State of Illinois
2011 and 2012


Introduced 1/12/2011, by Rep. John D. Cavaletto


520 ILCS 5/2.30  from Ch. 61, par. 2.30
520 ILCS 5/2.33  from Ch. 61, par. 2.33

    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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1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Wildlife Code is amended by changing
5Sections 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
8to hunt with gun, dog, dog and gun, or bow and arrow, gray fox,
9red fox, raccoon, weasel, mink, muskrat, badger, and opossum
10except during the open season which will be set annually by the
11Director between 12:01 a.m., November 1 to 12:00 midnight,
12February 15, both inclusive.
13    It is unlawful for any person to take bobcat or river otter
14in this State at any time.
15    It is unlawful to pursue any fur-bearing mammal with a dog
16or dogs between the hours of sunset and sunrise during the 10
17day period preceding the opening date of the raccoon hunting
18season and the 10 day period following the closing date of the
19raccoon hunting season except that the Department may issue
20field trial permits in accordance with Section 2.34 of this
21Act. A non-resident from a state with more restrictive
22fur-bearer pursuit regulations for any particular species than
23provided for that species in this Act may not pursue that



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1species in Illinois except during the period of time that
2Illinois residents are allowed to pursue that species in the
3non-resident's state of residence. Hound running areas
4approved by the Department shall be exempt from the provisions
5of this Section.
6    It shall be unlawful to take beaver, weasel, or mink or
7muskrat except during the open season set annually by the
8Director, and then, only with traps.
9    It shall be unlawful for any person to trap beaver with
10traps except during the open season which will be set annually
11by the Director between 12:01 a.m., November 1st and 12:00
12midnight, March 31.
13    Coyote may be taken by trapping methods only during the
14period from September 1 to March 1, both inclusive, and by
15hunting methods at any time.
16    Striped skunk may be taken by trapping methods only during
17the period from September 1 to March 1, both inclusive, and by
18hunting methods at any time.
19    Muskrat may be taken by trapping methods during an open
20season set annually by the Director. Muskrat may be taken by
21gun from sunrise to sunset at any time.
22    For the purpose of taking fur-bearing mammals, the State
23may be divided into management zones by administrative rule.
24    The provisions of this Section are subject to modification
25by 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
4refuge unless otherwise permitted by administrative rule.
5    (b) It is unlawful to use or possess any snare or
6snare-like device, deadfall, net, or pit trap to take any
7species, except that snares not powered by springs or other
8mechanical devices may be used to trap fur-bearing mammals, in
9water sets only, if at least one-half of the snare noose is
10located underwater at all times.
11    (c) It is unlawful for any person at any time to take a
12wild mammal protected by this Act from its den by means of any
13mechanical device, spade, or digging device or to use smoke or
14other gases to dislodge or remove such mammal except as
15provided in Section 2.37.
16    (d) It is unlawful to use a ferret or any other small
17mammal which is used in the same or similar manner for which
18ferrets are used for the purpose of frightening or driving any
19mammals from their dens or hiding places.
20    (e) (Blank).
21    (f) It is unlawful to use spears, gigs, hooks or any like
22device to take any species protected by this Act.
23    (g) It is unlawful to use poisons, chemicals or explosives
24for 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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1grass, brush or other inflammable substance when it is burning.
2    (i) It is unlawful to take, pursue or intentionally harass
3or disturb in any manner any wild birds or mammals by use or
4aid of any vehicle or conveyance, except as permitted by the
5Code of Federal Regulations for the taking of waterfowl. It is
6also unlawful to use the lights of any vehicle or conveyance or
7any light from or any light connected to the vehicle or
8conveyance in any area where wildlife may be found except in
9accordance with Section 2.37 of this Act; however, nothing in
10this Section shall prohibit the normal use of headlamps for the
11purpose of driving upon a roadway. Striped skunk, opossum, red
12fox, gray fox, raccoon and coyote may be taken during the open
13season by use of a small light which is worn on the body or
14hand-held by a person on foot and not in any vehicle.
15    (j) It is unlawful to use any shotgun larger than 10 gauge
16while taking or attempting to take any of the species protected
17by this Act.
18    (k) It is unlawful to use or possess in the field any
19shotgun shell loaded with a shot size larger than lead BB or
20steel T (.20 diameter) when taking or attempting to take any
21species of wild game mammals (excluding white-tailed deer),
22wild game birds, migratory waterfowl or migratory game birds
23protected by this Act, except white-tailed deer as provided for
24in 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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1white-tailed deer, with a shotgun loaded with slugs unless
2otherwise provided for by administrative rule.
3    (m) It is unlawful to use any shotgun capable of holding
4more than 3 shells in the magazine or chamber combined, except
5on game breeding and hunting preserve areas licensed under
6Section 3.27 and except as permitted by the Code of Federal
7Regulations for the taking of waterfowl. If the shotgun is
8capable of holding more than 3 shells, it shall, while being
9used on an area other than a game breeding and shooting
10preserve area licensed pursuant to Section 3.27, be fitted with
11a one piece plug that is irremovable without dismantling the
12shotgun or otherwise altered to render it incapable of holding
13more than 3 shells in the magazine and chamber, combined.
14    (n) It is unlawful for any person, except persons who
15possess a permit to hunt from a vehicle as provided in this
16Section and persons otherwise permitted by law, to have or
17carry any gun in or on any vehicle, conveyance or aircraft,
18unless such gun is unloaded and enclosed in a case, except that
19at field trials authorized by Section 2.34 of this Act,
20unloaded guns or guns loaded with blank cartridges only, may be
21carried on horseback while not contained in a case, or to have
22or carry any bow or arrow device in or on any vehicle unless
23such bow or arrow device is unstrung or enclosed in a case, or
24otherwise made inoperable.
25    (o) It is unlawful to use any crossbow for the purpose of
26taking any wild birds or mammals, except as provided for in



