Full Text of HB0006 97th General Assembly
HB0006 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0006 Introduced 1/12/2011, by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.30 | from Ch. 61, par. 2.30 |
520 ILCS 5/2.33 | from Ch. 61, par. 2.33 |
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Amends the Wildlife Code. Provides that muskrats may be hunted at any time by gun. Permits muskrats to be taken by trap during an open season to be set annually by the Director of Natural Resources. Provides that it is lawful to shoot a .22 caliber rifle into the waters of this State when taking muskrats. Effective immediately.
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| | 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 2.30 and 2.33 as follows:
| 6 | | (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
| 7 | | Sec. 2.30. It shall be unlawful for any person to trap or | 8 | | to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, | 9 | | red fox,
raccoon, weasel, mink, muskrat, badger, and opossum | 10 | | except during
the open season which will be set annually by the | 11 | | Director between 12:01
a.m., November 1 to 12:00 midnight, | 12 | | February 15, both inclusive.
| 13 | | It is unlawful for any person to take bobcat or river otter
| 14 | | in this State at any time.
| 15 | | It is unlawful to pursue any fur-bearing mammal with a dog | 16 | | or dogs
between the hours of sunset and sunrise during the 10 | 17 | | day period
preceding the opening date of the raccoon hunting | 18 | | season and the 10 day
period following the closing date of the | 19 | | raccoon hunting season except
that the Department may issue | 20 | | field trial permits in accordance with Section
2.34 of this | 21 | | Act. A non-resident from a state with more restrictive
| 22 | | fur-bearer pursuit regulations for any particular species than | 23 | | provided for
that species in this Act may not pursue that |
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| 1 | | species in Illinois except
during the period of time that | 2 | | Illinois residents are allowed to pursue
that species in the | 3 | | non-resident's state of residence. Hound running areas | 4 | | approved by the Department shall be exempt from the
provisions | 5 | | of this Section.
| 6 | | It shall be unlawful to take beaver, weasel, or mink or | 7 | | muskrat except during
the open season set annually by the | 8 | | Director, and then, only with traps.
| 9 | | It shall be unlawful for any person to trap beaver with | 10 | | traps except during
the open season which will be set annually | 11 | | by the Director between 12:01
a.m., November 1st and 12:00 | 12 | | midnight, March 31.
| 13 | | Coyote may be taken by trapping methods only during the | 14 | | period from
September 1 to March 1, both inclusive, and by | 15 | | hunting methods at any time.
| 16 | | Striped skunk may be taken by trapping methods only during | 17 | | the period
from September 1 to March 1, both inclusive, and by | 18 | | hunting methods at
any time.
| 19 | | Muskrat may be taken by trapping methods during an open | 20 | | season set annually by the Director. Muskrat may be taken by | 21 | | gun from sunrise to sunset at any time. | 22 | | For the purpose of taking fur-bearing mammals, the State | 23 | | may be
divided into management zones by administrative rule.
| 24 | | The provisions of this Section are subject to modification | 25 | | by
administrative rule.
| 26 | | (Source: P.A. 95-196, eff. 1-1-08.)
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| 1 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| 2 | | Sec. 2.33. Prohibitions.
| 3 | | (a) It is unlawful to carry or possess any gun in any
State | 4 | | refuge unless otherwise permitted by administrative rule.
| 5 | | (b) It is unlawful to use or possess any snare or | 6 | | snare-like device,
deadfall, net, or pit trap to take any | 7 | | species, except that snares not
powered by springs or other | 8 | | mechanical devices may be used to trap
fur-bearing mammals, in | 9 | | water sets only, if at least one-half of the snare
noose is | 10 | | located underwater at all times.
| 11 | | (c) It is unlawful for any person at any time to take a | 12 | | wild mammal
protected by this Act from its den by means of any | 13 | | mechanical device,
spade, or digging device or to use smoke or | 14 | | other gases to dislodge or
remove such mammal except as | 15 | | provided in Section 2.37.
