SB2906 Engrossed LRB095 19489 RCE 45785 b

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 Fish and Aquatic Life Code is amended by
5 changing Section 20-45 as follows:
 
6     (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
7     Sec. 20-45. License fees for residents. Fees for licenses
8 for residents of the State of Illinois shall be as follows:
9         (a) Except as otherwise provided in this Section, for
10     sport fishing devices as defined in Section 10-95 or
11     spearing devices as defined in Section 10-110 the fee is
12     $12.50 for individuals 16 to 64 years old, and one-half of
13     the current fishing license fee for individuals age 65 or
14     older, commencing with the 1994 license year.
15         (b) All residents before using any commercial fishing
16     device shall obtain a commercial fishing license, the fee
17     for which shall be $35. Each and every commercial device
18     used shall be licensed by a resident commercial fisherman
19     as follows:
20             (1) For each 100 lineal yards, or fraction thereof,
21         of seine the fee is $18. For each minnow seine, minnow
22         trap, or net for commercial purposes the fee is $20.
23             (2) For each device to fish with a 100 hook trot

 

 

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1         line device, basket trap, hoop net, or dip net the fee
2         is $3.
3             (3) When used in the waters of Lake Michigan, for
4         the first 2000 lineal feet, or fraction thereof, of
5         gill net the fee is $10; and for each 1000 additional
6         lineal feet, or fraction thereof, the fee is $10. These
7         fees shall apply to all gill nets in use in the water
8         or on drying reels on the shore.
9             (4) For each 100 lineal yards, or fraction thereof,
10         of gill net or trammel net the fee is $18.
11         (c) Residents of the State of Illinois may obtain a
12     sportsmen's combination license that shall entitle the
13     holder to the same non-commercial fishing privileges as
14     residents holding a license as described in subsection (a)
15     of this Section and to the same hunting privileges as
16     residents holding a license to hunt all species as
17     described in Section 3.1 of the Wildlife Code. No
18     sportsmen's combination license shall be issued to any
19     individual who would be ineligible for either the fishing
20     or hunting license separately. The sportsmen's combination
21     license fee shall be $18.50. For residents age 65 or older,
22     the fee is one-half of the fee charged for a sportsmen's
23     combination license.
24         (d) For 24 hours of fishing by sport fishing devices as
25     defined in Section 10-95 or by spearing devices as defined
26     in Section 10-110 the fee is $5. This license exempts the

 

 

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1     licensee from the requirement for a salmon or inland trout
2     stamp. The licenses provided for by this subsection are not
3     required for residents of the State of Illinois who have
4     obtained the license provided for in subsection (a) of this
5     Section.
6         (e) All residents before using any commercial mussel
7     device shall obtain a commercial mussel license, the fee
8     for which shall be $50.
9         (f) Residents of this State, upon establishing
10     residency as required by the Department, may obtain a
11     lifetime hunting or fishing license or lifetime
12     sportsmen's combination license which shall entitle the
13     holder to the same non-commercial fishing privileges as
14     residents holding a license as described in paragraph (a)
15     of this Section and to the same hunting privileges as
16     residents holding a license to hunt all species as
17     described in Section 3.1 of the Wildlife Code. No lifetime
18     sportsmen's combination license shall be issued to or
19     retained by any individual who would be ineligible for
20     either the fishing or hunting license separately, either
21     upon issuance, or in any year a violation would subject an
22     individual to have either or both fishing or hunting
23     privileges rescinded. The lifetime hunting and fishing
24     license fees shall be as follows:
25             (1) Lifetime fishing: 30 x the current fishing
26         license fee.

 

 

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1             (2) Lifetime hunting: 30 x the current hunting
2         license fee.
3             (3) Lifetime sportsmen's combination license: 30 x
4         the current sportsmen's combination license fee.
5     Lifetime licenses shall not be refundable. A $10 fee shall
6 be charged for reissuing any lifetime license. The Department
7 may establish rules and regulations for the issuance and use of
8 lifetime licenses and may suspend or revoke any lifetime
9 license issued under this Section for violations of those rules
10 or regulations or other provisions under this Code or the
11 Wildlife Code. Individuals under 16 years of age who possess a
12 lifetime hunting or sportsmen's combination license shall have
13 in their possession, while in the field, a certificate of
14 competency as required under Section 3.2 of the Wildlife Code.
15 Any lifetime license issued under this Section shall not exempt
16 individuals from obtaining additional stamps or permits
17 required under the provisions of this Code or the Wildlife
18 Code. Individuals required to purchase additional stamps shall
19 sign the stamps and have them in their possession while fishing
20 or hunting with a lifetime license. All fees received from the
21 issuance of lifetime licenses shall be deposited in the Fish
22 and Wildlife Endowment Fund.
23     Except for licenses issued under subsection (e) of this
24 Section, all licenses provided for in this Section shall expire
25 on March 31 of each year, except that the license provided for
26 in subsection (d) of this Section shall expire 24 hours after

 

 

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1 the effective date and time listed on the face of the license.
2     Any person on active duty with the Armed Forces of the
3 United States who (i) is now and was at the time of entering
4 the Armed Forces a resident of Illinois, (ii) entered the Armed
5 Forces from this State, and (iii) is presently on leave from
6 the Armed Forces may fish as permitted by this Code without
7 procuring a license, but only during such period of time and
8 only with sport fishing devices as are permitted by this Code.
9     All individuals required to have and failing to have the
10 license provided for in subsection (a) or (d) of this Section
11 shall be fined according to the provisions of Section 20-35 of
12 this Code.
13     All individuals required to have and failing to have the
14 licenses provided for in subsections (b) and (e) of this
15 Section shall be guilty of a Class B misdemeanor.
16 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743,
17 eff. 1-1-99.)
 