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1Section 2.33.
2    (p) It is unlawful to take game birds, migratory game birds
3or migratory waterfowl with a rifle, pistol, revolver or
5    (q) It is unlawful to fire a rifle, pistol, revolver or
6airgun on, over or into any waters of this State, including
7frozen waters, except when taking muskrat with a .22 caliber
9    (r) It is unlawful to discharge any gun or bow and arrow
10device along, upon, across, or from any public right-of-way or
11highway in this State.
12    (s) It is unlawful to use a silencer or other device to
13muffle or mute the sound of the explosion or report resulting
14from the firing of any gun.
15    (t) It is unlawful for any person to trap or hunt, or
16intentionally or wantonly allow a dog to hunt, within or upon
17the land of another, or upon waters flowing over or standing on
18the land of another, without first obtaining permission from
19the owner or tenant. It shall be prima facie evidence that a
20person does not have permission of the owner or tenant if the
21person is unable to demonstrate to the law enforcement officer
22in the field that permission had been obtained. This provision
23may only be rebutted by testimony of the owner or tenant that
24permission had been given. Before enforcing this Section the
25law enforcement officer must have received notice from the
26owner or tenant of a violation of this Section. Statements made



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1to the law enforcement officer regarding this notice shall not
2be rendered inadmissible by the hearsay rule when offered for
3the purpose of showing the required notice.
4    (u) It is unlawful for any person to discharge any firearm
5for the purpose of taking any of the species protected by this
6Act, or hunt with gun or dog, or intentionally or wantonly
7allow a dog to hunt, within 300 yards of an inhabited dwelling
8without first obtaining permission from the owner or tenant,
9except that while trapping, hunting with bow and arrow, hunting
10with dog and shotgun using shot shells only, or hunting with
11shotgun using shot shells only, or on licensed game breeding
12and hunting preserve areas, as defined in Section 3.27, on
13property operated under a Migratory Waterfowl Hunting Area
14Permit, on federally owned and managed lands and on Department
15owned, managed, leased or controlled lands, a 100 yard
16restriction shall apply.
17    (v) It is unlawful for any person to remove fur-bearing
18mammals from, or to move or disturb in any manner, the traps
19owned by another person without written authorization of the
20owner to do so.
21    (w) It is unlawful for any owner of a dog to knowingly or
22wantonly allow his or her dog to pursue, harass or kill deer,
23except that nothing in this Section shall prohibit the tracking
24of wounded deer with a dog in accordance with the provisions of
25Section 2.26 of this Code.
26    (x) It is unlawful for any person to wantonly or carelessly



