Illinois General Assembly - Full Text of HB4226
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Full Text of HB4226  98th General Assembly

HB4226 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4226

 

Introduced , by Rep. Brandon W. Phelps - Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
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 5/2.33a  from Ch. 61, par. 2.33a

    Amends the Wildlife Code. Removes the prohibition on taking bobcats in the State. Provides that it shall be unlawful for any person to trap or to hunt bobcats with gun, dog, dog and gun, or bow and arrow, except during the open season which will be set annually by the Director of Natural Resources between 12:01 a.m., November 1 to 12:00 midnight, February 15, both inclusive. Provides that the season limit for bobcat shall not exceed one bobcat per person per season. Provides that the pelts of bobcats shall be tagged in accordance with federal regulations and the Department of Natural Resources may require harvest registration and set forth procedures, fees for registration, and the process of tagging pelts in administrative rules. Provides that bobcats may be taken during the open season by use of a small light which is worn on the body or hand-held by a person on foot and not in any vehicle.


LRB098 15947 MGM 50994 b

 

 

A BILL FOR

 

HB4226LRB098 15947 MGM 50994 b

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, 2.30b, 2.33, and 2.33a 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, bobcat, and
10opossum except during the open season which will be set
11annually by the Director between 12:01 a.m., November 1 to
1212:00 midnight, February 15, both inclusive.
13    It is unlawful for any person to take bobcat in this State
14at 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, river otter, weasel,
7mink or muskrat except during the open season set annually by
8the Director, and then, only with traps.
9    It shall be unlawful for any person to trap beaver or river
10otter with traps except during the open season which will be
11set annually by the Director between 12:01 a.m., November 1st
12and 12:00 midnight, March 31, both inclusive.
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.
21    For the purpose of taking fur-bearing mammals, the State
22may be divided into management zones by administrative rule.
23    It shall be unlawful to take or possess more than the
24season limit or possession limit of fur-bearing mammals that
25shall be set annually by the Director. The season limit for
26river otter shall not exceed 5 river otters per person per

 

 

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1season. The season limit for bobcat shall not exceed one bobcat
2per person per season. Possession limits shall not apply to fur
3buyers, tanners, manufacturers, and taxidermists, as defined
4by this Act, who possess fur-bearing mammals in accordance with
5laws governing such activities.
6    Nothing in this Section shall prohibit the taking or
7possessing of fur-bearing mammals found dead or
8unintentionally killed by a vehicle along a roadway during the
9open season provided the person who possesses such fur-bearing
10mammals has all appropriate licenses, stamps, or permits; the
11season for which the species possessed is open; and that such
12possession and disposal of such fur-bearing mammals is
13otherwise subject to the provisions of this Section.
14    The provisions of this Section are subject to modification
15by administrative rule.
16(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-628,
17eff. 11-10-11; 98-463, eff. 8-16-13.)
 
18    (520 ILCS 5/2.30b)
19    Sec. 2.30b. River otter and bobcat pelts. The pelts of
20river otters and bobcats shall be tagged in accordance with
21federal regulation 50 CFR 23.69(e). The Department may require
22harvest registration and set forth procedures, fees for
23registration, and the process of tagging pelts in
24administrative rules. Fees for registration and tagging shall
25not exceed $5 per pelt.

 

 

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1(Source: P.A. 97-31, eff. 6-28-11.)
 
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
5refuge unless otherwise permitted by administrative rule.
6    (b) It is unlawful to use or possess any snare or
7snare-like device, deadfall, net, or pit trap to take any
8species, except that snares not powered by springs or other
9mechanical devices may be used to trap fur-bearing mammals, in
10water sets only, if at least one-half of the snare noose is
11located underwater at all times.
12    (c) It is unlawful for any person at any time to take a
13wild mammal protected by this Act from its den by means of any
14mechanical device, spade, or digging device or to use smoke or
15other gases to dislodge or remove such mammal except as
16provided in Section 2.37.
17    (d) It is unlawful to use a ferret or any other small
18mammal which is used in the same or similar manner for which
19ferrets are used for the purpose of frightening or driving any
20mammals from their dens or hiding places.
21    (e) (Blank).
22    (f) It is unlawful to use spears, gigs, hooks or any like
23device to take any species protected by this Act.
24    (g) It is unlawful to use poisons, chemicals or explosives
25for 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,
2grass, brush or other inflammable substance when it is burning.
3    (i) It is unlawful to take, pursue or intentionally harass
4or disturb in any manner any wild birds or mammals by use or
5aid of any vehicle or conveyance, except as permitted by the
6Code of Federal Regulations for the taking of waterfowl. It is
7also unlawful to use the lights of any vehicle or conveyance or
8any light from or any light connected to the vehicle or
9conveyance in any area where wildlife may be found except in
10accordance with Section 2.37 of this Act; however, nothing in
11this Section shall prohibit the normal use of headlamps for the
12purpose of driving upon a roadway. Striped skunk, opossum, red
13fox, gray fox, raccoon, bobcat, and coyote may be taken during
14the open season by use of a small light which is worn on the
15body or hand-held by a person on foot and not in any vehicle.
16    (j) It is unlawful to use any shotgun larger than 10 gauge
17while taking or attempting to take any of the species protected
18by this Act.
19    (k) It is unlawful to use or possess in the field any
20shotgun shell loaded with a shot size larger than lead BB or
21steel T (.20 diameter) when taking or attempting to take any
22species of wild game mammals (excluding white-tailed deer),
23wild game birds, migratory waterfowl or migratory game birds
24protected by this Act, except white-tailed deer as provided for
25in Section 2.26 and other species as provided for by subsection
26(l) or administrative rule.

