may limit
12the number of Bobcat Hunting and Trapping Permits that are made
13available each season and take other actions to regulate
14harvest in accordance with Sections 1.3 and 2.30 of this Act.
15The harvest of bobcats in this State shall be non-detrimental,
16as defined by federal regulations (50 CFR 23.61), and as
17determined by the United States Fish and Wildlife Service in
18accordance with 50 CFR 23.69.
 
19    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
20    Sec. 2.33. Prohibitions.
21    (a) It is unlawful to carry or possess any gun in any State
22refuge unless otherwise permitted by administrative rule.
23    (b) It is unlawful to use or possess any snare or
24snare-like device, deadfall, net, or pit trap to take any

 

 

HB0352 Enrolled- 5 -LRB099 05662 RJF 25702 b

1species, except that snares not powered by springs or other
2mechanical devices may be used to trap fur-bearing mammals, in
3water sets only, if at least one-half of the snare noose is
4located underwater at all times.
5    (c) It is unlawful for any person at any time to take a
6wild mammal protected by this Act from its den by means of any
7mechanical device, spade, or digging device or to use smoke or
8other gases to dislodge or remove such mammal except as
9provided in Section 2.37.
10    (d) It is unlawful to use a ferret or any other small
11mammal which is used in the same or similar manner for which
12ferrets are used for the purpose of frightening or driving any
13mammals from their dens or hiding places.
14    (e) (Blank).
15    (f) It is unlawful to use spears, gigs, hooks or any like
16device to take any species protected by this Act.
17    (g) It is unlawful to use poisons, chemicals or explosives
18for the purpose of taking any species protected by this Act.
19    (h) It is unlawful to hunt adjacent to or near any peat,
20grass, brush or other inflammable substance when it is burning.
21    (i) It is unlawful to take, pursue or intentionally harass
22or disturb in any manner any wild birds or mammals by use or
23aid of any vehicle or conveyance, except as permitted by the
24Code of Federal Regulations for the taking of waterfowl. It is
25also unlawful to use the lights of any vehicle or conveyance or
26any light from or any light connected to the vehicle or

 

 

HB0352 Enrolled- 6 -LRB099 05662 RJF 25702 b

1conveyance in any area where wildlife may be found except in
2accordance with Section 2.37 of this Act; however, nothing in
3this Section shall prohibit the normal use of headlamps for the
4purpose of driving upon a roadway. Striped skunk, opossum, red
5fox, gray fox, raccoon, bobcat, and coyote may be taken during
6the open season by use of a small light which is worn on the
7body or hand-held by a person on foot and not in any vehicle.
8    (j) It is unlawful to use any shotgun larger than 10 gauge
9while taking or attempting to take any of the species protected
10by this Act.
11    (k) It is unlawful to use or possess in the field any
12shotgun shell loaded with a shot size larger than lead BB or
13steel T (.20 diameter) when taking or attempting to take any
14species of wild game mammals (excluding white-tailed deer),
15wild game birds, migratory waterfowl or migratory game birds
16protected by this Act, except white-tailed deer as provided for
17in Section 2.26 and other species as provided for by subsection
18(l) or administrative rule.
19    (l) It is unlawful to take any species of wild game, except
20white-tailed deer and fur-bearing mammals, with a shotgun
21loaded with slugs unless otherwise provided for by
22administrative rule.
23    (m) It is unlawful to use any shotgun capable of holding
24more than 3 shells in the magazine or chamber combined, except
25on game breeding and hunting preserve areas licensed under
26Section 3.27 and except as permitted by the Code of Federal

 

 

HB0352 Enrolled- 7 -LRB099 05662 RJF 25702 b

1Regulations for the taking of waterfowl. If the shotgun is
2capable of holding more than 3 shells, it shall, while being
3used on an area other than a game breeding and shooting
4preserve area licensed pursuant to Section 3.27, be fitted with
5a one piece plug that is irremovable without dismantling the
6shotgun or otherwise altered to render it incapable of holding
7more than 3 shells in the magazine and chamber, combined.
8    (n) It is unlawful for any person, except persons who
9possess a permit to hunt from a vehicle as provided in this
10Section and persons otherwise permitted by law, to have or
11carry any gun in or on any vehicle, conveyance or aircraft,
12unless such gun is unloaded and enclosed in a case, except that
13at field trials authorized by Section 2.34 of this Act,
14unloaded guns or guns loaded with blank cartridges only, may be
15carried on horseback while not contained in a case, or to have
16or carry any bow or arrow device in or on any vehicle unless
17such bow or arrow device is unstrung or enclosed in a case, or
18otherwise made inoperable.
19    (o) It is unlawful to use any crossbow for the purpose of
20taking any wild birds or mammals, except as provided for in
21Section 2.5.
22    (p) It is unlawful to take game birds, migratory game birds
23or migratory waterfowl with a rifle, pistol, revolver or
24airgun.
25    (q) It is unlawful to fire a rifle, pistol, revolver or
26airgun on, over or into any waters of this State, including

