Full Text of HB1827 102nd General Assembly
HB1827 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1827 Introduced 2/17/2021, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/1.2g | from Ch. 61, par. 1.2g | 520 ILCS 5/2.30 | from Ch. 61, par. 2.30 | 520 ILCS 5/2.30b | | 520 ILCS 5/2.33 | from Ch. 61, par. 2.33 | 520 ILCS 5/2.30c rep. | |
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Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 1.2g, 2.30, 2.30b, and 2.33 as follows:
| 6 | | (520 ILCS 5/1.2g) (from Ch. 61, par. 1.2g)
| 7 | | Sec. 1.2g.
"Fur-bearing mammals" means the following | 8 | | specific species,
mink, muskrat, raccoon, striped skunk, | 9 | | weasel, bobcat, opossum, beaver,
river otter, badger, red fox, | 10 | | gray
fox, and coyote.
| 11 | | (Source: P.A. 81-382.)
| 12 | | (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
| 13 | | Sec. 2.30. Except as provided in this Section, it shall be | 14 | | unlawful for any person to trap or to hunt
with gun, dog, dog | 15 | | and gun, or bow and arrow, gray fox, red fox,
raccoon, weasel, | 16 | | mink, muskrat, badger, bobcat, and opossum except during
the | 17 | | open season which will be set annually by the Director between | 18 | | 12:01
a.m., November 1 to 12:00 midnight, February 15, both | 19 | | inclusive.
| 20 | | It shall be unlawful for any person to hunt or trap bobcat | 21 | | in this State on and after the effective date of this | 22 | | amendatory Act of the 100th General Assembly in the counties |
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| 1 | | of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage, | 2 | | Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox, | 3 | | Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry, | 4 | | McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson, | 5 | | Vermilion, Will, Winnebago, and Woodford and north of U.S. | 6 | | Route 36 in Edgar and Douglas and north of U.S. Route 36 to the | 7 | | junction with Illinois Route 121 and north or east of Illinois | 8 | | Route 121 in Macon. For the season beginning in 2017, a total | 9 | | number of 350 bobcats may be hunted or trapped lawfully, or the | 10 | | conclusion of the season occurs, whichever is earlier. For the | 11 | | season beginning in 2018, a total number of 375 bobcats may be | 12 | | hunted or trapped lawfully, or the conclusion of the season | 13 | | occurs, whichever is earlier. The changes added to this | 14 | | Section by this amendatory Act of the 100th General Assembly, | 15 | | except for this sentence, are inoperative on and after June | 16 | | 30, 2019 . | 17 | | It is unlawful to pursue any fur-bearing mammal with a dog | 18 | | or dogs
between the hours of sunset and sunrise during the 10 | 19 | | day period
preceding the opening date of the raccoon hunting | 20 | | season and the 10 day
period following the closing date of the | 21 | | raccoon hunting season except
that the Department may issue | 22 | | field trial permits in accordance with Section
2.34 of this | 23 | | Act. A non-resident from a state with more restrictive
| 24 | | fur-bearer pursuit regulations for any particular species than | 25 | | provided for
that species in this Act may not pursue that | 26 | | species in Illinois except
during the period of time that |
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| 1 | | Illinois residents are allowed to pursue
that species in the | 2 | | non-resident's state of residence. Hound running areas | 3 | | approved by the Department shall be exempt from the
provisions | 4 | | of this Section.
| 5 | | It shall be unlawful to take beaver, river otter, weasel, | 6 | | mink, or muskrat except during
the open season set annually by | 7 | | the Director, and then, only with traps, except that a | 8 | | firearm, pistol, or airgun of a caliber not larger than a .22 | 9 | | long rifle may be used to remove the animal from the trap.
| 10 | | It shall be unlawful for any person to trap beaver or river | 11 | | otter with traps except during
the open season which will be | 12 | | set annually by the Director between 12:01
a.m., November 1st | 13 | | and 12:00 midnight, March 31, both inclusive.
| 14 | | Coyote may be taken by trapping methods only during the | 15 | | period from
September 1 to March 1, both inclusive, and by | 16 | | hunting methods at any time.
