State of Illinois
91st General Assembly
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Public Act 91-0654

SB1068 Re-enrolled                            LRB9101340DHmgA

    AN ACT to amend the Wildlife Code  by  changing  Sections
2.33 and 2.37.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Wildlife  Code  is  amended  by  changing
Sections 2.33 and 2.37 as follows:

    (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
    Sec. 2.33. Prohibitions.
    (a)  It  is  unlawful  to carry or possess any gun in any
State refuge unless  otherwise  permitted  by  administrative
rule.
    (b)  It  is  unlawful  to  use  or  possess  any snare or
snare-like device, deadfall, net, or pit  trap  to  take  any
species,  except  that snares not powered by springs or other
mechanical devices may be used to trap  fur-bearing  mammals,
in  water  sets only, if at least one-half of the snare noose
is located underwater at all times.
    (c)  It is unlawful for any person at any time to take  a
wild  mammal  protected  by this Act from its den by means of
any mechanical device, spade, or digging  device  or  to  use
smoke or other gases to dislodge or remove such mammal except
as provided in Section 2.37.
    (d)  It  is  unlawful  to use a ferret or any other small
mammal which is used in the same or similar manner for  which
ferrets  are  used  for the purpose of frightening or driving
any mammals from their dens or hiding places.
    (e)  (Blank).
    (f)  It is unlawful to use spears,  gigs,  hooks  or  any
like device to take any species protected by this Act.
    (g)  It   is   unlawful  to  use  poisons,  chemicals  or
explosives for the purpose of taking any species protected by
this Act.
    (h)  It is unlawful to hunt adjacent to or near any peat,
grass, brush  or  other  inflammable  substance  when  it  is
burning.
    (i)  It  is  unlawful  to  take, pursue  or intentionally
harass or disturb in any manner any wild birds or mammals  by
use  or aid of any vehicle or conveyance, except as permitted
by  the  Code  of  Federal  Regulations  for  the  taking  of
waterfowl. It is also unlawful to   use  the  lights  of  any
vehicle  or  conveyance  or  any  light  from  or  any  light
connected  to  such  vehicle  or conveyance in any area where
wildlife may be found except in accordance with Section  2.37
of  this Act, however, nothing in this Section shall prohibit
the normal use of headlamps for the purpose of driving upon a
roadway and except that striped skunk, opossum, red fox, gray
fox, raccoon and coyote 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.
    (j)  It is unlawful to use any  shotgun  larger  than  10
gauge  while  taking or attempting to take any of the species
protected by this Act.
    (k)  It is unlawful to use or possess in  the  field  any
shotgun  shell loaded with a shot size larger than lead BB or
steel T (.20 diameter)  when taking or attempting to take any
species of wild game mammals (excluding  white-tailed  deer),
wild  game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer  as  provided
for  in  Section  2.26  and  other species as provided for by
subsection (l) or administrative rule.
    (l)  It is unlawful to take any  species  of  wild  game,
except  white-tailed  deer,  with a shotgun loaded with slugs
unless otherwise provided for by administrative rule.
    (m)  It is unlawful to use any shotgun capable of holding
more than 3 shells  in  the  magazine  or  chamber  combined,
except  on  game breeding and hunting preserve areas licensed
under Section 3.27 and except as permitted  by  the  Code  of
Federal  Regulations  for  the  taking  of  waterfowl. If the
shotgun is capable of holding more than 3 shells,  it  shall,
while  being  used  on an area other than a game breeding and
shooting preserve area licensed pursuant to Section 3.27,  be
fitted  with  a  one  piece  plug that is irremovable without
dismantling the shotgun or otherwise  altered  to  render  it
incapable  of  holding more than 3 shells in the magazine and
chamber, combined.
    (n)  It  is  unlawful  for  any  person,  except  persons
permitted by law, to have or carry  any  gun  in  or  on  any
vehicle,  conveyance or aircraft, unless such gun is unloaded
and  enclosed  in  a  case,  except  that  at  field   trials
authorized by Section 2.34 of this Act, unloaded guns or guns
loaded   with  blank  cartridges  only,  may  be  carried  on
horseback while not contained in a case, or to have or  carry
any  bow or arrow device in or on any vehicle unless such bow
or arrow device  is  unstrung  or  enclosed  in  a  case,  or
otherwise made inoperable.
    (o)  It  is  unlawful to use any crossbow for the purpose
of taking any wild birds or mammals, except as  provided  for
in Section 2.33.
    (p)  It  is  unlawful  to take game birds, migratory game
birds or migratory waterfowl with a rifle,  pistol,  revolver
or airgun.
    (q)  It  is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this  State,  including
frozen waters.
    (r)  It is unlawful to discharge any gun or bow and arrow
device  along,  upon, across, or from any public right-of-way
or highway in this State.
    (s)  It is unlawful to use a silencer or other device  to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
    (t)  It  is  unlawful  for any person to trap or hunt, or
allow a dog to hunt, within or upon the land of  another,  or
upon  waters flowing over or standing on the land of another,
without first obtaining permission from the owner or  tenant.
It  shall be prima facie evidence that a person does not have
permission of the owner or tenant if the person is unable  to
demonstrate  to the law enforcement officer in the field that
permission had been obtained.  This  provision  may  only  be
rebutted  by testimony of the owner or tenant that permission
had  been  given.  Before  enforcing  this  Section  the  law
enforcement officer must have received notice from the  owner
or  tenant of a violation of this Section. Statements made to
the law enforcement officer regarding this notice  shall  not