 

 

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1    (l) It is unlawful to take any species of wild game, except
2white-tailed deer and fur-bearing mammals, with a shotgun
3loaded with slugs unless otherwise provided for by
4administrative rule.
5    (m) It is unlawful to use any shotgun capable of holding
6more than 3 shells in the magazine or chamber combined, except
7on game breeding and hunting preserve areas licensed under
8Section 3.27 and except as permitted by the Code of Federal
9Regulations for the taking of waterfowl. If the shotgun is
10capable of holding more than 3 shells, it shall, while being
11used on an area other than a game breeding and shooting
12preserve area licensed pursuant to Section 3.27, be fitted with
13a one piece plug that is irremovable without dismantling the
14shotgun or otherwise altered to render it incapable of holding
15more than 3 shells in the magazine and chamber, combined.
16    (n) It is unlawful for any person, except persons who
17possess a permit to hunt from a vehicle as provided in this
18Section and persons otherwise permitted by law, to have or
19carry any gun in or on any vehicle, conveyance or aircraft,
20unless such gun is unloaded and enclosed in a case, except that
21at field trials authorized by Section 2.34 of this Act,
22unloaded guns or guns loaded with blank cartridges only, may be
23carried on horseback while not contained in a case, or to have
24or carry any bow or arrow device in or on any vehicle unless
25such bow or arrow device is unstrung or enclosed in a case, or
26otherwise made inoperable.

 

 

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1    (o) It is unlawful to use any crossbow for the purpose of
2taking any wild birds or mammals, except as provided for in
3Section 2.5.
4    (p) It is unlawful to take game birds, migratory game birds
5or migratory waterfowl with a rifle, pistol, revolver or
6airgun.
7    (q) It is unlawful to fire a rifle, pistol, revolver or
8airgun on, over or into any waters of this State, including
9frozen waters.
10    (r) It is unlawful to discharge any gun or bow and arrow
11device along, upon, across, or from any public right-of-way or
12highway in this State.
13    (s) It is unlawful to use a silencer or other device to
14muffle or mute the sound of the explosion or report resulting
15from the firing of any gun.
16    (t) It is unlawful for any person to take or attempt to
17take any species of wildlife or parts thereof, intentionally or
18wantonly allow a dog to hunt, within or upon the land of
19another, or upon waters flowing over or standing on the land of
20another, or to knowingly shoot a gun or bow and arrow device at
21any wildlife physically on or flying over the property of
22another without first obtaining permission from the owner or
23the owner's designee. For the purposes of this Section, the
24owner's designee means anyone who the owner designates in a
25written authorization and the authorization must contain (i)
26the legal or common description of property for such authority

 

 

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1is given, (ii) the extent that the owner's designee is
2authorized to make decisions regarding who is allowed to take
3or attempt to take any species of wildlife or parts thereof,
4and (iii) the owner's notarized signature. Before enforcing
5this Section the law enforcement officer must have received
6notice from the owner or the owner's designee of a violation of
7this Section. Statements made to the law enforcement officer
8regarding this notice shall not be rendered inadmissible by the
9hearsay rule when offered for the purpose of showing the
10required notice.
11    (u) It is unlawful for any person to discharge any firearm
12for the purpose of taking any of the species protected by this
13Act, or hunt with gun or dog, or intentionally or wantonly
14allow a dog to hunt, within 300 yards of an inhabited dwelling
15without first obtaining permission from the owner or tenant,
16except that while trapping, hunting with bow and arrow, hunting
17with dog and shotgun using shot shells only, or hunting with
18shotgun using shot shells only, or on licensed game breeding
19and hunting preserve areas, as defined in Section 3.27, on
20property operated under a Migratory Waterfowl Hunting Area
21Permit, on federally owned and managed lands and on Department
22owned, managed, leased or controlled lands, a 100 yard
23restriction shall apply.
24    (v) It is unlawful for any person to remove fur-bearing
25mammals from, or to move or disturb in any manner, the traps
26owned by another person without written authorization of the