| 17 | | Striped skunk may be taken by trapping methods only during | 18 | | the period
from September 1 to March 1, both inclusive, and by | 19 | | hunting methods at
any time.
| 20 | | Muskrat may be taken by trapping methods during an open | 21 | | season set annually by the Director. | 22 | | For the purpose of taking fur-bearing mammals, the State | 23 | | may be
divided into management zones by administrative rule.
| 24 | | It shall be unlawful to take or possess more than the | 25 | | season limit or possession limit of fur-bearing mammals that | 26 | | shall be set annually by the Director. The season limit for |
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| 1 | | bobcat shall not exceed one bobcat per permit. Possession | 2 | | limits shall not apply to fur buyers, tanners, manufacturers, | 3 | | and taxidermists, as defined by this Act, who possess | 4 | | fur-bearing mammals in accordance with laws governing such | 5 | | activities. | 6 | | Nothing in this Section shall prohibit the taking or | 7 | | possessing of fur-bearing mammals found dead or | 8 | | unintentionally killed by a vehicle along a roadway during the | 9 | | open season provided the person who possesses such fur-bearing | 10 | | mammals has all appropriate licenses, stamps, or permits; the | 11 | | season for which the species possessed is open; and that such | 12 | | possession and disposal of such fur-bearing mammals is | 13 | | otherwise subject to the provisions of this Section. | 14 | | The provisions of this Section are subject to modification | 15 | | by administrative rule. | 16 | | (Source: P.A. 99-33, eff. 1-1-16; 100-524, eff. 9-22-17; | 17 | | 100-779, eff. 8-10-18.)
| 18 | | (520 ILCS 5/2.30b) | 19 | | Sec. 2.30b. River otter and bobcat pelts. The pelts of | 20 | | river otters and bobcats shall be tagged in accordance with | 21 | | federal regulation 50 CFR 23.69(e). The Department may require | 22 | | harvest registration and set forth procedures, fees for | 23 | | registration, and the process of tagging pelts in | 24 | | administrative rules. Fees for registration and tagging shall | 25 | | not exceed $5 per pelt.
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| 1 | | (Source: P.A. 99-33, eff. 1-1-16 .)
| 2 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 3 | | Sec. 2.33. Prohibitions.
| 4 | | (a) It is unlawful to carry or possess any gun in any
State | 5 | | refuge unless otherwise permitted by administrative rule.
| 6 | | (b) It is unlawful to use or possess any snare or | 7 | | snare-like device,
deadfall, net, or pit trap to take any | 8 | | species, except that snares not
powered by springs or other | 9 | | mechanical devices may be used to trap
fur-bearing mammals, in | 10 | | water sets only, if at least one-half of the snare
noose is | 11 | | located underwater at all times.
| 12 | | (c) It is unlawful for any person at any time to take a | 13 | | wild mammal
protected by this Act from its den by means of any | 14 | | mechanical device,
spade, or digging device or to use smoke or | 15 | | other gases to dislodge or
remove such mammal except as | 16 | | provided in Section 2.37.
| 17 | | (d) It is unlawful to use a ferret or any other small | 18 | | mammal which is
used in the same or similar manner for which | 19 | | ferrets are used for the
purpose of frightening or driving any | 20 | | mammals from their dens or hiding places.
| 21 | | (e) (Blank).
| 22 | | (f) It is unlawful to use spears, gigs, hooks or any like | 23 | | device to
take any species protected by this Act.
| 24 | | (g) It is unlawful to use poisons, chemicals or explosives | 25 | | for the
purpose of taking any species protected by this Act.