 

 

HB0352 Enrolled- 8 -LRB099 05662 RJF 25702 b

1frozen waters.
2    (r) It is unlawful to discharge any gun or bow and arrow
3device along, upon, across, or from any public right-of-way or
4highway in this State.
5    (s) It is unlawful to use a silencer or other device to
6muffle or mute the sound of the explosion or report resulting
7from the firing of any gun.
8    (t) It is unlawful for any person to take or attempt to
9take any species of wildlife or parts thereof, intentionally or
10wantonly allow a dog to hunt, within or upon the land of
11another, or upon waters flowing over or standing on the land of
12another, or to knowingly shoot a gun or bow and arrow device at
13any wildlife physically on or flying over the property of
14another without first obtaining permission from the owner or
15the owner's designee. For the purposes of this Section, the
16owner's designee means anyone who the owner designates in a
17written authorization and the authorization must contain (i)
18the legal or common description of property for such authority
19is given, (ii) the extent that the owner's designee is
20authorized to make decisions regarding who is allowed to take
21or attempt to take any species of wildlife or parts thereof,
22and (iii) the owner's notarized signature. Before enforcing
23this Section the law enforcement officer must have received
24notice from the owner or the owner's designee of a violation of
25this Section. Statements made to the law enforcement officer
26regarding this notice shall not be rendered inadmissible by the

 

 

HB0352 Enrolled- 9 -LRB099 05662 RJF 25702 b

1hearsay rule when offered for the purpose of showing the
2required notice.
3    (u) It is unlawful for any person to discharge any firearm
4for the purpose of taking any of the species protected by this
5Act, or hunt with gun or dog, or intentionally or wantonly
6allow a dog to hunt, within 300 yards of an inhabited dwelling
7without first obtaining permission from the owner or tenant,
8except that while trapping, hunting with bow and arrow, hunting
9with dog and shotgun using shot shells only, or hunting with
10shotgun using shot shells only, or providing outfitting
11services under a waterfowl outfitter permit, or on licensed
12game breeding and hunting preserve areas, as defined in Section
133.27, on federally owned and managed lands and on Department
14owned, managed, leased, or controlled lands, a 100 yard
15restriction shall apply.
16    (v) It is unlawful for any person to remove fur-bearing
17mammals from, or to move or disturb in any manner, the traps
18owned by another person without written authorization of the
19owner to do so.
20    (w) It is unlawful for any owner of a dog to knowingly or
21wantonly allow his or her dog to pursue, harass or kill deer,
22except that nothing in this Section shall prohibit the tracking
23of wounded deer with a dog in accordance with the provisions of
24Section 2.26 of this Code.
25    (x) It is unlawful for any person to wantonly or carelessly
26injure or destroy, in any manner whatsoever, any real or

 

 

HB0352 Enrolled- 10 -LRB099 05662 RJF 25702 b

1personal property on the land of another while engaged in
2hunting or trapping thereon.
3    (y) It is unlawful to hunt wild game protected by this Act
4between one half hour after sunset and one half hour before
5sunrise, except that hunting hours between one half hour after
6sunset and one half hour before sunrise may be established by
7administrative rule for fur-bearing mammals.
8    (z) It is unlawful to take any game bird (excluding wild
9turkeys and crippled pheasants not capable of normal flight and
10otherwise irretrievable) protected by this Act when not flying.
11Nothing in this Section shall prohibit a person from carrying
12an uncased, unloaded shotgun in a boat, while in pursuit of a
13crippled migratory waterfowl that is incapable of normal
14flight, for the purpose of attempting to reduce the migratory
15waterfowl to possession, provided that the attempt is made
16immediately upon downing the migratory waterfowl and is done
17within 400 yards of the blind from which the migratory
18waterfowl was downed. This exception shall apply only to
19migratory game birds that are not capable of normal flight.
20Migratory waterfowl that are crippled may be taken only with a
21shotgun as regulated by subsection (j) of this Section using
22shotgun shells as regulated in subsection (k) of this Section.
23    (aa) It is unlawful to use or possess any device that may
24be used for tree climbing or cutting, while hunting fur-bearing
25mammals, excluding coyotes.
26    (bb) It is unlawful for any person, except licensed game