| 16 | | (d) It is unlawful to use a ferret or any other small | 17 | | mammal which is
used in the same or similar manner for which | 18 | | ferrets are used for the
purpose of frightening or driving any | 19 | | mammals from their dens or hiding places.
| 20 | | (e) (Blank).
| 21 | | (f) It is unlawful to use spears, gigs, hooks or any like | 22 | | device to
take any species protected by this Act.
| 23 | | (g) It is unlawful to use poisons, chemicals or explosives | 24 | | for the
purpose of taking any species protected by this Act.
| 25 | | (h) It is unlawful to hunt adjacent to or near any peat, |
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| 1 | | grass,
brush or other inflammable substance when it is burning.
| 2 | | (i) It is unlawful to take, pursue or intentionally harass | 3 | | or disturb
in any manner any wild birds or mammals by use or | 4 | | aid of any vehicle or
conveyance, except as permitted by the | 5 | | Code of Federal Regulations for the
taking of waterfowl. It is | 6 | | also unlawful to use the lights of any vehicle
or conveyance or | 7 | | any light from or any light connected to the
vehicle or | 8 | | conveyance in any area where wildlife may be found except in
| 9 | | accordance with Section 2.37 of this Act; however, nothing in | 10 | | this
Section shall prohibit the normal use of headlamps for the | 11 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 12 | | fox, gray
fox, raccoon and coyote may be taken during the open | 13 | | season by use of a small
light which is worn on the body or | 14 | | hand-held by a person on foot and not in any
vehicle.
| 15 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 16 | | while
taking or attempting to take any of the species protected | 17 | | by this Act.
| 18 | | (k) It is unlawful to use or possess in the field any | 19 | | shotgun shell loaded
with a shot size larger than lead BB or | 20 | | steel T (.20 diameter) when taking or
attempting to take any | 21 | | species of wild game mammals (excluding white-tailed
deer), | 22 | | wild game birds, migratory waterfowl or migratory game birds | 23 | | protected
by this Act, except white-tailed deer as provided for | 24 | | in Section 2.26 and other
species as provided for by subsection | 25 | | (l) or administrative rule.
| 26 | | (l) It is unlawful to take any species of wild game, except
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| 1 | | white-tailed deer, with a shotgun loaded with slugs unless | 2 | | otherwise
provided for by administrative rule.
| 3 | | (m) It is unlawful to use any shotgun capable of holding | 4 | | more than 3
shells in the magazine or chamber combined, except | 5 | | on game breeding and
hunting preserve areas licensed under | 6 | | Section 3.27 and except as permitted by
the Code of Federal | 7 | | Regulations for the taking of waterfowl. If the shotgun
is | 8 | | capable of holding more than 3 shells, it shall, while being | 9 | | used on an
area other than a game breeding and shooting | 10 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 11 | | a one piece plug that is
irremovable without dismantling the | 12 | | shotgun or otherwise altered to
render it incapable of holding | 13 | | more than 3 shells in the magazine and
chamber, combined.
| 14 | | (n) It is unlawful for any person, except persons who | 15 | | possess a permit to
hunt from a vehicle as provided in this | 16 | | Section and persons otherwise permitted
by law, to have or | 17 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 18 | | unless such gun is unloaded and enclosed in a case, except that | 19 | | at field trials
authorized by Section 2.34 of this Act, | 20 | | unloaded guns or guns loaded with blank
cartridges only, may be | 21 | | carried on horseback while not contained in a case, or
to have | 22 | | or carry any bow or arrow device in or on any vehicle unless | 23 | | such bow
or arrow device is unstrung or enclosed in a case, or | 24 | | otherwise made
inoperable.
| 25 | | (o) It is unlawful to use any crossbow for the purpose of | 26 | | taking any
wild birds or mammals, except as provided for in |
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| 1 | | Section 2.33.
| 2 | | (p) It is unlawful to take game birds, migratory game birds | 3 | | or
migratory waterfowl with a rifle, pistol, revolver or | 4 | | airgun.
| 5 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 6 | | airgun on,
over or into any waters of this State, including | 7 | | frozen waters , except when taking muskrat with a .22 caliber | 8 | | rifle .
