HB3113 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3113

 

Introduced 2/17/2023, by Rep. Diane Blair-Sherlock

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2g  from Ch. 61, par. 1.2g
520 ILCS 5/2.30  from Ch. 61, par. 2.30
520 ILCS 5/2.30b
520 ILCS 5/2.33
520 ILCS 5/2.30c rep.

    Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.


LRB103 25864 RLC 52215 b

 

 

A BILL FOR

 

HB3113LRB103 25864 RLC 52215 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 1.2g, 2.30, 2.30b, and 2.33 as follows:
 
6    (520 ILCS 5/1.2g)  (from Ch. 61, par. 1.2g)
7    Sec. 1.2g. "Fur-bearing mammals" means the following
8specific species, mink, muskrat, raccoon, striped skunk,
9weasel, bobcat, opossum, beaver, river otter, badger, red fox,
10gray fox, and coyote.
11(Source: P.A. 81-382.)
 
12    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
13    Sec. 2.30. Except as provided in this Section, it shall be
14unlawful for any person to trap or to hunt with gun, dog, dog
15and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
16mink, muskrat, badger, bobcat, and opossum except during the
17open season which will be set annually by the Director between
1812:01 a.m., November 1 to 12:00 midnight, February 15, both
19inclusive.
20    It shall be unlawful for any person to hunt or trap bobcat
21in this State on and after the effective date of this
22amendatory Act of the 100th General Assembly in the counties

 

 

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1of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
2Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
3Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
4McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
5Vermilion, Will, Winnebago, and Woodford and north of U.S.
6Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
7junction with Illinois Route 121 and north or east of Illinois
8Route 121 in Macon. For the season beginning in 2017, a total
9number of 350 bobcats may be hunted or trapped lawfully, or the
10conclusion of the season occurs, whichever is earlier. For the
11season beginning in 2018, a total number of 375 bobcats may be
12hunted or trapped lawfully, or the conclusion of the season
13occurs, whichever is earlier. The changes added to this
14Section by this amendatory Act of the 100th General Assembly,
15except for this sentence, are inoperative on and after June
1630, 2019.
17    It is unlawful to pursue any fur-bearing mammal with a dog
18or dogs between the hours of sunset and sunrise during the 10
19day period preceding the opening date of the raccoon hunting
20season and the 10 day period following the closing date of the
21raccoon hunting season except that the Department may issue
22field trial permits in accordance with Section 2.34 of this
23Act. A non-resident from a state with more restrictive
24fur-bearer pursuit regulations for any particular species than
25provided for that species in this Act may not pursue that
26species in Illinois except during the period of time that

 

 

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1Illinois residents are allowed to pursue that species in the
2non-resident's state of residence. Hound running areas
3approved by the Department shall be exempt from the provisions
4of this Section.
5    It shall be unlawful to take beaver, river otter, weasel,
6mink, or muskrat except during the open season set annually by
7the Director, and then, only with traps, except that a
8firearm, pistol, or air rifle of a caliber not larger than a
9.22 long rifle may be used to remove the animal from the trap.
10    It shall be unlawful for any person to trap beaver or river
11otter with traps except during the open season which will be
12set annually by the Director between 12:01 a.m., November 1st
13and 12:00 midnight, March 31, both inclusive.
14    Coyote may be taken by trapping methods only during the
15period from September 1 to March 1, both inclusive, and by
16hunting methods at any time.
17    Striped skunk may be taken by trapping methods only during
18the period from September 1 to March 1, both inclusive, and by
19hunting methods at any time.
20    Muskrat may be taken by trapping methods during an open
21season set annually by the Director.
22    For the purpose of taking fur-bearing mammals, the State
23may be divided into management zones by administrative rule.
24    It shall be unlawful to take or possess more than the
25season limit or possession limit of fur-bearing mammals that
26shall be set annually by the Director. The season limit for

 

 

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1bobcat shall not exceed one bobcat per permit. Possession
2limits shall not apply to fur buyers, tanners, manufacturers,
3and taxidermists, as defined by this Act, who possess
4fur-bearing mammals in accordance with laws governing such
5activities.
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. 102-837, eff. 5-13-22.)
 