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| 1 | | (h) It is unlawful to hunt adjacent to or near any peat, | 2 | | grass,
brush or other inflammable substance when it is | 3 | | burning.
| 4 | | (i) It is unlawful to take, pursue or intentionally harass | 5 | | or disturb
in any manner any wild birds or mammals by use or | 6 | | aid of any vehicle or
conveyance, except as permitted by the | 7 | | Code of Federal Regulations for the
taking of waterfowl. It is | 8 | | also unlawful to use the lights of any vehicle
or conveyance or | 9 | | any light from or any light connected to the
vehicle or | 10 | | conveyance in any area where wildlife may be found except in
| 11 | | accordance with Section 2.37 of this Act; however, nothing in | 12 | | this
Section shall prohibit the normal use of headlamps for | 13 | | the purpose of driving
upon a roadway. Striped skunk, opossum, | 14 | | red fox, gray
fox, raccoon, bobcat, and coyote may be taken | 15 | | during the open season by use of a small
light which is worn on | 16 | | the body or hand-held by a person on foot and not in any
| 17 | | vehicle.
| 18 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 19 | | while
taking or attempting to take any of the species | 20 | | protected by this Act.
| 21 | | (k) It is unlawful to use or possess in the field any | 22 | | shotgun shell loaded
with a shot size larger than lead BB or | 23 | | steel T (.20 diameter) when taking or
attempting to take any | 24 | | species of wild game mammals (excluding white-tailed
deer), | 25 | | wild game birds, migratory waterfowl or migratory game birds | 26 | | protected
by this Act, except white-tailed deer as provided |
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| 1 | | for in Section 2.26 and other
species as provided for by | 2 | | subsection (l) or administrative rule.
| 3 | | (l) It is unlawful to take any species of wild game, except
| 4 | | white-tailed deer and fur-bearing mammals, with a shotgun | 5 | | loaded with slugs unless otherwise
provided for by | 6 | | administrative rule.
| 7 | | (m) It is unlawful to use any shotgun capable of holding | 8 | | more than 3
shells in the magazine or chamber combined, except | 9 | | on game breeding and
hunting preserve areas licensed under | 10 | | Section 3.27 and except as permitted by
the Code of Federal | 11 | | Regulations for the taking of waterfowl. If the shotgun
is | 12 | | capable of holding more than 3 shells, it shall, while being | 13 | | used on an
area other than a game breeding and shooting | 14 | | preserve area licensed
pursuant to Section 3.27, be fitted | 15 | | with a one piece plug that is
irremovable without dismantling | 16 | | the shotgun or otherwise altered to
render it incapable of | 17 | | holding more than 3 shells in the magazine and
chamber, | 18 | | combined.
| 19 | | (n) It is unlawful for any person, except persons who | 20 | | possess a permit to
hunt from a vehicle as provided in this | 21 | | Section and persons otherwise permitted
by law, to have or | 22 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 23 | | unless such gun is unloaded and enclosed in a case, except that | 24 | | at field trials
authorized by Section 2.34 of this Act, | 25 | | unloaded guns or guns loaded with blank
cartridges only, may | 26 | | be carried on horseback while not contained in a case, or
to |
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| 1 | | have or carry any bow or arrow device in or on any vehicle | 2 | | unless such bow
or arrow device is unstrung or enclosed in a | 3 | | case, or otherwise made
inoperable.
| 4 | | (o) (Blank).
| 5 | | (p) It is unlawful to take game birds, migratory game | 6 | | birds or
migratory waterfowl with a rifle, pistol, revolver or | 7 | | airgun.
| 8 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 9 | | airgun on,
over or into any waters of this State, including | 10 | | frozen waters.
| 11 | | (r) It is unlawful to discharge any gun or bow and arrow | 12 | | device
along, upon, across, or from any public right-of-way or | 13 | | highway in this State.
| 14 | | (s) It is unlawful to use a silencer or other device to | 15 | | muffle or
mute the sound of the explosion or report resulting | 16 | | from the firing of
any gun.
| 17 | | (t) It is unlawful for any person to take or attempt to | 18 | | take any species of wildlife or parts thereof, intentionally | 19 | | or wantonly allow a dog to
hunt, within or upon the land of | 20 | | another, or upon waters flowing over or
standing on the land of | 21 | | another, or to knowingly shoot a gun or bow and arrow device at | 22 | | any wildlife physically on or flying over the property of | 23 | | another without first obtaining permission from
the owner or | 24 | | the owner's designee. For the purposes of this Section, the | 25 | | owner's designee means anyone who the owner designates in a | 26 | | written authorization and the authorization must contain (i) |
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| 1 | | the legal or common description of property for such authority | 2 | | is given, (ii) the extent that the owner's designee is | 3 | | authorized to make decisions regarding who is allowed to take | 4 | | or attempt to take any species of wildlife or parts thereof, | 5 | | and (iii) the owner's notarized signature. Before enforcing | 6 | | this
Section the law enforcement officer must have received | 7 | | notice from the
owner or the owner's designee of a violation of | 8 | | this Section. Statements made to the
law enforcement officer | 9 | | regarding this notice shall not be rendered
inadmissible by | 10 | | the hearsay rule when offered for the purpose of showing the
| 11 | | required notice.
