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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 2.18-1 and 2.33 as follows:
6    (520 ILCS 5/2.18-1)  (from Ch. 61, par. 2.18-1)
7    Sec. 2.18-1. (a) It shall be lawful for any person who
8holds the licenses, permits and stamps required by this Act for
9the taking of migratory waterfowl to use, in addition to or in
10lieu of any other authorized ammunition, either lead or steel
11and other non-toxic shotshells as approved by the United States
12Fish and Wildlife Service when shotgun pellets in taking such
13waterfowl at any location in the State where the hunting of
14migratory waterfowl is authorized, except as provided under
15subsection (b) of this Section and at specific sites where
16there are documented cases of lead poisoning of waterfowl and
17all alternative methods of alleviating lead poisoning (such as
18dewatering, flooding and/or tillage) have been determined to be
19unsuccessful in preventing lead poisoning losses of waterfowl.
20At such specific sites, shot shell ammunition containing
21non-toxic pellets, such as steel, shall be used. These specific
22sites may be designated by the Department after statewide
23public hearings have been conducted and the results of such



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1hearings have been reviewed.
2    (b) The Department shall be authorized to designate by
3rule, pursuant to the Illinois Administrative Procedure Act,
4areas that shall be limited to the use of non-toxic pellets;
5provided, however, that such authorization shall only exist for
6those areas which the federal government has mandated shall be
7closed to all waterfowl hunting unless the State agrees to the
8prohibition of the use of toxic shotgun pellets.
9    No State agency shall issue or make any rule, regulation,
10order or agreement which is in conflict with this Section.
11(Source: P.A. 91-357, eff. 7-29-99.)
12    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
13    Sec. 2.33. Prohibitions.
14    (a) It is unlawful to carry or possess any gun in any State
15refuge unless otherwise permitted by administrative rule.
16    (b) It is unlawful to use or possess any snare or
17snare-like device, deadfall, net, or pit trap to take any
18species, except that snares not powered by springs or other
19mechanical devices may be used to trap fur-bearing mammals, in
20water sets only, if at least one-half of the snare noose is
21located underwater at all times.
22    (c) It is unlawful for any person at any time to take a
23wild mammal protected by this Act from its den by means of any
24mechanical device, spade, or digging device or to use smoke or
25other gases to dislodge or remove such mammal except as



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1provided in Section 2.37.
2    (d) It is unlawful to use a ferret or any other small
3mammal which is used in the same or similar manner for which
4ferrets are used for the purpose of frightening or driving any
5mammals from their dens or hiding places.
6    (e) (Blank).
7    (f) It is unlawful to use spears, gigs, hooks or any like
8device to take any species protected by this Act.
9    (g) It is unlawful to use poisons, chemicals or explosives
10for the purpose of taking any species protected by this Act.
11    (h) It is unlawful to hunt adjacent to or near any peat,
12grass, brush or other inflammable substance when it is burning.
13    (i) It is unlawful to take, pursue or intentionally harass
14or disturb in any manner any wild birds or mammals by use or
15aid of any vehicle or conveyance, except as permitted by the
16Code of Federal Regulations for the taking of waterfowl. It is
17also unlawful to use the lights of any vehicle or conveyance or
18any light from or any light connected to the vehicle or
19conveyance in any area where wildlife may be found except in
20accordance with Section 2.37 of this Act; however, nothing in
21this Section shall prohibit the normal use of headlamps for the
22purpose of driving upon a roadway. Striped skunk, opossum, red
23fox, gray fox, raccoon, bobcat, and coyote may be taken during
24the open season by use of a small light which is worn on the
25body or hand-held by a person on foot and not in any vehicle.
26    (j) It is unlawful to use any shotgun larger than 10 gauge



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1while taking or attempting to take any of the species protected
2by this Act.
3    (k) It is unlawful to use or possess in the field any
4shotgun shell loaded with a shot size larger than lead BB or
5steel T (.20 diameter) when taking or attempting to take any
6species of wild game mammals (excluding white-tailed deer),
7wild game birds, migratory waterfowl or migratory game birds
8protected by this Act, except white-tailed deer as provided for
9in Section 2.26 and other species as provided for by subsection
10(l) or administrative rule.
11    (l) It is unlawful to take any species of wild game, except
12white-tailed deer and fur-bearing mammals, with a shotgun
13loaded with slugs unless otherwise provided for by
14administrative rule.
15    (m) It is unlawful to use any shotgun larger than 10 gauge
16or smaller than a .410 bore to take species protected by this
17Act; however, nothing shall prohibit the use of a shotgun, not
18larger than 10 gauge nor smaller than a 20 gauge, with a rifled
19barrel. It is unlawful to use any shotgun capable of holding
20more than 3 shells in the magazine or chamber combined, except
21on game breeding and hunting preserve areas licensed under
22Section 3.27 and except as permitted by the Code of Federal
23Regulations for the taking of waterfowl. If the shotgun is
24capable of holding more than 3 shells, it shall, while being
25used on an area other than a game breeding and shooting
26preserve area licensed pursuant to Section 3.27, be fitted with