be rendered inadmissible by the hearsay rule when offered for
the purpose of showing the required notice.
    (u)  It  is  unlawful  for  any  person  to discharge any
firearm  for  the  purpose  of  taking  any  of  the  species
protected by this Act, or hunt with gun or dog,  or  allow  a
dog  to  hunt,  within  300  yards  of  an inhabited dwelling
without first obtaining permission from the owner or  tenant,
except  that  while  trapping,  hunting  with  bow and arrow,
hunting with dog and  shotgun  using  shot  shells  only,  or
hunting  with  shotgun using shot shells only, or on licensed
game breeding and  hunting  preserve  areas,  as  defined  in
Section   3.27,   on  property  operated  under  a  Migratory
Waterfowl Hunting Area Permit, on federally owned and managed
lands and on Department owned, managed, leased or  controlled
lands, a 100 yard restriction shall apply.
    (v)  It  is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the  traps
owned  by another person without written authorization of the
owner to do so.
    (w)  It is unlawful for any owner of a dog  to  knowingly
or  wantonly  allow  his or her dog to pursue, harass or kill
deer.
    (x)  It  is  unlawful  for  any  person  to  wantonly  or
carelessly injure or destroy, in any manner  whatsoever,  any
real  or  personal  property  on  the  land  of another while
engaged in hunting or trapping thereon.
    (y)  It is unlawful to hunt wild game protected  by  this
Act  between  half  hour  after  sunset  and half hour before
sunrise except that hunting hours  between  half  hour  after
sunset  and  half  hour  before sunrise may be established by
administrative rule for fur-bearing mammals.
    (z)  It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of  normal  flight
and  otherwise  irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person  from
carrying  an  uncased,  unloaded  shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that  is  incapable
of normal flight, for the purpose of attempting to reduce the
migratory  waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl  and
is  done  within  400  yards  of  the  blind  from  which the
migratory waterfowl was downed. This  exception  shall  apply
only  to  migratory game birds that are not capable of normal
flight.  Migratory waterfowl that are crippled may  be  taken
only  with  a  shotgun as regulated by subsection (j) of this
Section using shotgun shells as regulated in  subsection  (k)
of this Section.
    (aa)  It  is  unlawful  to use or possess any device that
may be used for  tree  climbing  or  cutting,  while  hunting
fur-bearing mammals.
    (bb)  It is unlawful for any person, except licensed game
breeders,  pursuant  to Section 2.29 to import, carry into or
possess alive in this State, any species  of  wildlife  taken
outside  of  this State without obtaining permission to do so
from the Director.
    (cc)  It is unlawful for any  person  to  have  in  their
possession  any  freshly killed species protected by this Act
during the season closed for taking.
    (dd)  It is unlawful to take  any  species  protected  by
this Act and retain it alive.
    (ee)  It  is  unlawful  to possess any rifle while in the
field during gun deer season except as  provided  in  Section
2.26 and administrative rules.
    (ff)  It  is  unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open  to  gun  deer
hunting,  unless he wears, when in the field, a cap and upper
outer garment of  a  solid  blaze  orange  color,  with  such
articles  of  clothing  displaying  a  minimum  of 400 square
inches of blaze orange material.
    (gg)  It is unlawful during the upland  game  season  for
any  person  to  take upland game with a firearm unless he or
she wears, while in the field, a cap of  solid  blaze  orange
color.   For  purposes of this Act, upland game is defined as
Bobwhite Quail, Hungarian  Partridge,  Ring-necked  Pheasant,
Eastern Cottontail and Swamp Rabbit.
    (hh)  It shall be unlawful to kill or cripple any species
protected  by  this  Act for which there is a daily bag limit
without making a reasonable effort to retrieve  such  species
and include such in the daily bag limit.
    This  Section shall apply only to those species protected
by this Act taken within the State.  Any species or any parts
thereof, legally taken in and transported from  other  states
or  countries  may  be  possessed within the State, except as
provided in this Section and Sections 2.35, 2.36 and 3.21.
    Nothing contained in this Section shall prohibit the  use
of  bow  and  arrow,  or  prevent  the  Director from issuing
permits to use a crossbow to  handicapped  persons.  As  used
herein,  "handicapped persons" means those persons who have a
permanent physical  impairment  due  to  injury  or  disease,
congenital  or  acquired,  which  renders  them  so  severely
disabled  as to be unable to use a conventional bow and arrow
device. Permits will be issued only after the  receipt  of  a
physician's statement confirming the applicant is handicapped
as defined above.
    Nothing  contained  in  this  Section  shall prohibit the
Director from  issuing  permits  to  paraplegics  or  persons
physically  unable  to walk, to shoot or hunt from a standing
vehicle, provided that such is otherwise in accord with  this
Act.
    Nothing  contained  in this Act shall prohibit the taking
of aquatic life protected by  the  Fish  Code  or  birds  and
mammals  protected  by this Act, except deer and  fur-bearing
mammals, from a boat not camouflaged or  disguised  to  alter
its identity or to further provide a place of concealment and
not  propelled  by  sail  or mechanical power.  However, only
shotguns not larger than 10 gauge nor smaller than .410  bore
loaded  with  not more than 3 shells of a shot size no larger
than lead BB or steel T (.20 diameter) may be  used  to  take
species protected by this Act.
    Nothing contained in this Act shall prohibit the use of a
shotgun,  not  larger  than  10  gauge  nor smaller than a 20
gauge, with a rifled barrel.
(Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.)