 

 

HB0352 Enrolled- 11 -LRB099 05662 RJF 25702 b

1breeders, pursuant to Section 2.29 to import, carry into, or
2possess alive in this State any species of wildlife taken
3outside of this State, without obtaining permission to do so
4from the Director.
5    (cc) It is unlawful for any person to have in his or her
6possession any freshly killed species protected by this Act
7during the season closed for taking.
8    (dd) It is unlawful to take any species protected by this
9Act and retain it alive except as provided by administrative
10rule.
11    (ee) It is unlawful to possess any rifle while in the field
12during gun deer season except as provided in Section 2.26 and
13administrative rules.
14    (ff) It is unlawful for any person to take any species
15protected by this Act, except migratory waterfowl, during the
16gun deer hunting season in those counties open to gun deer
17hunting, unless he or she wears, when in the field, a cap and
18upper outer garment of a solid blaze orange color, with such
19articles of clothing displaying a minimum of 400 square inches
20of blaze orange material.
21    (gg) It is unlawful during the upland game season for any
22person to take upland game with a firearm unless he or she
23wears, while in the field, a cap of solid blaze orange color.
24For purposes of this Act, upland game is defined as Bobwhite
25Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
26Cottontail and Swamp Rabbit.

 

 

HB0352 Enrolled- 12 -LRB099 05662 RJF 25702 b

1    (hh) It shall be unlawful to kill or cripple any species
2protected by this Act for which there is a bag limit without
3making a reasonable effort to retrieve such species and include
4such in the bag limit. It shall be unlawful for any person
5having control over harvested game mammals, game birds, or
6migratory game birds for which there is a bag limit to wantonly
7waste or destroy the usable meat of the game, except this shall
8not apply to wildlife taken under Sections 2.37 or 3.22 of this
9Code. For purposes of this subsection, "usable meat" means the
10breast meat of a game bird or migratory game bird and the hind
11ham and front shoulders of a game mammal. It shall be unlawful
12for any person to place, leave, dump, or abandon a wildlife
13carcass or parts of it along or upon a public right-of-way or
14highway or on public or private property, including a waterway
15or stream, without the permission of the owner or tenant. It
16shall not be unlawful to discard game meat that is determined
17to be unfit for human consumption.
18    (ii) This Section shall apply only to those species
19protected by this Act taken within the State. Any species or
20any parts thereof, legally taken in and transported from other
21states or countries, may be possessed within the State, except
22as provided in this Section and Sections 2.35, 2.36 and 3.21.
23    (jj) (Blank).
24    (kk) Nothing contained in this Section shall prohibit the
25Director from issuing permits to paraplegics or to other
26disabled persons who meet the requirements set forth in

 

 

HB0352 Enrolled- 13 -LRB099 05662 RJF 25702 b

1administrative rule to shoot or hunt from a vehicle as provided
2by that rule, provided that such is otherwise in accord with
3this Act.
4    (ll) Nothing contained in this Act shall prohibit the
5taking of aquatic life protected by the Fish and Aquatic Life
6Code or birds and mammals protected by this Act, except deer
7and fur-bearing mammals, from a boat not camouflaged or
8disguised to alter its identity or to further provide a place
9of concealment and not propelled by sail or mechanical power.
10However, only shotguns not larger than 10 gauge nor smaller
11than .410 bore loaded with not more than 3 shells of a shot
12size no larger than lead BB or steel T (.20 diameter) may be
13used to take species protected by this Act.
14    (mm) Nothing contained in this Act shall prohibit the use
15of a shotgun, not larger than 10 gauge nor smaller than a 20
16gauge, with a rifled barrel.
17    (nn) It shall be unlawful to possess any species of
18wildlife or wildlife parts taken unlawfully in Illinois, any
19other state, or any other country, whether or not the wildlife
20or wildlife parts is indigenous to Illinois. For the purposes
21of this subsection, the statute of limitations for unlawful
22possession of wildlife or wildlife parts shall not cease until
232 years after the possession has permanently ended.
24(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
2598-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
2698-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.