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1a one piece plug that is irremovable without dismantling the
2shotgun or otherwise altered to render it incapable of holding
3more than 3 shells in the magazine and chamber, combined.
4    (n) It is unlawful for any person, except persons who
5possess a permit to hunt from a vehicle as provided in this
6Section and persons otherwise permitted by law, to have or
7carry any gun in or on any vehicle, conveyance or aircraft,
8unless such gun is unloaded and enclosed in a case, except that
9at field trials authorized by Section 2.34 of this Act,
10unloaded guns or guns loaded with blank cartridges only, may be
11carried on horseback while not contained in a case, or to have
12or carry any bow or arrow device in or on any vehicle unless
13such bow or arrow device is unstrung or enclosed in a case, or
14otherwise made inoperable.
15    (o) (Blank).
16    (p) It is unlawful to take game birds, migratory game birds
17or migratory waterfowl with a rifle, pistol, revolver or
19    (q) It is unlawful to fire a rifle, pistol, revolver or
20airgun on, over or into any waters of this State, including
21frozen waters.
22    (r) It is unlawful to discharge any gun or bow and arrow
23device along, upon, across, or from any public right-of-way or
24highway in this State.
25    (s) It is unlawful to use a silencer or other device to
26muffle or mute the sound of the explosion or report resulting



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1from the firing of any gun.
2    (t) It is unlawful for any person to take or attempt to
3take any species of wildlife or parts thereof, intentionally or
4wantonly allow a dog to hunt, within or upon the land of
5another, or upon waters flowing over or standing on the land of
6another, or to knowingly shoot a gun or bow and arrow device at
7any wildlife physically on or flying over the property of
8another without first obtaining permission from the owner or
9the owner's designee. For the purposes of this Section, the
10owner's designee means anyone who the owner designates in a
11written authorization and the authorization must contain (i)
12the legal or common description of property for such authority
13is given, (ii) the extent that the owner's designee is
14authorized to make decisions regarding who is allowed to take
15or attempt to take any species of wildlife or parts thereof,
16and (iii) the owner's notarized signature. Before enforcing
17this Section the law enforcement officer must have received
18notice from the owner or the owner's designee of a violation of
19this Section. Statements made to the law enforcement officer
20regarding this notice shall not be rendered inadmissible by the
21hearsay rule when offered for the purpose of showing the
22required notice.
23    (u) It is unlawful for any person to discharge any firearm
24for the purpose of taking any of the species protected by this
25Act, or hunt with gun or dog, or intentionally or wantonly
26allow a dog to hunt, within 300 yards of an inhabited dwelling



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1without first obtaining permission from the owner or tenant,
2except that while trapping, hunting with bow and arrow, hunting
3with dog and shotgun using shot shells only, or hunting with
4shotgun using shot shells only, or providing outfitting
5services under a waterfowl outfitter permit, or on licensed
6game breeding and hunting preserve areas, as defined in Section
73.27, on federally owned and managed lands and on Department
8owned, managed, leased, or controlled lands, a 100 yard
9restriction shall apply.
10    (v) It is unlawful for any person to remove fur-bearing
11mammals from, or to move or disturb in any manner, the traps
12owned by another person without written authorization of the
13owner to do so.
14    (w) It is unlawful for any owner of a dog to knowingly or
15wantonly allow his or her dog to pursue, harass or kill deer,
16except that nothing in this Section shall prohibit the tracking
17of wounded deer with a dog in accordance with the provisions of
18Section 2.26 of this Code.
19    (x) It is unlawful for any person to wantonly or carelessly
20injure or destroy, in any manner whatsoever, any real or
21personal property on the land of another while engaged in
22hunting or trapping thereon.
23    (y) It is unlawful to hunt wild game protected by this Act
24between one half hour after sunset and one half hour before
25sunrise, except that hunting hours between one half hour after
26sunset and one half hour before sunrise may be established by