| 12 | | (u) It is unlawful for any person to discharge any firearm | 13 | | for the purpose
of taking any of the species protected by this | 14 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 15 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 16 | | without
first obtaining permission from the owner or tenant, | 17 | | except that while
trapping, hunting with bow and arrow, | 18 | | hunting with dog and shotgun using shot
shells only, or | 19 | | hunting with shotgun using shot shells only, or providing | 20 | | outfitting services under a waterfowl outfitter permit, or
on | 21 | | licensed game breeding and hunting preserve areas, as defined | 22 | | in Section
3.27, on
federally owned and managed lands and on | 23 | | Department owned, managed, leased, or
controlled lands, a 100 | 24 | | yard restriction shall apply.
| 25 | | (v) It is unlawful for any person to remove fur-bearing | 26 | | mammals from, or
to move or disturb in any manner, the traps |
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| 1 | | owned by another person without
written authorization of the | 2 | | owner to do so.
| 3 | | (w) It is unlawful for any owner of a dog to knowingly or | 4 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 5 | | except that nothing in this Section shall prohibit the | 6 | | tracking of wounded deer with a dog in accordance with the | 7 | | provisions of Section 2.26 of this Code.
| 8 | | (x) It is unlawful for any person to wantonly or | 9 | | carelessly injure
or destroy, in any manner whatsoever, any | 10 | | real or personal property on
the land of another while engaged | 11 | | in hunting or trapping thereon.
| 12 | | (y) It is unlawful to hunt wild game protected by this Act | 13 | | between one
half hour after sunset and one half hour before | 14 | | sunrise, except that
hunting hours between one half hour after | 15 | | sunset and one half hour
before sunrise may be established by | 16 | | administrative rule for fur-bearing
mammals.
| 17 | | (z) It is unlawful to take any game bird (excluding wild | 18 | | turkeys and
crippled pheasants not capable of normal flight | 19 | | and otherwise irretrievable)
protected by this Act when not | 20 | | flying. Nothing in this Section shall prohibit
a person from | 21 | | carrying an uncased, unloaded shotgun in a boat, while in | 22 | | pursuit
of a crippled migratory waterfowl that is incapable of | 23 | | normal flight, for the
purpose of attempting to reduce the | 24 | | migratory waterfowl to possession, provided
that the attempt | 25 | | is made immediately upon downing the migratory waterfowl and
| 26 | | is done within 400 yards of the blind from which the migratory |
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| 1 | | waterfowl was
downed. This exception shall apply only to | 2 | | migratory game birds that are not
capable of normal flight. | 3 | | Migratory waterfowl that are crippled may be taken
only with a | 4 | | shotgun as regulated by subsection (j) of this Section using
| 5 | | shotgun shells as regulated in subsection (k) of this Section.
| 6 | | (aa) It is unlawful to use or possess any device that may | 7 | | be used for
tree climbing or cutting, while hunting | 8 | | fur-bearing mammals, excluding coyotes.
| 9 | | (bb) It is unlawful for any person, except licensed game | 10 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 11 | | possess alive in this
State any species of wildlife taken | 12 | | outside of this State, without
obtaining permission to do so | 13 | | from the Director.
| 14 | | (cc) It is unlawful for any person to have in his or her
| 15 | | possession any freshly killed species protected by this Act | 16 | | during the season
closed for taking.
| 17 | | (dd) It is unlawful to take any species protected by this | 18 | | Act and retain
it alive except as provided by administrative | 19 | | rule.
