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91_SB1068ren SB1068 Re-enrolled LRB9101340DHmgA 1 AN ACT to amend the Wildlife Code by changing Sections 2 2.33 and 2.37. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Wildlife Code is amended by changing 6 Sections 2.33 and 2.37 as follows: 7 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33) 8 Sec. 2.33. Prohibitions. 9 (a) It is unlawful to carry or possess any gun in any 10 State refuge unless otherwise permitted by administrative 11 rule. 12 (b) It is unlawful to use or possess any snare or 13 snare-like device, deadfall, net, or pit trap to take any 14 species, except that snares not powered by springs or other 15 mechanical devices may be used to trap fur-bearing mammals, 16 in water sets only, if at least one-half of the snare noose 17 is located underwater at all times. 18 (c) It is unlawful for any person at any time to take a 19 wild mammal protected by this Act from its den by means of 20 any mechanical device, spade, or digging device or to use 21 smoke or other gases to dislodge or remove such mammal except 22 as provided in Section 2.37. 23 (d) It is unlawful to use a ferret or any other small 24 mammal which is used in the same or similar manner for which 25 ferrets are used for the purpose of frightening or driving 26 any mammals from their dens or hiding places. 27 (e) (Blank). 28 (f) It is unlawful to use spears, gigs, hooks or any 29 like device to take any species protected by this Act. 30 (g) It is unlawful to use poisons, chemicals or 31 explosives for the purpose of taking any species protected by SB1068 Re-enrolled -2- LRB9101340DHmgA 1 this Act. 2 (h) It is unlawful to hunt adjacent to or near any peat, 3 grass, brush or other inflammable substance when it is 4 burning. 5 (i) It is unlawful to take, pursue or intentionally 6 harass or disturb in any manner any wild birds or mammals by 7 use or aid of any vehicle or conveyance, except as permitted 8 by the Code of Federal Regulations for the taking of 9 waterfowl. It is also unlawful to use the lights of any 10 vehicle or conveyance or any light from or any light 11 connected to such vehicle or conveyance in any area where 12 wildlife may be found except in accordance with Section 2.37 13 of this Act, however, nothing in this Section shall prohibit 14 the normal use of headlamps for the purpose of driving upon a 15 roadway and except that striped skunk, opossum, red fox, gray 16 fox, raccoon and coyote may be taken during the open season 17 by use of a small light which is worn on the body or 18 hand-held by a person on foot and not in any vehicle. 19 (j) It is unlawful to use any shotgun larger than 10 20 gauge while taking or attempting to take any of the species 21 protected by this Act. 22 (k) It is unlawful to use or possess in the field any 23 shotgun shell loaded with a shot size larger than lead BB or 24 steel T (.20 diameter) when taking or attempting to take any 25 species of wild game mammals (excluding white-tailed deer), 26 wild game birds, migratory waterfowl or migratory game birds 27 protected by this Act, except white-tailed deer as provided 28 for in Section 2.26 and other species as provided for by 29 subsection (l) or administrative rule. 30 (l) It is unlawful to take any species of wild game, 31 except white-tailed deer, with a shotgun loaded with slugs 32 unless otherwise provided for by administrative rule. 33 (m) It is unlawful to use any shotgun capable of holding 34 more than 3 shells in the magazine or chamber combined, SB1068 Re-enrolled -3- LRB9101340DHmgA 1 except on game breeding and hunting preserve areas licensed 2 under Section 3.27 and except as permitted by the Code of 3 Federal Regulations for the taking of waterfowl. If the 4 shotgun is capable of holding more than 3 shells, it shall, 5 while being used on an area other than a game breeding and 6 shooting preserve area licensed pursuant to Section 3.27, be 7 fitted with a one piece plug that is irremovable without 8 dismantling the shotgun or otherwise altered to render it 9 incapable of holding more than 3 shells in the magazine and 10 chamber, combined. 