 

 

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1owner to do so.
2    (w) It is unlawful for any owner of a dog to knowingly or
3wantonly allow his or her dog to pursue, harass or kill deer,
4except that nothing in this Section shall prohibit the tracking
5of wounded deer with a dog in accordance with the provisions of
6Section 2.26 of this Code.
7    (x) It is unlawful for any person to wantonly or carelessly
8injure or destroy, in any manner whatsoever, any real or
9personal property on the land of another while engaged in
10hunting or trapping thereon.
11    (y) It is unlawful to hunt wild game protected by this Act
12between one half hour after sunset and one half hour before
13sunrise, except that hunting hours between one half hour after
14sunset and one half hour before sunrise may be established by
15administrative rule for fur-bearing mammals.
16    (z) It is unlawful to take any game bird (excluding wild
17turkeys and crippled pheasants not capable of normal flight and
18otherwise irretrievable) protected by this Act when not flying.
19Nothing in this Section shall prohibit a person from carrying
20an uncased, unloaded shotgun in a boat, while in pursuit of a
21crippled migratory waterfowl that is incapable of normal
22flight, for the purpose of attempting to reduce the migratory
23waterfowl to possession, provided that the attempt is made
24immediately upon downing the migratory waterfowl and is done
25within 400 yards of the blind from which the migratory
26waterfowl was downed. This exception shall apply only to

 

 

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1migratory game birds that are not capable of normal flight.
2Migratory waterfowl that are crippled may be taken only with a
3shotgun as regulated by subsection (j) of this Section using
4shotgun shells as regulated in subsection (k) of this Section.
5    (aa) It is unlawful to use or possess any device that may
6be used for tree climbing or cutting, while hunting fur-bearing
7mammals, excluding coyotes.
8    (bb) It is unlawful for any person, except licensed game
9breeders, pursuant to Section 2.29 to import, carry into, or
10possess alive in this State any species of wildlife taken
11outside of this State, without obtaining permission to do so
12from the Director.
13    (cc) It is unlawful for any person to have in his or her
14possession any freshly killed species protected by this Act
15during the season closed for taking.
16    (dd) It is unlawful to take any species protected by this
17Act and retain it alive except as provided by administrative
18rule.
19    (ee) It is unlawful to possess any rifle while in the field
20during gun deer season except as provided in Section 2.26 and
21administrative rules.
22    (ff) It is unlawful for any person to take any species
23protected by this Act, except migratory waterfowl, during the
24gun deer hunting season in those counties open to gun deer
25hunting, unless he or she wears, when in the field, a cap and
26upper outer garment of a solid blaze orange color, with such

 

 

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1articles of clothing displaying a minimum of 400 square inches
2of blaze orange material.
3    (gg) It is unlawful during the upland game season for any
4person to take upland game with a firearm unless he or she
5wears, while in the field, a cap of solid blaze orange color.
6For purposes of this Act, upland game is defined as Bobwhite
7Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
8Cottontail and Swamp Rabbit.
9    (hh) It shall be unlawful to kill or cripple any species
10protected by this Act for which there is a bag limit without
11making a reasonable effort to retrieve such species and include
12such in the bag limit. It shall be unlawful for any person
13having control over harvested game mammals, game birds, or
14migratory game birds for which there is a bag limit to wantonly
15waste or destroy the usable meat of the game, except this shall
16not apply to wildlife taken under Sections 2.37 or 3.22 of this
17Code. For purposes of this subsection, "usable meat" means the
18breast meat of a game bird or migratory game bird and the hind
19ham and front shoulders of a game mammal. It shall be unlawful
20for any person to place, leave, dump, or abandon a wildlife
21carcass or parts of it along or upon a public right-of-way or
22highway or on public or private property, including a waterway
23or stream, without the permission of the owner or tenant. It
24shall not be unlawful to discard game meat that is determined
25to be unfit for human consumption.
26    (ii) This Section shall apply only to those species

 

 

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1protected by this Act taken within the State. Any species or
2any parts thereof, legally taken in and transported from other
3states or countries, may be possessed within the State, except
4as provided in this Section and Sections 2.35, 2.36 and 3.21.
5    (jj) (Blank).
6    (kk) Nothing contained in this Section shall prohibit the
7Director from issuing permits to paraplegics or to other
8disabled persons who meet the requirements set forth in
9administrative rule to shoot or hunt from a vehicle as provided
10by that rule, provided that such is otherwise in accord with
11this Act.
12    (ll) Nothing contained in this Act shall prohibit the
13taking of aquatic life protected by the Fish and Aquatic Life
14Code or birds and mammals protected by this Act, except deer
15and fur-bearing mammals, from a boat not camouflaged or
16disguised to alter its identity or to further provide a place
17of concealment and not propelled by sail or mechanical power.
18However, only shotguns not larger than 10 gauge nor smaller
19than .410 bore loaded with not more than 3 shells of a shot
20size no larger than lead BB or steel T (.20 diameter) may be
21used to take species protected by this Act.
22    (mm) Nothing contained in this Act shall prohibit the use
23of a shotgun, not larger than 10 gauge nor smaller than a 20
24gauge, with a rifled barrel.
25    (nn) It shall be unlawful to possess any species of
26wildlife or wildlife parts taken unlawfully in Illinois, any