17    (520 ILCS 5/2.30b)
18    Sec. 2.30b. River otter and bobcat pelts. The pelts of
19river otters and bobcats shall be tagged in accordance with
20federal regulation 50 CFR 23.69(e). The Department may require
21harvest registration and set forth procedures, fees for
22registration, and the process of tagging pelts in
23administrative rules. Fees for registration and tagging shall
24not exceed $5 per pelt.
25(Source: P.A. 99-33, eff. 1-1-16.)
 

 

 

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1    (520 ILCS 5/2.33)
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
24explosives for the purpose of taking any species protected by
25this 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
3burning.
4    (i) It is unlawful to take, pursue or intentionally harass
5or disturb in any manner any wild birds or mammals by use or
6aid of any vehicle, conveyance, or unmanned aircraft as
7defined by the Illinois Aeronautics Act, except as permitted
8by the Code of Federal Regulations for the taking of
9waterfowl; except that nothing in this subsection shall
10prohibit the use of unmanned aircraft in the inspection of a
11public utility facility, tower, or structure or a mobile
12service facility, tower, or structure by a public utility, as
13defined in Section 3-105 of the Public Utilities Act, or a
14provider of mobile services as defined in Section 153 of Title
1547 of the United States Code. It is also unlawful to use the
16lights of any vehicle or conveyance, any light connected to
17any vehicle or conveyance, or any other lighting device or
18mechanism from inside or on a vehicle or conveyance in any area
19where wildlife may be found except in accordance with Section
202.37 of this Act; however, nothing in this Section shall
21prohibit the normal use of headlamps for the purpose of
22driving upon a roadway. For purposes of this Section, any
23other lighting device or mechanism shall include, but not be
24limited to, any device that uses infrared or other light not
25visible to the naked eye, electronic image intensification,
26active illumination, thermal imaging, or night vision. Striped

 

 

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1skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
2may be taken during the open season by use of a small light
3which is worn on the body or hand-held by a person on foot and
4not in any vehicle.
5    (j) It is unlawful to use any shotgun larger than 10 gauge
6while taking or attempting to take any of the species
7protected by this Act.
8    (k) It is unlawful to use or possess in the field any
9shotgun shell loaded with a shot size larger than lead BB or
10steel T (.20 diameter) when taking or attempting to take any
11species of wild game mammals (excluding white-tailed deer),
12wild game birds, migratory waterfowl or migratory game birds
13protected by this Act, except white-tailed deer as provided
14for in Section 2.26 and other species as provided for by
15subsection (l) or administrative rule.
16    (l) It is unlawful to take any species of wild game, except
17white-tailed deer and fur-bearing mammals, with a shotgun
18loaded with slugs unless otherwise provided for by
19administrative rule.
20    (m) It is unlawful to use any shotgun capable of holding
21more than 3 shells in the magazine or chamber combined, except
22on game breeding and hunting preserve areas licensed under
23Section 3.27 and except as permitted by the Code of Federal
24Regulations for the taking of waterfowl. If the shotgun is
25capable of holding more than 3 shells, it shall, while being
26used on an area other than a game breeding and shooting

 

 