11 (n) It is unlawful for any person, except persons 12 permitted by law, to have or carry any gun in or on any 13 vehicle, conveyance or aircraft, unless such gun is unloaded 14 and enclosed in a case, except that at field trials 15 authorized by Section 2.34 of this Act, unloaded guns or guns 16 loaded with blank cartridges only, may be carried on 17 horseback while not contained in a case, or to have or carry 18 any bow or arrow device in or on any vehicle unless such bow 19 or arrow device is unstrung or enclosed in a case, or 20 otherwise made inoperable. 21 (o) It is unlawful to use any crossbow for the purpose 22 of taking any wild birds or mammals, except as provided for 23 in Section 2.33. 24 (p) It is unlawful to take game birds, migratory game 25 birds or migratory waterfowl with a rifle, pistol, revolver 26 or airgun. 27 (q) It is unlawful to fire a rifle, pistol, revolver or 28 airgun on, over or into any waters of this State, including 29 frozen waters. 30 (r) It is unlawful to discharge any gun or bow and arrow 31 device along, upon, across, or from any public right-of-way 32 or highway in this State. 33 (s) It is unlawful to use a silencer or other device to 34 muffle or mute the sound of the explosion or report resulting SB1068 Re-enrolled -4- LRB9101340DHmgA 1 from the firing of any gun. 2 (t) It is unlawful for any person to trap or hunt, or 3 allow a dog to hunt, within or upon the land of another, or 4 upon waters flowing over or standing on the land of another, 5 without first obtaining permission from the owner or tenant. 6 It shall be prima facie evidence that a person does not have 7 permission of the owner or tenant if the person is unable to 8 demonstrate to the law enforcement officer in the field that 9 permission had been obtained. This provision may only be 10 rebutted by testimony of the owner or tenant that permission 11 had been given. Before enforcing this Section the law 12 enforcement officer must have received notice from the owner 13 or tenant of a violation of this Section. Statements made to 14 the law enforcement officer regarding this notice shall not 15 be rendered inadmissible by the hearsay rule when offered for 16 the purpose of showing the required notice. 17 (u) It is unlawful for any person to discharge any 18 firearm for the purpose of taking any of the species 19 protected by this Act, or hunt with gun or dog, or allow a 20 dog to hunt, within 300 yards of an inhabited dwelling 21 without first obtaining permission from the owner or tenant, 22 except that while trapping, hunting with bow and arrow, 23 hunting with dog and shotgun using shot shells only, or 24 hunting with shotgun using shot shells only, or on licensed 25 game breeding and hunting preserve areas, as defined in 26 Section 3.27, on property operated under a Migratory 27 Waterfowl Hunting Area Permit, on federally owned and managed 28 lands and on Department owned, managed, leased or controlled 29 lands, a 100 yard restriction shall apply. 30 (v) It is unlawful for any person to remove fur-bearing 31 mammals from, or to move or disturb in any manner, the traps 32 owned by another person without written authorization of the 33 owner to do so. 34 (w) It is unlawful for any owner of a dog to knowingly SB1068 Re-enrolled -5- LRB9101340DHmgA 1 or wantonly allow his or her dog to pursue, harass or kill 2 deer. 3 (x) It is unlawful for any person to wantonly or 4 carelessly injure or destroy, in any manner whatsoever, any 5 real or personal property on the land of another while 6 engaged in hunting or trapping thereon. 7 (y) It is unlawful to hunt wild game protected by this 8 Act between half hour after sunset and half hour before 9 sunrise except that hunting hours between half hour after 10 sunset and half hour before sunrise may be established by 11 administrative rule for fur-bearing mammals. 12 (z) It is unlawful to take any game bird (excluding wild 13 turkeys and crippled pheasants not capable of normal flight 14 and otherwise irretrievable) protected by this Act when not 15 flying. Nothing in this Section shall prohibit a person from 16 carrying an uncased, unloaded shotgun in a boat, while in 17 pursuit of a crippled migratory waterfowl that is incapable 18 of normal flight, for the purpose of attempting to reduce the 19 migratory waterfowl to possession, provided that the attempt 20 is made immediately upon downing the migratory waterfowl and 21 is done within 400 yards of the blind from which the 22 migratory waterfowl was downed. This exception shall apply 23 only to migratory game birds that are not capable of normal 24 flight. Migratory waterfowl that are crippled may be taken 25 only with a shotgun as regulated by subsection (j) of this 26 Section using shotgun shells as regulated in subsection (k) 27 of this Section. 