 

 

HB0352 Enrolled- 14 -LRB099 05662 RJF 25702 b

11-1-15.)
 
2    (520 ILCS 5/2.33a)  (from Ch. 61, par. 2.33a)
3    Sec. 2.33a. Trapping.
4    (a) It is unlawful to fail to visit and remove all animals
5from traps staked out, set, used, tended, placed or maintained
6at least once each calendar day.
7    (b) It is unlawful for any person to place, set, use, or
8maintain a leghold trap or one of similar construction on land,
9that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
10a body-gripping trap or one of similar construction having a
11jaw spread larger than 7 inches (17.8 CM) on a side if square
12and 8 inches (20.4 CM) if round.
13    (c) It is unlawful for any person to place, set, use, or
14maintain a leghold trap or one of similar construction in
15water, that has a jaw spread of larger than 7 1/2 inches (19.1
16CM), or a body-gripping trap or one of similar construction
17having a jaw spread larger than 10 inches (25.4 CM) on a side
18if square and 12 inches (30.5 CM) if round.
19    (d) It is unlawful to use any trap with saw-toothed,
20spiked, or toothed jaws.
21    (e) It is unlawful to destroy, disturb or in any manner
22interfere with dams, lodges, burrows or feed beds of beaver
23while trapping for beaver or to set a trap inside a muskrat
24house or beaver lodge, except that this shall not apply to
25Drainage Districts who are acting pursuant to the provisions of

 

 

HB0352 Enrolled- 15 -LRB099 05662 RJF 25702 b

1Section 2.37.
2    (f) It is unlawful to trap beaver or river otter with: (1)
3a leghold trap or one of similar construction having a jaw
4spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
5inches (19.1 CM), or (2) a body-gripping trap or one of similar
6construction having a jaw spread of less than 7 inches (17.7
7CM) or more than 10 inches (25.4 CM) on a side if square and 12
8inches (30.5 CM) if round, except that these restrictions shall
9not apply during the open season for trapping raccoons.
10    (g) It is unlawful to set traps closer than 10 feet (3.05
11M) from any hole or den which may be occupied by a game mammal
12or fur-bearing mammal except that this restriction shall not
13apply to water sets.
14    (h) It is unlawful to trap or attempt to trap any
15fur-bearing mammal with any colony, cage, box, or stove-pipe
16trap designed to take more than one mammal at a single setting.
17    (i) It is unlawful for any person to set or place any trap
18designed to take any fur-bearing mammal protected by this Act
19during the closed trapping season. Proof that any trap was
20placed during the closed trapping season shall be deemed prima
21facie evidence of a violation of this provision.
22    (j) It is unlawful to place, set, or maintain any leghold
23trap or one of similar construction within thirty (30) feet
24(9.14 m) of bait placed in such a manner or position that it is
25not completely covered and concealed from sight, except that
26this shall not apply to underwater sets. Bait shall mean and

 

 

HB0352 Enrolled- 16 -LRB099 05662 RJF 25702 b

1include any bait composed of mammal, bird, or fish flesh, fur,
2hide, entrails or feathers.
3    (k) (Blank). It shall be unlawful for hunters or trappers
4to have the green hides of fur-bearing mammals, protected by
5this Act, in their possession except during the open season and
6for an additional period of 10 days succeeding such open
7season.
8    (l) It is unlawful for any person to place, set, use or
9maintain a snare trap or one of similar construction in water,
10that has a loop diameter exceeding 15 inches (38.1 CM) or a
11cable or wire diameter of more than 1/8 inch (3.2 MM) or less
12than 5/64 inch (2.0 MM), that is constructed of stainless steel
13metal cable or wire, and that does not have a mechanical lock,
14anchor swivel and stop device to prevent the mechanical lock
15from closing the noose loop to a diameter of less than 2 1/2
16inches (6.4 CM).
17    (m) It is unlawful to trap muskrat or mink with (1) a
18leghold trap or one of similar construction or (2) a
19body-gripping trap or one of similar construction unless the
20body-gripping trap or similar trap is completely submerged
21underwater when set. These restrictions shall not apply during
22the open season for trapping raccoons.
23(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-813,
24eff. 7-13-12.)