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1administrative rule for fur-bearing mammals.
2    (z) It is unlawful to take any game bird (excluding wild
3turkeys and crippled pheasants not capable of normal flight and
4otherwise irretrievable) protected by this Act when not flying.
5Nothing in this Section shall prohibit a person from carrying
6an uncased, unloaded shotgun in a boat, while in pursuit of a
7crippled migratory waterfowl that is incapable of normal
8flight, for the purpose of attempting to reduce the migratory
9waterfowl to possession, provided that the attempt is made
10immediately upon downing the migratory waterfowl and is done
11within 400 yards of the blind from which the migratory
12waterfowl was downed. This exception shall apply only to
13migratory game birds that are not capable of normal flight.
14Migratory waterfowl that are crippled may be taken only with a
15shotgun as regulated by subsection (j) of this Section using
16shotgun shells as regulated in subsection (k) of this Section.
17    (aa) It is unlawful to use or possess any device that may
18be used for tree climbing or cutting, while hunting fur-bearing
19mammals, excluding coyotes.
20    (bb) It is unlawful for any person, except licensed game
21breeders, pursuant to Section 2.29 to import, carry into, or
22possess alive in this State any species of wildlife taken
23outside of this State, without obtaining permission to do so
24from the Director.
25    (cc) It is unlawful for any person to have in his or her
26possession any freshly killed species protected by this Act



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1during the season closed for taking.
2    (dd) It is unlawful to take any species protected by this
3Act and retain it alive except as provided by administrative
5    (ee) It is unlawful to possess any rifle while in the field
6during gun deer season except as provided in Section 2.26 and
7administrative rules.
8    (ff) It is unlawful for any person to take any species
9protected by this Act, except migratory waterfowl, during the
10gun deer hunting season in those counties open to gun deer
11hunting, unless he or she wears, when in the field, a cap and
12upper outer garment of a solid blaze orange color or solid
13blaze pink color, with such articles of clothing displaying a
14minimum of 400 square inches of blaze orange or solid blaze
15pink color material.
16    (gg) It is unlawful during the upland game season for any
17person to take upland game with a firearm unless he or she
18wears, while in the field, a cap of solid blaze orange color or
19solid blaze pink color. For purposes of this Act, upland game
20is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
21Pheasant, Eastern Cottontail and Swamp Rabbit.
22    (hh) It shall be unlawful to kill or cripple any species
23protected by this Act for which there is a bag limit without
24making a reasonable effort to retrieve such species and include
25such in the bag limit. It shall be unlawful for any person
26having control over harvested game mammals, game birds, or



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1migratory game birds for which there is a bag limit to wantonly
2waste or destroy the usable meat of the game, except this shall
3not apply to wildlife taken under Sections 2.37 or 3.22 of this
4Code. For purposes of this subsection, "usable meat" means the
5breast meat of a game bird or migratory game bird and the hind
6ham and front shoulders of a game mammal. It shall be unlawful
7for any person to place, leave, dump, or abandon a wildlife
8carcass or parts of it along or upon a public right-of-way or
9highway or on public or private property, including a waterway
10or stream, without the permission of the owner or tenant. It
11shall not be unlawful to discard game meat that is determined
12to be unfit for human consumption.
13    (ii) This Section shall apply only to those species
14protected by this Act taken within the State. Any species or
15any parts thereof, legally taken in and transported from other
16states or countries, may be possessed within the State, except
17as provided in this Section and Sections 2.35, 2.36 and 3.21.
18    (jj) (Blank).
19    (kk) Nothing contained in this Section shall prohibit the
20Director from issuing permits to paraplegics or to other
21persons with disabilities who meet the requirements set forth
22in administrative rule to shoot or hunt from a vehicle as
23provided by that rule, provided that such is otherwise in
24accord with this Act.
25    (ll) Nothing contained in this Act shall prohibit the
26taking of aquatic life protected by the Fish and Aquatic Life



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1Code or birds and mammals protected by this Act, except deer
2and fur-bearing mammals, from a boat not camouflaged or
3disguised to alter its identity or to further provide a place
4of concealment and not propelled by sail or mechanical power.
5However, only shotguns not larger than 10 gauge nor smaller
6than .410 bore loaded with not more than 3 shells of a shot
7size no larger than lead BB or steel T (.20 diameter) may be
8used to take species protected by this Act.
9    (mm) Nothing contained in this Act shall prohibit the use
10of a shotgun, not larger than 10 gauge nor smaller than a 20
11gauge, with a rifled barrel.
12    (nn) It shall be unlawful to possess any species of
13wildlife or wildlife parts taken unlawfully in Illinois, any
14other state, or any other country, whether or not the wildlife
15or wildlife parts is indigenous to Illinois. For the purposes
16of this subsection, the statute of limitations for unlawful
17possession of wildlife or wildlife parts shall not cease until
182 years after the possession has permanently ended.
19    (oo) It shall be unlawful to use lead shotshells to take
20wildlife on Department-owned properties on or after January 1,
22(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
23eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)