| 9 | | (r) It is unlawful to discharge any gun or bow and arrow | 10 | | device
along, upon, across, or from any public right-of-way or | 11 | | highway in this State.
| 12 | | (s) It is unlawful to use a silencer or other device to | 13 | | muffle or
mute the sound of the explosion or report resulting | 14 | | from the firing of
any gun.
| 15 | | (t) It is unlawful for any person to trap or hunt, or | 16 | | intentionally or wantonly allow a dog to
hunt, within or upon | 17 | | the land of another, or upon waters flowing over or
standing on | 18 | | the land of another, without first obtaining permission from
| 19 | | the owner or tenant. It shall be prima facie evidence that a | 20 | | person does
not have permission of the owner or tenant if the | 21 | | person is unable to
demonstrate to the law enforcement officer | 22 | | in the field that permission had
been obtained. This provision | 23 | | may only be rebutted by testimony of the
owner or tenant that | 24 | | permission had been given. Before enforcing this
Section the | 25 | | law enforcement officer must have received notice from the
| 26 | | owner or tenant of a violation of this Section. Statements made |
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| 1 | | to the
law enforcement officer regarding this notice shall not | 2 | | be rendered
inadmissible by the hearsay rule when offered for | 3 | | the purpose of showing the
required notice.
| 4 | | (u) It is unlawful for any person to discharge any firearm | 5 | | for the purpose
of taking any of the species protected by this | 6 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 7 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 8 | | without
first obtaining permission from the owner or tenant, | 9 | | except that while
trapping, hunting with bow and arrow, hunting | 10 | | with dog and shotgun using shot
shells only, or hunting with | 11 | | shotgun using shot shells only, or
on licensed game breeding | 12 | | and hunting preserve areas, as defined in Section
3.27, on | 13 | | property operated under a Migratory Waterfowl Hunting Area | 14 | | Permit, on
federally owned and managed lands and on Department | 15 | | owned, managed, leased or
controlled lands, a 100 yard | 16 | | restriction shall apply.
| 17 | | (v) It is unlawful for any person to remove fur-bearing | 18 | | mammals from, or
to move or disturb in any manner, the traps | 19 | | owned by another person without
written authorization of the | 20 | | owner to do so.
| 21 | | (w) It is unlawful for any owner of a dog to knowingly or | 22 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 23 | | except that nothing in this Section shall prohibit the tracking | 24 | | of wounded deer with a dog in accordance with the provisions of | 25 | | Section 2.26 of this Code.
| 26 | | (x) It is unlawful for any person to wantonly or carelessly |
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| 1 | | injure
or destroy, in any manner whatsoever, any real or | 2 | | personal property on
the land of another while engaged in | 3 | | hunting or trapping thereon.
| 4 | | (y) It is unlawful to hunt wild game protected by this Act | 5 | | between one
half hour after sunset and one half hour before | 6 | | sunrise, except that
hunting hours between one half hour after | 7 | | sunset and one half hour
before sunrise may be established by | 8 | | administrative rule for fur-bearing
mammals.
| 9 | | (z) It is unlawful to take any game bird (excluding wild | 10 | | turkeys and
crippled pheasants not capable of normal flight and | 11 | | otherwise irretrievable)
protected by this Act when not flying. | 12 | | Nothing in this Section shall prohibit
a person from carrying | 13 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 14 | | crippled migratory waterfowl that is incapable of normal | 15 | | flight, for the
purpose of attempting to reduce the migratory | 16 | | waterfowl to possession, provided
that the attempt is made | 17 | | immediately upon downing the migratory waterfowl and
is done | 18 | | within 400 yards of the blind from which the migratory | 19 | | waterfowl was
downed. This exception shall apply only to | 20 | | migratory game birds that are not
capable of normal flight. | 21 | | Migratory waterfowl that are crippled may be taken
only with a | 22 | | shotgun as regulated by subsection (j) of this Section using
| 23 | | shotgun shells as regulated in subsection (k) of this Section.
| 24 | | (aa) It is unlawful to use or possess any device that may | 25 | | be used for
tree climbing or cutting, while hunting fur-bearing | 26 | | mammals, excluding coyotes.