 

 

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1other state, or any other country, whether or not the wildlife
2or wildlife parts is indigenous to Illinois. For the purposes
3of this subsection, the statute of limitations for unlawful
4possession of wildlife or wildlife parts shall not cease until
52 years after the possession has permanently ended.
6(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
798-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
898-290, eff. 8-9-13; revised 9-24-13.)
 
9    (520 ILCS 5/2.33a)  (from Ch. 61, par. 2.33a)
10    Sec. 2.33a. Trapping.
11    (a) It is unlawful to fail to visit and remove all animals
12from traps staked out, set, used, tended, placed or maintained
13at least once each calendar day.
14    (b) It is unlawful for any person to place, set, use, or
15maintain a leghold trap or one of similar construction on land,
16that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
17a body-gripping trap or one of similar construction having a
18jaw spread larger than 7 inches (17.8 CM) on a side if square
19and 8 inches (20.4 CM) if round.
20    (c) It is unlawful for any person to place, set, use, or
21maintain a leghold trap or one of similar construction in
22water, that has a jaw spread of larger than 7 1/2 inches (19.1
23CM), or a body-gripping trap or one of similar construction
24having a jaw spread larger than 10 inches (25.4 CM) on a side
25if square and 12 inches (30.5 CM) if round.

 

 

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1    (d) It is unlawful to use any trap with saw-toothed,
2spiked, or toothed jaws.
3    (e) It is unlawful to destroy, disturb or in any manner
4interfere with dams, lodges, burrows or feed beds of beaver
5while trapping for beaver or to set a trap inside a muskrat
6house or beaver lodge, except that this shall not apply to
7Drainage Districts who are acting pursuant to the provisions of
8Section 2.37.
9    (f) It is unlawful to trap beaver or river otter with: (1)
10a leghold trap or one of similar construction having a jaw
11spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
12inches (19.1 CM), or (2) a body-gripping trap or one of similar
13construction having a jaw spread of less than 7 inches (17.7
14CM) or more than 10 inches (25.4 CM) on a side if square and 12
15inches (30.5 CM) if round, except that these restrictions shall
16not apply during the open season for trapping raccoons.
17    (g) It is unlawful to set traps closer than 10 feet (3.05
18M) from any hole or den which may be occupied by a game mammal
19or fur-bearing mammal except that this restriction shall not
20apply to water sets.
21    (h) It is unlawful to trap or attempt to trap any
22fur-bearing mammal with any colony, cage, box, or stove-pipe
23trap designed to take more than one mammal at a single setting.
24    (i) It is unlawful for any person to set or place any trap
25designed to take any fur-bearing mammal protected by this Act
26during the closed trapping season. Proof that any trap was

 

 

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1placed during the closed trapping season shall be deemed prima
2facie evidence of a violation of this provision.
3    (j) It is unlawful to place, set, or maintain any leghold
4trap or one of similar construction within thirty (30) feet
5(9.14 m) of bait placed in such a manner or position that it is
6not completely covered and concealed from sight, except that
7this shall not apply to underwater sets. Bait shall mean and
8include any bait composed of mammal, bird, or fish flesh, fur,
9hide, entrails or feathers.
10    (k) (Blank). It shall be unlawful for hunters or trappers
11to have the green hides of fur-bearing mammals, protected by
12this Act, in their possession except during the open season and
13for an additional period of 10 days succeeding such open
14season.
15    (l) It is unlawful for any person to place, set, use or
16maintain a snare trap or one of similar construction in water,
17that has a loop diameter exceeding 15 inches (38.1 CM) or a
18cable or wire diameter of more than 1/8 inch (3.2 MM) or less
19than 5/64 inch (2.0 MM), that is constructed of stainless steel
20metal cable or wire, and that does not have a mechanical lock,
21anchor swivel and stop device to prevent the mechanical lock
22from closing the noose loop to a diameter of less than 2 1/2
23inches (6.4 CM).
24    (m) It is unlawful to trap muskrat or mink with (1) a
25leghold trap or one of similar construction or (2) a
26body-gripping trap or one of similar construction unless the

 

 

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1body-gripping trap or similar trap is completely submerged
2underwater when set. These restrictions shall not apply during
3the open season for trapping raccoons.
4(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; 97-813,
5eff. 7-13-12.)