28 (aa) It is unlawful to use or possess any device that 29 may be used for tree climbing or cutting, while hunting 30 fur-bearing mammals. 31 (bb) It is unlawful for any person, except licensed game 32 breeders, pursuant to Section 2.29 to import, carry into or 33 possess alive in this State, any species of wildlife taken 34 outside of this State without obtaining permission to do so SB1068 Re-enrolled -6- LRB9101340DHmgA 1 from the Director. 2 (cc) It is unlawful for any person to have in their 3 possession any freshly killed species protected by this Act 4 during the season closed for taking. 5 (dd) It is unlawful to take any species protected by 6 this Act and retain it alive. 7 (ee) It is unlawful to possess any rifle while in the 8 field during gun deer season except as provided in Section 9 2.26 and administrative rules. 10 (ff) It is unlawful for any person to take any species 11 protected by this Act, except migratory waterfowl, during the 12 gun deer hunting season in those counties open to gun deer 13 hunting, unless he wears, when in the field, a cap and upper 14 outer garment of a solid blaze orange color, with such 15 articles of clothing displaying a minimum of 400 square 16 inches of blaze orange material. 17 (gg) It is unlawful during the upland game season for 18 any person to take upland game with a firearm unless he or 19 she wears, while in the field, a cap of solid blaze orange 20 color. For purposes of this Act, upland game is defined as 21 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant, 22 Eastern Cottontail and Swamp Rabbit. 23 (hh) It shall be unlawful to kill or cripple any species 24 protected by this Act for which there is a daily bag limit 25 without making a reasonable effort to retrieve such species 26 and include such in the daily bag limit. 27 This Section shall apply only to those species protected 28 by this Act taken within the State. Any species or any parts 29 thereof, legally taken in and transported from other states 30 or countries may be possessed within the State, except as 31 provided in this Section and Sections 2.35, 2.36 and 3.21. 32 Nothing contained in this Section shall prohibit the use 33 of bow and arrow, or prevent the Director from issuing 34 permits to use a crossbow to handicapped persons. As used SB1068 Re-enrolled -7- LRB9101340DHmgA 1 herein, "handicapped persons" means those persons who have a 2 permanent physical impairment due to injury or disease, 3 congenital or acquired, which renders them so severely 4 disabled as to be unable to use a conventional bow and arrow 5 device. Permits will be issued only after the receipt of a 6 physician's statement confirming the applicant is handicapped 7 as defined above. 8 Nothing contained in this Section shall prohibit the 9 Director from issuing permits to paraplegics or persons 10 physically unable to walk, to shoot or hunt from a standing 11 vehicle, provided that such is otherwise in accord with this 12 Act. 13 Nothing contained in this Act shall prohibit the taking 14 of aquatic life protected by the Fish Code or birds and 15 mammals protected by this Act, except deer and fur-bearing 16 mammals, from a boat not camouflaged or disguised to alter 17 its identity or to further provide a place of concealment and 18 not propelled by sail or mechanical power. However, only 19 shotguns not larger than 10 gauge nor smaller than .410 bore 20 loaded with not more than 3 shells of a shot size no larger 21 than lead BB or steel T (.20 diameter) may be used to take 22 species protected by this Act. 23 Nothing contained in this Act shall prohibit the use of a 24 shotgun, not larger than 10 gauge nor smaller than a 20 25 gauge, with a rifled barrel. 26 (Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.) 