    (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
    Sec. 2.37.  Authority to kill  wildlife  responsible  for
damage.   Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, Upon written permission from
the Department may authorize, owners and tenants of lands  or
their  agents  to may remove or destroy any wild bird or wild
mammal, other than a game bird or migratory game  bird,  when
the  such  wild bird or wild mammal is known to be destroying
property or causing a risk to human health or safety upon his
or her land.
    Upon receipt by the Department of  information  from  the
owner,  tenant,  or sharecropper that any one or more species
of wildlife, other than a game bird  or  migratory  bird,  is
damaging dams, levees, ditches, or other property on the land
on  which  he  resides or controls, together with a statement
regarding location of the property damages,  the  nature  and
extent  of the damage, and the particular species of wildlife
committing  the  damage,  the  Department   shall   make   an
investigation.
    If,  after  investigation, the Department finds that such
damage does to exist and can be abated only  by  removing  or
destroying  that  such  wildlife, a permit shall be issued by
the Department to remove or destroy the  species  responsible
causing the such damage.
    A permit to control the such damage shall be for a period
of  up  to  90  days,  shall specify the means and methods by
which and the person or persons by whom the wildlife  may  be
removed  or  destroyed,  and  shall set forth the disposition
procedure to be made of all wildlife taken,  and  such  other
restrictions  as  the  Director considers deems necessary and
appropriate in the  circumstances  of  the  particular  case.
Whenever  possible, the specimens destroyed shall be given to
a bona-fide  public  or  State  scientific,  educational,  or
zoological institution.
    The  permittee  shall  advise  the Department in writing,
within 10 ten days after the expiration date of  the  permit,
of  the  number  of  individual  species  of  wildlife taken,
disposition made of them  same,  and  any  other  information
which the Department may consider necessary.
    Subject  to  federal  regulations  and  Section  3 of the
Illinois Endangered Species Act, In addition  the  Department
may  grant  to  an  individual, corporation, association or a
governmental body the authority to control species  protected
by  this  Code  wildlife.   The  Department  shall  set forth
applicable regulations in an  Administrative  Order  and  may
require  periodic  reports  listing species taken, numbers of
each species taken, dates when  taken,  and  other  pertinent
information.
    Drainage  Districts  shall  have the authority to control
beaver provided that  they  must  notify  the  Department  in
writing  that a problem exists and of their intention to trap
the animals at least 7 days before the trapping begins.   The
District  must  identify traps used in beaver control outside
the dates of the furbearer trapping season  with  metal  tags
with the district's name legibly inscribed upon them.  During
the   furtrapping   season,   traps  must  be  identified  as
prescribed by law.  Conibear traps at least size 330 shall be
used except during the statewide furbearer  trapping  season.
During  that  time  trappers may use any device that is legal
according to the Wildlife Code.  Except during the  statewide
furbearer  trapping season, beaver traps must be set in water
at  least  10  inches  deep.   Except  during  the  statewide
furbearer trapping season, traps must be set within  10  feet
of  an inhabited bank burrow or house and within 10 feet of a
dam maintained by a beaver.  No  beaver  or  other  furbearer
taken  outside of the dates for the furbearer trapping season
may be sold.  All  animals  must  be  given  to  the  nearest
conservation officer or other Department of Natural Resources
representative   within  48  hours  after  they  are  caught.
Furbearers taken during the fur trapping season may  be  sold
provided  that  they  are  taken  by  persons  who have valid
trapping licenses in their possession and are lawfully taken.
The District must submit an annual report showing the species
and numbers of animals caught.  The report must indicate  all
species which were taken.
(Source: P.A. 89-445, eff. 2-7-96.)

    Section  99.   Effective  date.  This Act takes effect on
becoming law.

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