SB1704 97TH GENERAL ASSEMBLY

LRB097 10000 CEL 50170 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1704

Introduced 2/9/2011, by Sen. Dan Duffy

SYNOPSIS AS INTRODUCED:

520 ILCS 5/2.33a

from Ch. 61, par. 2.33a

Amends the Wildlife Code. Makes it unlawful to place, set, or maintain a body-gripping trap (other than an underwater set) within 30 feet of bait that is not completely covered and concealed from sight and (ii) to place, set, use, or maintain certain types of traps within one-quarter mile of a residence, school, picnic area, playground, beach, campground, road, highway, public trail, golf course, or parking lot. Exempts certain government employees as well as their duly authorized agents from the latter of these prohibitions if certain conditions are met. Redefines the term "bait" to include certain types of oils. Effective July 1, 2011.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 2.33a as follows:

(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)

Sec. 2.33a. (a) It is unlawful to fail to visit and remove all animals from traps staked out, set, used, tended, placed or maintained at least once each calendar day.

(b) It is unlawful for any person to place, set, use, or maintain a leghold trap or one of similar construction on land, that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or a body-gripping trap or one of similar construction having a jaw spread larger than 7 inches (17.8 CM) on a side if square and 8 inches (20.4 CM) if round;

(c) It is unlawful for any person to place, set, use, or maintain a leghold trap or one of similar construction in water, that has a jaw spread of larger than 7 1/2 inches (19.1 CM), or a body-gripping trap or one of similar construction having a jaw spread larger than 10 inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if round;

(d) It is unlawful to use any trap with saw-toothed, spiked, or toothed jaws;

(e) It is unlawful to destroy, disturb or in any manner interfere with dams, lodges, burrows or feed beds of beaver while trapping for beaver or to set a trap inside a muskrat house or beaver lodge, except that this shall not apply to Drainage Districts who are acting pursuant to the provisions of Section 2.37;

(f) It is unlawful to trap beaver with: (1) a leghold trap or one of similar construction having a jaw spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2 inches (19.1 CM), or (2) a body-gripping trap or one of similar construction having a jaw spread of less than 7 inches (17.7 CM) or more than 10 inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if round, except that these restrictions shall not apply during the open season for trapping muskrats;

(g) It is unlawful to set traps closer than 10 feet (3.05 M) from any hole or den which may be occupied by a game mammal or fur-bearing mammal except that this restriction shall not apply to water sets.

(h) It is unlawful to trap or attempt to trap any fur-bearing mammal with any colony, cage, box, or stove-pipe trap designed to take more than one mammal at a single setting.

(i) It is unlawful for any person to set or place any trap designed to take any fur-bearing mammal protected by this Act during the closed trapping season. Proof that any trap was placed during the closed trapping season shall be deemed prima facie evidence of a violation of this provision.

(j) It is unlawful to place, set, or maintain any leghold or body-gripping trap or one of similar construction within thirty (30) feet (9.14 m) of bait placed in such a manner or position that it is not completely covered and concealed from sight, except that this shall not apply to underwater sets. Bait shall mean and include any bait composed of mammal, bird, or fish oils, flesh, fur, hide, entrails, or feathers.

(k) It shall be unlawful for hunters or trappers to have the green hides of fur-bearing mammals, protected by this Act, in their possession except during the open season and for an additional period of 10 days succeeding such open season.

(l) It is unlawful for any person to place, set, use or maintain a snare trap or one of similar construction in water, that has a loop diameter exceeding 15 inches (38.1 CM) or a cable or wire diameter of more than 1/8 inch (3.2 MM) or less than 5/64 inch (2.0 MM), that is constructed of stainless steel metal cable or wire, and that does not have a mechanical lock, anchor swivel and stop device to prevent the mechanical lock from closing the noose loop to a diameter of less than 2 1/2 inches (6.4 CM).

(m) It is unlawful to place, set, use, or maintain a body-crushing conibear kill-type trap, a leg-hold trap, or a trap of similar construction to either of those traps within one-quarter mile of a residence, school, picnic area, playground, beach, campground, road, highway, public trail, golf course, or parking lot. However, it is not unlawful for federal, State, county, or municipal government employees acting in the course of their employment or duly authorized agents of those persons to engage in these activities if doing so is the only method available to protect public health and safety.

(Source: P.A. 85-152; 86-1354.)

Section 99. Effective date. This Act takes effect July 1, 2011.