27 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37) 28 Sec. 2.37. Authority to kill wildlife responsible for 29 damage. Subject to federal regulations and Section 3 of the 30 Illinois Endangered Species Act,Upon written permission from31 the Department may authorize,owners and tenants of lands or 32 their agents tomayremove or destroy any wild bird or wild 33 mammal, other than a game bird or migratory game bird,when SB1068 Re-enrolled -8- LRB9101340DHmgA 1 thesuchwild bird or wild mammal is known to be destroying 2 property or causing a risk to human health or safety upon his 3 or her land. 4 Upon receipt by the Department of information from the 5 owner, tenant, or sharecropper that any one or more species 6 of wildlife, other than a game bird or migratory bird,is 7 damaging dams, levees, ditches, or other property on the land 8 on which he resides or controls, together with a statement 9 regarding location of the property damages, the nature and 10 extent of the damage, and the particular species of wildlife 11 committing the damage, the Department shall make an 12 investigation. 13 If, after investigation, the Department finds thatsuch14 damage doestoexist and can be abated only by removing or 15 destroying thatsuchwildlife, a permit shall be issued by 16 the Department to remove or destroy the species responsible 17 causing thesuchdamage. 18 A permit to control thesuchdamage shall be for a period 19 of up to 90 days, shall specify the means and methods by 20 which and the person or persons by whom the wildlife may be 21 removed or destroyed, and shall set forth the disposition 22 procedure to be made of all wildlife taken,andsuchother 23 restrictionsasthe Director considersdeemsnecessary and 24 appropriate in the circumstances of the particular case. 25 Whenever possible, the specimens destroyed shall be given to 26 a bona-fide public or State scientific, educational, or 27 zoological institution. 28 The permittee shall advise the Department in writing, 29 within 10tendays after the expiration date of the permit, 30 of the number of individual species of wildlife taken, 31 disposition made of themsame, and any other information 32 which the Department may consider necessary. 33 Subject to federal regulations and Section 3 of the 34 Illinois Endangered Species Act,In additionthe Department SB1068 Re-enrolled -9- LRB9101340DHmgA 1 may grant to an individual, corporation, association or a 2 governmental body the authority to control species protected 3 by this Codewildlife. The Department shall set forth 4 applicable regulations in an Administrative Order and may 5 require periodic reports listing species taken, numbers of 6 each species taken, dates when taken, and other pertinent 7 information. 8 Drainage Districts shall have the authority to control 9 beaver provided that they must notify the Department in 10 writing that a problem exists and of their intention to trap 11 the animals at least 7 days before the trapping begins. The 12 District must identify traps used in beaver control outside 13 the dates of the furbearer trapping season with metal tags 14 with the district's name legibly inscribed upon them. During 15 the furtrapping season, traps must be identified as 16 prescribed by law. Conibear traps at least size 330 shall be 17 used except during the statewide furbearer trapping season. 18 During that time trappers may use any device that is legal 19 according to the Wildlife Code. Except during the statewide 20 furbearer trapping season, beaver traps must be set in water 21 at least 10 inches deep. Except during the statewide 22 furbearer trapping season, traps must be set within 10 feet 23 of an inhabited bank burrow or house and within 10 feet of a 24 dam maintained by a beaver. No beaver or other furbearer 25 taken outside of the dates for the furbearer trapping season 26 may be sold. All animals must be given to the nearest 27 conservation officer or other Department of Natural Resources 28 representative within 48 hours after they are caught. 29 Furbearers taken during the fur trapping season may be sold 30 provided that they are taken by persons who have valid 31 trapping licenses in their possession and are lawfully taken. 32 The District must submit an annual report showing the species 33 and numbers of animals caught. The report must indicate all 34 species which were taken. SB1068 Re-enrolled -10- LRB9101340DHmgA 1 (Source: P.A. 89-445, eff. 2-7-96.) 2 Section 99. Effective date. This Act takes effect on 3 becoming law.