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| 1 | | (bb) It is unlawful for any person, except licensed game | 2 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 3 | | possess alive in this
State any species of wildlife taken | 4 | | outside of this State, without
obtaining permission to do so | 5 | | from the Director.
| 6 | | (cc) It is unlawful for any person to have in his or her
| 7 | | possession any freshly killed species protected by this Act | 8 | | during the season
closed for taking.
| 9 | | (dd) It is unlawful to take any species protected by this | 10 | | Act and retain
it alive except as provided by administrative | 11 | | rule.
| 12 | | (ee) It is unlawful to possess any rifle while in the field | 13 | | during gun
deer season except as provided in Section 2.26 and | 14 | | administrative rules.
| 15 | | (ff) It is unlawful for any person to take any species | 16 | | protected by
this Act, except migratory waterfowl, during the | 17 | | gun deer hunting season in
those counties open to gun deer | 18 | | hunting, unless he or she wears, when in
the field, a cap and | 19 | | upper outer garment of a solid blaze orange color, with
such | 20 | | articles of clothing displaying a minimum of 400 square inches | 21 | | of
blaze orange material.
| 22 | | (gg) It is unlawful during the upland game season for any | 23 | | person to take
upland game with a firearm unless he or she | 24 | | wears, while in the field, a
cap of solid blaze orange color. | 25 | | For purposes of this Act, upland game is
defined as Bobwhite | 26 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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| 1 | | Cottontail and Swamp Rabbit.
| 2 | | (hh) It shall be unlawful to kill or cripple any species | 3 | | protected by
this Act for which there is a daily bag limit | 4 | | without making a reasonable
effort to retrieve such species and | 5 | | include such in the daily bag limit.
| 6 | | (ii) This Section shall apply only to those species | 7 | | protected by this
Act taken within the State. Any species or | 8 | | any parts thereof, legally taken
in and transported from other | 9 | | states or countries, may be possessed
within the State, except | 10 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 11 | | (jj) Nothing contained in this Section shall prohibit the | 12 | | use of bow
and arrow, prohibit the use of a crossbow by persons | 13 | | age 62 or older, or prevent the Director from issuing permits | 14 | | to use a crossbow
to handicapped persons as provided by | 15 | | administrative rule. As used herein,
"handicapped persons" | 16 | | means those persons who have a permanent physical
impairment | 17 | | due to injury or disease, congenital or acquired, which renders
| 18 | | them so severely disabled as to be unable to use a conventional | 19 | | bow and arrow
device. Permits will be issued only after the | 20 | | receipt of a physician's
statement confirming the applicant is | 21 | | handicapped as defined above.
| 22 | | (kk) Nothing contained in this Section shall prohibit the | 23 | | Director
from issuing permits to paraplegics or to other | 24 | | disabled persons who meet the
requirements set forth in | 25 | | administrative rule to shoot or hunt from a vehicle
as provided | 26 | | by that rule, provided that such is otherwise in accord with |
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| 1 | | this
Act.
| 2 | | (ll) Nothing contained in this Act shall prohibit the | 3 | | taking of aquatic
life protected by the Fish and Aquatic Life | 4 | | Code or birds and mammals
protected by this Act, except deer | 5 | | and fur-bearing mammals, from a boat not
camouflaged or | 6 | | disguised to alter its identity or to further provide a place
| 7 | | of concealment and not propelled by sail or mechanical power. | 8 | | However, only
shotguns not larger than 10 gauge nor smaller | 9 | | than .410 bore loaded with not
more than 3 shells of a shot | 10 | | size no larger than lead BB or steel T (.20
diameter) may be | 11 | | used to take species protected by this Act.
| 12 | | (mm) Nothing contained in this Act shall prohibit the use | 13 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 14 | | gauge, with a rifled barrel.
| 15 | | (Source: P.A. 95-196, eff. 1-1-08; 95-329, eff. 8-21-07; | 16 | | 95-876, eff. 8-21-08; 96-390, eff. 8-13-09.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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