| 20 | | (ee) It is unlawful to possess any rifle while in the field | 21 | | during gun
deer season except as provided in Section 2.26 and | 22 | | administrative rules.
| 23 | | (ff) It is unlawful for any person to take any species | 24 | | protected by
this Act, except migratory waterfowl, during the | 25 | | gun deer hunting season in
those counties open to gun deer | 26 | | hunting, unless he or she wears, when in
the field, a cap and |
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| 1 | | upper outer garment of a solid blaze orange color or solid | 2 | | blaze pink color, with
such articles of clothing displaying a | 3 | | minimum of 400 square inches of
blaze orange or solid blaze | 4 | | pink color material.
| 5 | | (gg) It is unlawful during the upland game season for any | 6 | | person to take
upland game with a firearm unless he or she | 7 | | wears, while in the field, a
cap of solid blaze orange color or | 8 | | solid blaze pink color. For purposes of this Act, upland game | 9 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | 10 | | Pheasant, Eastern
Cottontail and Swamp Rabbit.
| 11 | | (hh) It shall be unlawful to kill or cripple any species | 12 | | protected by
this Act for which there is a bag limit without | 13 | | making a reasonable
effort to retrieve such species and | 14 | | include such in the bag limit. It shall be unlawful for any | 15 | | person having control over harvested game mammals, game birds, | 16 | | or migratory game birds for which there is a bag limit to | 17 | | wantonly waste or destroy the usable meat of the game, except | 18 | | this shall not apply to wildlife taken under Sections 2.37 or | 19 | | 3.22 of this Code. For purposes of this subsection, "usable | 20 | | meat" means the breast meat of a game bird or migratory game | 21 | | bird and the hind ham and front shoulders of a game mammal. It | 22 | | shall be unlawful for any person to place, leave, dump, or | 23 | | abandon a wildlife carcass or parts of it along or upon a | 24 | | public right-of-way or highway or on public or private | 25 | | property, including a waterway or stream, without the | 26 | | permission of the owner or tenant. It shall not be unlawful to |
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| 1 | | discard game meat that is determined to be unfit for human | 2 | | consumption.
| 3 | | (ii) This Section shall apply only to those species | 4 | | protected by this
Act taken within the State. Any species or | 5 | | any parts thereof, legally taken
in and transported from other | 6 | | states or countries, may be possessed
within the State, except | 7 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 8 | | (jj) (Blank).
| 9 | | (kk) Nothing contained in this Section shall prohibit the | 10 | | Director
from issuing permits to paraplegics or to other | 11 | | persons with disabilities who meet the
requirements set forth | 12 | | in administrative rule to shoot or hunt from a vehicle
as | 13 | | provided by that rule, provided that such is otherwise in | 14 | | accord with this
Act.
| 15 | | (ll) Nothing contained in this Act shall prohibit the | 16 | | taking of aquatic
life protected by the Fish and Aquatic Life | 17 | | Code or birds and mammals
protected by this Act, except deer | 18 | | and fur-bearing mammals, from a boat not
camouflaged or | 19 | | disguised to alter its identity or to further provide a place
| 20 | | of concealment and not propelled by sail or mechanical power. | 21 | | However, only
shotguns not larger than 10 gauge nor smaller | 22 | | than .410 bore loaded with not
more than 3 shells of a shot | 23 | | size no larger than lead BB or steel T (.20
diameter) may be | 24 | | used to take species protected by this Act.
| 25 | | (mm) Nothing contained in this Act shall prohibit the use | 26 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
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| 1 | | gauge, with a rifled barrel.
| 2 | | (nn) It shall be unlawful to possess any species of | 3 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 4 | | other state, or any other country, whether or not the wildlife | 5 | | or wildlife parts is indigenous to Illinois. For the purposes | 6 | | of this subsection, the statute of limitations for unlawful | 7 | | possession of wildlife or wildlife parts shall not cease until | 8 | | 2 years after the possession has permanently ended. | 9 | | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; | 10 | | 99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. | 11 | | 1-1-19 .)
| 12 | | (520 ILCS 5/2.30c rep.) | 13 | | Section 10. The Wildlife Code is amended by repealing | 14 | | Section 2.30c.
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