[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0177
HB1854 Enrolled LRB9205414TAtm
AN ACT concerning wildlife.
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 2.11, 2.26, 3.1 and by adding Section 3.1-3 as
follows:
(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
Sec. 2.11. Before any person may lawfully hunt wild
turkey, he shall first obtain a "Wild Turkey Hunting Permit"
in accordance with the prescribed regulations set forth in an
administrative rule of the Department. The fee for a
Resident Wild Turkey Hunting Permit shall not exceed $15.
Upon submitting suitable evidence of legal residence in
any other state, non-residents shall be charged a fee not to
exceed $125 $75 for wild turkey hunting permits, except as
provided below for non-resident land owners.
Permits shall be issued without charge to:
(a) Illinois landowners residing in Illinois who
own at least 40 acres of Illinois land and wish to hunt
on their land only,
(b) resident tenants of at least 40 acres of
commercial agricultural land, and
(c) shareholders of a corporation which owns at
least 40 acres of land in a county in Illinois who wish
to hunt on the corporation's land only. One permit shall
be issued without charge to one shareholder for each 40
acres of land owned by the corporation in a county;
however, the number of permits issued without charge to
shareholders of any corporation in any county shall not
exceed 15.
The turkey hunting permit issued without fee shall be
valid on all lands upon which the person to whom it is issued
owns, leases or rents, except that in the case of a permit
issued without charge to a shareholder of a corporation, the
permit shall be valid on all lands owned by the corporation
in the county.
The Department may by administrative rule allocate and
issue non-resident Wild Turkey Permits and establish fees for
such permits.
The Department may set aside, in accordance with the
prescribed regulations set forth in an administrative rule of
the Department, a limited number of Wild Turkey Hunting
Permits to be available to persons providing evidence of a
contractual arrangement to hunt on properties controlled by a
bona fide Illinois outfitter. The number of available
permits shall be based on a percentage of unfilled permits
remaining after the previous year's lottery. Eligible
outfitters shall be those having membership in, and
accreditation conferred by, a professional association of
outfitters approved by the Department. The association shall
be responsible for setting professional standards and codes
of conduct for its membership, subject to Departmental
approval. In addition to the fee normally charged for
resident and nonresident permits, a reservation fee not to
exceed $200 shall be charged to the outfitter for each permit
set aside in accordance with this Act. The reservation fee
shall be deposited into the Wildlife and Fish Fund.
It shall be unlawful to take wild turkey except by use of
a bow and arrow or a shotgun of not larger than 10 nor
smaller than 20 gauge with shot size not larger than No. 4,
and no person while attempting to so take wild turkey may
have in his possession any other gun.
It shall be unlawful to take, or attempt to take wild
turkey except during the time from 1/2 hour before sunrise to
1/2 hour after sunset or during such lesser period of time as
may be specified by administrative rule, during those days
for which an open season is established.
It shall be unlawful for any person to take, or attempt
to take, wild turkey by use of dogs, horses, automobiles,
aircraft or other vehicles, or conveyances, or by the use of
bait of any kind.
It is unlawful for any person to take in Illinois or have
in his possession more than one wild turkey per valid permit.
(Source: P.A. 88-416; 89-715, eff. 2-21-97.)
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Any person attempting to take deer shall
first obtain a "Deer Hunting Permit" in accordance with
prescribed regulations set forth in an Administrative Rule.
Deer Hunting Permits shall be issued by the Department. The
fee for a Deer Hunting Permit to take deer with either bow
and arrow or gun shall not exceed $15.00 for residents of the
State. The Department may by administrative rule provide for
non-resident deer hunting permits for which the fee will not
exceed $200 $100 except as provided below for non-resident
landowners and non-resident archery hunters. The Department
may by administrative rule provide for a non-resident archery
deer permit consisting of not more than 2 harvest tags at a
total cost not to exceed $225. Permits shall be issued
without charge to:
(a) Illinois landowners residing in Illinois who
own at least 40 acres of Illinois land and wish to hunt
their land only,
(b) resident tenants of at least 40 acres of
commercial agricultural land where they will hunt, and
(c) shareholders of a corporation which owns at
least 40 acres of land in a county in Illinois who wish
to hunt on the corporation's land only. One permit shall
be issued without charge to one shareholder for each 40
acres of land owned by the corporation in a county;
however, the number of permits issued without charge to
shareholders of any corporation in any county shall not
exceed 15.
Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent or lease or shareholders who
do not wish to hunt only on the land owned by the corporation
shall be charged the same fee as the applicant who is not a
landowner, tenant or shareholder. Nonresidents of Illinois
who own at least 40 acres of land and wish to hunt on their
land only shall be charged a fee set by administrative rule.
The method for obtaining these permits shall be prescribed by
administrative rule.
The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued
to a shareholder, the permit shall be valid on all lands
owned by the corporation in the county.
The Department may set aside, in accordance with the
prescribed regulations set forth in an administrative rule of
the Department, a limited number of Deer Hunting Permits to
be available to persons providing evidence of a contractual
arrangement to hunt on properties controlled by a bona fide
Illinois outfitter. The number of available permits shall be
based on a percentage of unfilled permits remaining after the
previous year's lottery. Eligible outfitters shall be those
having membership in, and accreditation conferred by, a
professional association of outfitters approved by the
Department. The association shall be responsible for setting
professional standards and codes of conduct for its
membership, subject to Departmental approval. In addition to
the fee normally charged for resident and nonresident
permits, a reservation fee not to exceed $200 shall be
charged to the outfitter for each permit set aside in
accordance with this Act. The reservation fee shall be
deposited into the Wildlife and Fish Fund.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to sunset, and only during those days for
which an open season is established for the taking of deer by
use of shotgun or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during
those days for which an open season is established for the
taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use
of dogs, horses, automobiles, aircraft or other vehicles, or
by the use of salt or bait of any kind. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of bait.