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1preserve area licensed pursuant to Section 3.27, be fitted
2with a one-piece one piece plug that is irremovable without
3dismantling the shotgun or otherwise altered to render it
4incapable of holding more than 3 shells in the magazine and
5chamber, combined.
6    (n) It is unlawful for any person, except persons who
7possess a permit to hunt from a vehicle as provided in this
8Section and persons otherwise permitted by law, to have or
9carry any gun in or on any vehicle, conveyance, or aircraft,
10unless such gun is unloaded and enclosed in a case, except that
11at field trials authorized by Section 2.34 of this Act,
12unloaded guns or guns loaded with blank cartridges only, may
13be carried on horseback while not contained in a case, or to
14have or carry any bow or arrow device in or on any vehicle
15unless such bow or arrow device is unstrung or enclosed in a
16case, or otherwise made inoperable unless in accordance with
17the Firearm Concealed Carry Act.
18    (o) (Blank).
19    (p) It is unlawful to take game birds, migratory game
20birds or migratory waterfowl with a rifle, pistol, revolver,
21or air rifle.
22    (q) It is unlawful to fire a rifle, pistol, revolver, or
23air rifle on, over, or into any waters of this State, including
24frozen waters.
25    (r) It is unlawful to discharge any gun or bow and arrow
26device along, upon, across, or from any public right-of-way or

 

 

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

 

 

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1Act, or hunt with gun or dog, or allow a dog to hunt, within
2300 yards of an inhabited dwelling without first obtaining
3permission from the owner or tenant, except that while
4trapping, hunting with bow and arrow, hunting with dog and
5shotgun using shot shells only, or hunting with shotgun using
6shot shells only, or providing outfitting services under a
7waterfowl outfitter permit, or on licensed game breeding and
8hunting preserve areas, as defined in Section 3.27, on
9federally owned and managed lands and on Department owned,
10managed, leased, or controlled lands, a 100 yard restriction
11shall apply.
12    (v) It is unlawful for any person to remove fur-bearing
13mammals from, or to move or disturb in any manner, the traps
14owned by another person without written authorization of the
15owner to do so.
16    (w) It is unlawful for any owner of a dog to allow his or
17her dog to pursue, harass, or kill deer, except that nothing in
18this Section shall prohibit the tracking of wounded deer with
19a dog in accordance with the provisions of Section 2.26 of this
20Code.
21    (x) It is unlawful for any person to wantonly or
22carelessly injure or destroy, in any manner whatsoever, any
23real or personal property on the land of another while engaged
24in hunting or trapping thereon.
25    (y) It is unlawful to hunt wild game protected by this Act
26between one-half one half hour after sunset and one-half one

 

 

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1half hour before sunrise, except that hunting hours between
2one-half one half hour after sunset and one-half one half hour
3before sunrise may be established by administrative rule for
4fur-bearing mammals.
5    (z) It is unlawful to take any game bird (excluding wild
6turkeys and crippled pheasants not capable of normal flight
7and otherwise irretrievable) protected by this Act when not
8flying. Nothing in this Section shall prohibit a person from
9carrying an uncased, unloaded shotgun in a boat, while in
10pursuit of a crippled migratory waterfowl that is incapable of
11normal flight, for the purpose of attempting to reduce the
12migratory waterfowl to possession, provided that the attempt
13is made immediately upon downing the migratory waterfowl and
14is done within 400 yards of the blind from which the migratory
15waterfowl was downed. This exception shall apply only to
16migratory game birds that are not capable of normal flight.
17Migratory waterfowl that are crippled may be taken only with a
18shotgun as regulated by subsection (j) of this Section using
19shotgun shells as regulated in subsection (k) of this Section.
20    (aa) It is unlawful to use or possess any device that may
21be used for tree climbing or cutting, while hunting
22fur-bearing mammals, excluding coyotes. However, coyotes may
23not be hunted utilizing these devices during open season for
24deer except by properly licensed deer hunters.
25    (bb) It is unlawful for any person, except licensed game
26breeders, pursuant to Section 2.29 to import, carry into, or

 

 