18     Section 10. The Wildlife Code is amended by changing
19 Section 3.1 as follows:
 
20     (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
21     Sec. 3.1. License and stamps required.
22     (a) Before any person shall take or attempt to take any of
23 the species protected by Section 2.2 for which an open season
24 is established under this Act, he shall first have procured and

 

 

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1 possess a valid hunting license, except as provided in Section
2 3.1-5 of this Code.
3     Before any person 16 years of age or older shall take or
4 attempt to take any bird of the species defined as migratory
5 waterfowl by Section 2.2, including coots, he shall first have
6 procured a State Migratory Waterfowl Stamp.
7     Before any person 16 years of age or older takes, attempts
8 to take, or pursues any species of wildlife protected by this
9 Code, except migratory waterfowl, coots, and hand-reared birds
10 on licensed game breeding and hunting preserve areas and state
11 controlled pheasant hunting areas, he or she shall first obtain
12 a State Habitat Stamp. Disabled veterans and former prisoners
13 of war shall not be required to obtain State Habitat Stamps.
14 Any person who obtained a lifetime license before January 1,
15 1993, shall not be required to obtain State Habitat Stamps.
16 Income from the sale of State Furbearer Stamps and State
17 Pheasant Stamps received after the effective date of this
18 amendatory Act of 1992 shall be deposited into the State
19 Furbearer Fund and State Pheasant Fund, respectively.
20     Before any person 16 years of age or older shall take,
21 attempt to take, or sell the green hide of any mammal of the
22 species defined as fur-bearing mammals by Section 2.2 for which
23 an open season is established under this Act, he shall first
24 have procured a State Habitat Stamp.
25     (b) Before any person who is a non-resident of the State of
26 Illinois shall take or attempt to take any of the species

 

 

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1 protected by Section 2.2 for which an open season is
2 established under this Act, he shall, unless specifically
3 exempted by law, first procure a non-resident license as
4 provided by this Act for the taking of any wild game.
5     Before a nonresident shall take or attempt to take
6 white-tailed deer, he shall first have procured a Deer Hunting
7 Permit as defined in Section 2.26 of this Code.
8     Before a nonresident shall take or attempt to take wild
9 turkeys, he shall have procured a Wild Turkey Hunting Permit as
10 defined in Section 2.11 of this Code.
11     (c) The owners residing on, or bona fide tenants of, farm
12 lands and their children, parents, brothers, and sisters
13 actually permanently residing on their lands shall have the
14 right to hunt any of the species protected by Section 2.2 upon
15 their lands and waters without procuring hunting licenses; but
16 the hunting shall be done only during periods of time and with
17 devices and by methods as are permitted by this Act. Any person
18 on active duty with the Armed Forces of the United States who
19 is now and who was at the time of entering the Armed Forces a
20 resident of Illinois and who entered the Armed Forces from this
21 State, and who is presently on ordinary leave from the Armed
22 Forces, and any resident of Illinois who is disabled may hunt
23 any of the species protected by Section 2.2 without procuring a
24 hunting license, but the hunting shall be done only during such
25 periods of time and with devices and by methods as are
26 permitted by this Act. For the purpose of this Section a person

 

 

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1 is disabled when that person has a Type 1 or Type 4, Class 2
2 disability as defined in Section 4A of the Illinois
3 Identification Card Act. For purposes of this Section, an
4 Illinois Disabled Person Identification Card issued pursuant
5 to the Illinois Identification Card Act indicating that the
6 person named has a Type 1 or Type 4, Class 2 disability shall
7 be adequate documentation of the disability.
8     (d) A courtesy non-resident license, permit, or stamp for
9 taking game may be issued at the discretion of the Director,
10 without fee, to any person officially employed in the game and
11 fish or conservation department of another state or of the
12 United States who is within the State to assist or consult or
13 cooperate with the Director; or to the officials of other
14 states, the United States, foreign countries, or officers or
15 representatives of conservation organizations or publications
16 while in the State as guests of the Governor or Director. The
17 Director may provide to nonresident participants and official
18 gunners at field trials an exemption from licensure while
19 participating in a field trial.
20     (e) State Migratory Waterfowl Stamps shall be required for
21 those persons qualifying under subsections (c) and (d) who
22 intend to hunt migratory waterfowl, including coots, to the
23 extent that hunting licenses of the various types are
24 authorized and required by this Section for those persons.
25     (f) Registration in the U.S. Fish and Wildlife Migratory
26 Bird Harvest Information Program shall be required for those

 

 

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1 persons who are required to have a hunting license before
2 taking or attempting to take any bird of the species defined as
3 migratory game birds by Section 2.2, except that this
4 subsection shall not apply to crows in this State or
5 hand-reared birds on licensed game breeding and hunting
6 preserve areas, for which an open season is established by this
7 Act. Persons registering with the Program must carry proof of
8 registration with them while migratory bird hunting.
9     The Department shall publish suitable prescribed
10 regulations pertaining to registration by the migratory bird
11 hunter in the U.S. Fish and Wildlife Service Migratory Bird
12 Harvest Information Program.
13 (Source: P.A. 94-1024, eff. 7-14-06.)