It shall be unlawful to possess or transport any wild
deer which has been injured or killed in any manner upon a
public highway or public right-of-way of this State unless
exempted by administrative rule.
Persons hunting deer must have gun unloaded and no bow
and arrow device shall be carried with the arrow in the
nocked position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun
in any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during
the gun deer season by administrative rule.
It shall be legal for handicapped persons, as defined in
Section 2.33, to utilize a crossbow device, as defined in
Department rules, to take deer.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
Sec. 3.1. License and stamps required.
(a) Before any person shall take or attempt to take any
of the species protected by Section 2.2 for which an open
season is established under this Act, he shall first have
procured and possess a valid hunting license.
Before any person 16 years of age or older shall take or
attempt to take any bird of the species defined as migratory
waterfowl by Section 2.2, including coots, he shall first
have procured a State Migratory Waterfowl Stamp.
Before any person 16 years of age or older takes,
attempts to take, or pursues any species of wildlife
protected by this Code, except migratory waterfowl, coots,
and hand-reared birds on licensed game breeding and hunting
preserve areas and state controlled pheasant hunting areas,
he or she shall first obtain a State Habitat Stamp. Disabled
veterans and former prisoners of war shall not be required to
obtain State Habitat Stamps. Any person who obtained a
lifetime license before January 1, 1993, shall not be
required to obtain State Habitat Stamps. Income from the sale
of State Furbearer Stamps and State Pheasant Stamps received
after the effective date of this amendatory Act of 1992 shall
be deposited into the State Furbearer Fund and State Pheasant
Fund, respectively.
Before any person 16 years of age or older shall take,
attempt to take, or sell the green hide of any mammal of the
species defined as fur-bearing mammals by Section 2.2 for
which an open season is established under this Act, he shall
first have procured a State Habitat Stamp.
(b) Before any person who is a non-resident of the State
of Illinois shall take or attempt to take any of the species
protected by Section 2.2, except white-tailed deer or wild
turkey, for which an open season is established under this
Act, he shall, unless specifically exempted by law, first
procure a non-resident license as provided by this Act for
the taking of any wild game.
Before a nonresident shall take or attempt to take
white-tailed deer, he shall first have procured a Deer
Hunting Permit as defined in Section 2.26 of this Code.
Before a nonresident shall take or attempt to take wild
turkeys, he shall have procured a Wild Turkey Hunting Permit
as defined in Section 2.11 of this Code.
(c) The owners residing on, or bona fide tenants of,
farm lands and their children, parents, brothers, and sisters
actually permanently residing on their lands shall have the
right to hunt any of the species protected by Section 2.2
upon their lands and waters without procuring hunting
licenses; but the hunting shall be done only during periods
of time and with devices and by methods as are permitted by
this Act. Any person on active duty with the Armed Forces of
the United States who is now and who was at the time of
entering the Armed Forces a resident of Illinois and who
entered the Armed Forces from this State, and who is
presently on ordinary leave from the Armed Forces, and any
resident of Illinois who is disabled may hunt any of the
species protected by Section 2.2 without procuring a hunting
license, but the hunting shall be done only during such
periods of time and with devices and by methods as are
permitted by this Act. For the purpose of this Section a
person is disabled when that person has a Type 1 or Type 4,
Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Disabled Person Identification Card issued pursuant
to the Illinois Identification Card Act indicating that the
person named has a Type 1 or Type 4, Class 2 disability shall
be adequate documentation of the disability.
(d) A courtesy non-resident license, permit, or stamp
for taking game may be issued at the discretion of the
Director, without fee, to any person officially employed in
the game and fish or conservation department of another state
or of the United States who is within the State to assist or
consult or cooperate with the Director; or to the officials
of other states, the United States, foreign countries, or
officers or representatives of conservation organizations or
publications while in the State as guests of the Governor or
Director. The Director may provide to nonresident
participants and official gunners at field trials an
exemption from licensure while participating in a field
trial.
(e) State Migratory Waterfowl Stamps shall be required
for those persons qualifying under subsections (c) and (d)
who intend to hunt migratory waterfowl, including coots, to
the extent that hunting licenses of the various types are
authorized and required by this Section for those persons.
(f) Registration in the U.S. Fish and Wildlife Migratory
Bird Harvest Information Program shall be required for those
persons who are required to have a hunting license before
taking or attempting to take any bird of the species defined
as migratory game birds by Section 2.2, except that this
subsection shall not apply to crows in this State or
hand-reared birds on licensed game breeding and hunting
preserve areas, for which an open season is established by
this Act. Persons registering with the Program must carry
proof of registration with them while migratory bird hunting.
The Department shall publish suitable prescribed
regulations pertaining to registration by the migratory bird
hunter in the U.S. Fish and Wildlife Service Migratory Bird
Harvest Information Program.
(Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.)
(520 ILCS 5/3.1-3 new)
Sec. 3.1-3. Deer and wild turkey outfitter permit;
application and fees. Before any person provides or offers to
provide, for compensation, outfitting services for deer or
wild turkey hunting, that person must apply for and receive a
permit from the Department. The annual fee for resident
outfitter permits shall not exceed $1,000. The annual fee
for nonresident outfitter permits shall not exceed $2,500.
All outfitter permit fees shall be deposited into the
Wildlife and Fish Fund. The criteria, definitions,
application process, fees, and standards of outfitting
services shall be provided by administrative rule.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 03, 2001.
Approved July 27, 2001.
[ Top ]