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1possess alive in this State any species of wildlife taken
2outside of this State, without obtaining permission to do so
3from the Director.
4    (cc) It is unlawful for any person to have in his or her
5possession any freshly killed species protected by this Act
6during the season closed for taking.
7    (dd) It is unlawful to take any species protected by this
8Act and retain it alive except as provided by administrative
9rule.
10    (ee) It is unlawful to possess any rifle while in the field
11during gun deer season except as provided in Sections 2.25 and
122.26 and administrative rules.
13    (ff) It is unlawful for any person to take any species
14protected by this Act, except migratory waterfowl, during the
15gun deer hunting season in those counties open to gun deer
16hunting, unless he or she wears, when in the field, a cap and
17upper outer garment of a solid blaze orange color or solid
18blaze pink color, with such articles of clothing displaying a
19minimum of 400 square inches of blaze orange or solid blaze
20pink color material.
21    (gg) It is unlawful during the upland game season for any
22person to take upland game with a firearm unless he or she
23wears, while in the field, a cap of solid blaze orange color or
24solid blaze pink color. For purposes of this Act, upland game
25is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
26Pheasant, Eastern Cottontail, and Swamp Rabbit.

 

 

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1    (hh) It shall be unlawful to kill or cripple any species
2protected by this Act for which there is a bag limit without
3making a reasonable effort to retrieve such species and
4include such in the bag limit. It shall be unlawful for any
5person having control over harvested game mammals, game birds,
6or migratory game birds for which there is a bag limit to
7wantonly waste or destroy the usable meat of the game, except
8this shall not apply to wildlife taken under Sections 2.37 or
93.22 of this Code. For purposes of this subsection, "usable
10meat" means the breast meat of a game bird or migratory game
11bird and the hind ham and front shoulders of a game mammal. It
12shall be unlawful for any person to place, leave, dump, or
13abandon a wildlife carcass or parts of it along or upon a
14public right-of-way or highway or on public or private
15property, including a waterway or stream, without the
16permission of the owner or tenant. It shall not be unlawful to
17discard game meat that is determined to be unfit for human
18consumption.
19    (ii) This Section shall apply only to those species
20protected by this Act taken within the State. Any species or
21any parts thereof, legally taken in and transported from other
22states or countries, may be possessed within the State, except
23as provided in this Section and Sections 2.35, 2.36, and 3.21.
24    (jj) (Blank).
25    (kk) Nothing contained in this Section shall prohibit the
26Director from issuing permits to paraplegics or to other

 

 

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1persons with disabilities who meet the requirements set forth
2in administrative rule to shoot or hunt from a vehicle as
3provided by that rule, provided that such is otherwise in
4accord with this Act.
5    (ll) Nothing contained in this Act shall prohibit the
6taking of aquatic life protected by the Fish and Aquatic Life
7Code or birds and mammals protected by this Act, except deer
8and fur-bearing mammals, from a boat not camouflaged or
9disguised to alter its identity or to further provide a place
10of concealment and not propelled by sail or mechanical power.
11However, only shotguns not larger than 10 gauge nor smaller
12than .410 bore loaded with not more than 3 shells of a shot
13size no larger than lead BB or steel T (.20 diameter) may be
14used to take species protected by this Act.
15    (mm) Nothing contained in this Act shall prohibit the use
16of a shotgun, not larger than 10 gauge nor smaller than a 20
17gauge, with a rifled barrel.
18    (nn) It shall be unlawful to possess any species of
19wildlife or wildlife parts taken unlawfully in Illinois, any
20other state, or any other country, whether or not the wildlife
21or wildlife parts are is indigenous to Illinois. For the
22purposes of this subsection, the statute of limitations for
23unlawful possession of wildlife or wildlife parts shall not
24cease until 2 years after the possession has permanently
25ended.
26    (oo) It is unlawful while deer hunting:

 

 

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1        (1) to possess or be in close proximity to a rifle that
2    is not centerfire; or
3        (2) to be in possession of or in close proximity to a
4    magazine that is capable of making a rifle not a single
5    shot.
6(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
7102-932, eff. 1-1-23; revised 12-14-22.)
 
8    (520 ILCS 5/2.30c rep.)
9    Section 10. The Wildlife Code is amended by repealing
10Section 2.30c.