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1injure or destroy, in any manner whatsoever, any real or
2personal property on the land of another while engaged in
3hunting or trapping thereon.
4    (y) It is unlawful to hunt wild game protected by this Act
5between one half hour after sunset and one half hour before
6sunrise, except that hunting hours between one half hour after
7sunset and one half hour before sunrise may be established by
8administrative rule for fur-bearing mammals.
9    (z) It is unlawful to take any game bird (excluding wild
10turkeys and crippled pheasants not capable of normal flight and
11otherwise irretrievable) protected by this Act when not flying.
12Nothing in this Section shall prohibit a person from carrying
13an uncased, unloaded shotgun in a boat, while in pursuit of a
14crippled migratory waterfowl that is incapable of normal
15flight, for the purpose of attempting to reduce the migratory
16waterfowl to possession, provided that the attempt is made
17immediately upon downing the migratory waterfowl and is done
18within 400 yards of the blind from which the migratory
19waterfowl was downed. This exception shall apply only to
20migratory game birds that are not capable of normal flight.
21Migratory waterfowl that are crippled may be taken only with a
22shotgun as regulated by subsection (j) of this Section using
23shotgun shells as regulated in subsection (k) of this Section.
24    (aa) It is unlawful to use or possess any device that may
25be used for tree climbing or cutting, while hunting fur-bearing
26mammals, excluding coyotes.



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1    (bb) It is unlawful for any person, except licensed game
2breeders, pursuant to Section 2.29 to import, carry into, or
3possess alive in this State any species of wildlife taken
4outside of this State, without obtaining permission to do so
5from the Director.
6    (cc) It is unlawful for any person to have in his or her
7possession any freshly killed species protected by this Act
8during the season closed for taking.
9    (dd) It is unlawful to take any species protected by this
10Act and retain it alive except as provided by administrative
12    (ee) It is unlawful to possess any rifle while in the field
13during gun deer season except as provided in Section 2.26 and
14administrative rules.
15    (ff) It is unlawful for any person to take any species
16protected by this Act, except migratory waterfowl, during the
17gun deer hunting season in those counties open to gun deer
18hunting, unless he or she wears, when in the field, a cap and
19upper outer garment of a solid blaze orange color, with such
20articles of clothing displaying a minimum of 400 square inches
21of blaze orange material.
22    (gg) It is unlawful during the upland game season for any
23person to take upland game with a firearm unless he or she
24wears, while in the field, a cap of solid blaze orange color.
25For purposes of this Act, upland game is defined as Bobwhite
26Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern



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1Cottontail and Swamp Rabbit.
2    (hh) It shall be unlawful to kill or cripple any species
3protected by this Act for which there is a daily bag limit
4without making a reasonable effort to retrieve such species and
5include such in the daily bag limit.
6    (ii) This Section shall apply only to those species
7protected by this Act taken within the State. Any species or
8any parts thereof, legally taken in and transported from other
9states or countries, may be possessed within the State, except
10as provided in this Section and Sections 2.35, 2.36 and 3.21.
11    (jj) Nothing contained in this Section shall prohibit the
12use of bow and arrow, prohibit the use of a crossbow by persons
13age 62 or older, or prevent the Director from issuing permits
14to use a crossbow to handicapped persons as provided by
15administrative rule. As used herein, "handicapped persons"
16means those persons who have a permanent physical impairment
17due to injury or disease, congenital or acquired, which renders
18them so severely disabled as to be unable to use a conventional
19bow and arrow device. Permits will be issued only after the
20receipt of a physician's statement confirming the applicant is
21handicapped as defined above.
22    (kk) Nothing contained in this Section shall prohibit the
23Director from issuing permits to paraplegics or to other
24disabled persons who meet the requirements set forth in
25administrative rule to shoot or hunt from a vehicle as provided
26by that rule, provided that such is otherwise in accord with



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1this Act.
2    (ll) Nothing contained in this Act shall prohibit the
3taking of aquatic life protected by the Fish and Aquatic Life
4Code or birds and mammals protected by this Act, except deer
5and fur-bearing mammals, from a boat not camouflaged or
6disguised to alter its identity or to further provide a place
7of concealment and not propelled by sail or mechanical power.
8However, only shotguns not larger than 10 gauge nor smaller
9than .410 bore loaded with not more than 3 shells of a shot
10size no larger than lead BB or steel T (.20 diameter) may be
11used to take species protected by this Act.
12    (mm) Nothing contained in this Act shall prohibit the use
13of a shotgun, not larger than 10 gauge nor smaller than a 20
14gauge, with a rifled barrel.
15(Source: P.A. 95-196, eff. 1-1-08; 95-329, eff. 8-21-07;
1695-876, eff. 8-21-08; 96-390, eff. 8-13-09.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.