Full Text of HB5440 100th General Assembly
HB5440enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 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 2.26 and 3.1-9 as follows:
| 6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 7 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 8 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 9 | | the Department in accordance with its administrative rules.
| 10 | | Those rules must provide for the issuance of the following | 11 | | types of resident deer archery permits: (i) a combination | 12 | | permit, consisting of one either-sex permit and one | 13 | | antlerless-only permit, (ii) a single antlerless-only permit, | 14 | | and (iii) a single either-sex permit. The fee for a Deer | 15 | | Hunting Permit to take deer with either bow and arrow or gun
| 16 | | shall not exceed $25.00 for residents of the State. The | 17 | | Department may by
administrative rule provide for non-resident | 18 | | deer hunting permits for which the
fee will not exceed $300 in | 19 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 20 | | provided below for non-resident landowners
and non-resident | 21 | | archery hunters. The Department may by
administrative rule | 22 | | provide for a non-resident archery deer permit consisting
of | 23 | | not more than 2 harvest tags at a total cost not to exceed $325 |
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| 1 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | 2 | | fees for a youth resident and non-resident archery deer permit | 3 | | shall be the same.
| 4 | | The standards and specifications for use of guns and bow | 5 | | and arrow for
deer hunting shall be established by | 6 | | administrative rule.
| 7 | | No person may have in his possession any firearm not | 8 | | authorized by
administrative rule for a specific hunting season | 9 | | when taking deer.
| 10 | | Persons having a firearm deer hunting permit shall be | 11 | | permitted to
take deer only during the period from 1/2 hour | 12 | | before sunrise to
1/2 hour after sunset, and only during those | 13 | | days for which an open season is
established for the taking of | 14 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 15 | | Persons having an archery deer hunting permit shall be | 16 | | permitted to
take deer only during the period from 1/2 hour | 17 | | before sunrise to 1/2 hour
after sunset, and only during those | 18 | | days for which an open season is
established for the taking of | 19 | | deer by use of bow and arrow.
| 20 | | It shall be unlawful for any person to take deer by use of | 21 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 22 | | the use
or aid of bait or baiting of any kind. For the purposes | 23 | | of this Section, "bait" means any material, whether liquid or | 24 | | solid, including food, salt, minerals, and other products, | 25 | | except pure water, that can be ingested, placed, or scattered | 26 | | in such a manner as to attract or lure white-tailed deer. |
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| 1 | | "Baiting" means the placement or scattering of bait to attract | 2 | | deer. An area is considered as baited during the presence
of | 3 | | and for 10 consecutive days following the removal of bait. | 4 | | Nothing in this Section shall prohibit the use of a dog to | 5 | | track wounded deer. Any person using a dog for tracking wounded | 6 | | deer must maintain physical control of the dog at all times by | 7 | | means of a maximum 50 foot lead attached to the dog's collar or | 8 | | harness. Tracking wounded deer is permissible at night, but at | 9 | | no time outside of legal deer hunting hours or seasons shall | 10 | | any person handling or accompanying a dog being used for | 11 | | tracking wounded deer be in possession of any firearm or | 12 | | archery device. Persons tracking wounded deer with a dog during | 13 | | the firearm deer seasons shall wear blaze orange as required. | 14 | | Dog handlers tracking wounded deer with a dog are exempt from | 15 | | hunting license and deer permit requirements so long as they | 16 | | are accompanied by the licensed deer hunter who wounded the | 17 | | deer.
| 18 | | It shall be unlawful to possess or transport any wild deer | 19 | | which has
been injured or killed in any manner upon a public | 20 | | highway or public
right-of-way of this State unless exempted by | 21 | | administrative rule.
| 22 | | Persons hunting deer must have gun unloaded and no bow and | 23 | | arrow
device shall be carried with the arrow in the nocked | 24 | | position during
hours when deer hunting is unlawful.
| 25 | | It shall be unlawful for any person, having taken the legal | 26 | | limit of
deer by gun, to further participate with gun in any |
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| 1 | | deer hunting party.
| 2 | | It shall be unlawful for any person, having taken the legal | 3 | | limit
of deer by bow and arrow, to further participate with bow | 4 | | and arrow in any
deer hunting party.
| 5 | | The Department may prohibit upland game hunting during the | 6 | | gun deer
season by administrative rule.
| 7 | | The Department shall not limit the number of non-resident, | 8 | | either-sex archery deer hunting permits to less than 20,000.
| 9 | | Any person who violates any of the provisions of this | 10 | | Section,
including administrative rules, shall be guilty of a | 11 | | Class B misdemeanor.
| 12 | | For the purposes of calculating acreage under this Section, | 13 | | the Department shall, after determining the total acreage of | 14 | | the applicable tract or tracts of land, round remaining | 15 | | fractional portions of an acre greater than or equal to half of | 16 | | an acre up to the next whole acre. | 17 | | For the purposes of taking white-tailed deer, nothing in | 18 | | this Section shall be construed to prevent the manipulation, | 19 | | including mowing or cutting, of standing crops as a normal | 20 | | agricultural or soil stabilization practice, food plots, or | 21 | | normal agricultural practices, including planting, harvesting, | 22 | | and maintenance such as cultivating or the use of products | 23 | | designed for scent only and not capable of ingestion, solid or | 24 | | liquid, placed or scattered, in such a manner as to attract or | 25 | | lure deer. Such manipulation for the purpose of taking | 26 | | white-tailed deer may be further modified by administrative |
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| 1 | | rule. | 2 | | (Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; | 3 | | 99-869, eff. 1-1-17 .)
| 4 | | (520 ILCS 5/3.1-9) | 5 | | Sec. 3.1-9. Youth Hunting and Trapping Licenses. | 6 | | (a) Any resident or non-resident youth age 18 and under may | 7 | | apply to the Department for a Youth Hunting License, which | 8 | | extends limited hunting privileges. The Youth Hunting License | 9 | | shall be a renewable license that shall expire on the March 31 | 10 | | following the date of issuance. | 11 | | For youth age 18 and under, the Youth Hunting License shall | 12 | | entitle the licensee to hunt while supervised by a parent, | 13 | | grandparent, or guardian who is 21 years of age or older and | 14 | | has a valid Illinois hunting license. Possession of a Youth | 15 | | Hunting License shall serve in lieu of a valid hunting license, | 16 | | but does not exempt the licensee from compliance with the | 17 | | requirements of this Code and any rules adopted under this | 18 | | Code. | 19 | | A youth licensed under this subsection (a) shall not hunt | 20 | | or carry a hunting device, including, but not limited to, a | 21 | | firearm, bow and arrow, or crossbow unless the youth is | 22 | | accompanied by and under the close personal supervision of a | 23 | | parent, grandparent, or guardian who is 21 years of age or | 24 | | older and has a valid Illinois hunting license. | 25 | | At age 19 years or when the youth chooses to hunt by |
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| 1 | | himself or herself, he or she is required to successfully | 2 | | complete a hunter safety course approved by the Department | 3 | | prior to being able to obtain a full hunting license and | 4 | | subsequently hunt by himself or herself. | 5 | | In order to be approved for the Youth Hunting License, the | 6 | | applicant must request a Youth Hunting License from the | 7 | | Department and submit a $7 fee, which shall be separate from | 8 | | and additional to any other stamp, permit, tag, or license fee | 9 | | that may be required for hunting under this Code. The | 10 | | Department shall adopt rules for the administration of the | 11 | | program, but shall not require any certificate of competency or | 12 | | other hunting education as a condition of the Youth Hunting | 13 | | License.
| 14 | | (b) Any resident or non-resident youth age 18 and under may | 15 | | apply to the Department for a Youth Trapping License, which | 16 | | extends limited trapping privileges. The Youth Trapping | 17 | | License shall be a renewable license that shall expire on the | 18 | | March 31 following the date of issuance. | 19 | | For youth age 18 and under, the Youth Trapping License | 20 | | shall entitle the licensee to trap while supervised by a | 21 | | parent, grandparent, or guardian who is 21 years of age or | 22 | | older and has a valid Illinois trapping license. Possession of | 23 | | a Youth Trapping License shall serve in lieu of a valid | 24 | | trapping license, but does not exempt the licensee from | 25 | | compliance with the requirements of this Code and any rules | 26 | | adopted under this Code. |
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| 1 | | A youth licensed under this subsection (b) shall not trap | 2 | | or carry a hunting device, including, but not limited to, a | 3 | | firearm, bow and arrow, or crossbow unless the youth is | 4 | | accompanied by and under the close personal supervision of a | 5 | | parent, grandparent, or guardian who is 21 years of age or | 6 | | older and has a valid Illinois trapping license. | 7 | | At age 19 years or when the youth chooses to trap by | 8 | | himself or herself, he or she is required to successfully | 9 | | complete a trapper safety course approved by the Department | 10 | | prior to being able to obtain a full trapping license and | 11 | | subsequently trap by himself or herself. | 12 | | In order to be approved for the Youth Trapping License, the | 13 | | applicant must request a Youth Trapping License from the | 14 | | Department and submit a $7 fee, which shall be separate from | 15 | | and additional to any other stamp, permit, tag, or license fee | 16 | | that may be required for trapping under this Code. The | 17 | | Department shall adopt rules for the administration of the | 18 | | program, but shall not require any certificate of competency or | 19 | | other trapping education as a condition of the Youth Trapping | 20 | | License. | 21 | | (Source: P.A. 98-620, eff. 1-7-14; 99-78, eff. 7-20-15; 99-307, | 22 | | eff. 1-1-16; 99-868, eff. 1-1-17 .)
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