(520 ILCS 5/1.32) (from Ch. 61, par. 1.32)
Sec. 1.32.
Distribution of funds; State Furbearer Committee.
(a) There is created within the State Treasury the State
Furbearer
Fund.
All interest earned on monies in this Fund shall remain in the fund. Six
percent of the money collected from the sale of State Habitat Stamps, and
all interest earned, gifts, donations, grants, and bequests of money for
the conservation of
furbearing mammals shall be
deposited into the State Furbearer Fund and shall be held
separate and apart from the
general fund. These monies shall be appropriated to the
Department for the following purposes:
(1) 10% of all funds derived from the sale of State |
| Habitat Stamps and deposited into the State Furbearer Fund, and 100% of all interest earned, gifts, donations, grants and bequests of money for the conservation of furbearing mammals shall be appropriated for the purpose of conservation of fur-bearing mammals, and for projects, approved by the Department, for the purpose of developing and improving public fur-bearing mammal habitat management areas within the State. The State Furbearer Committee may include, on an emergency basis only, any projects as the repair, maintenance, and operation of mammal habitat management areas, except that no monies spent within the State for this purpose shall be used for administrative expenses.
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(2) 45% of all funds derived from the sale of State
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| Habitat Stamps and deposited into the State Furbearer Fund shall be allocated by the Department to suitable non-profit institutions, corporations, or universities, for projects approved by the Department, for the purpose of conducting surveys and investigations concerning the biology, ecology, and management of fur-bearing mammals within the State. Before allocating any funds under the provisions of this paragraph (2), the Department shall obtain evidence that the project is acceptable to the appropriate non-profit institution, corporation, or university having jurisdiction over the expenditure of funds for the project, and shall consult those non-profit institutions, corporations, and universities and the State Furbearer Committee for approval before allocating funds.
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(3) 45% of all funds derived from the sale of State
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| Habitat Stamps and deposited into the State Furbearer Fund shall be allocated for projects approved by the Department for the purpose of educating hunters and trappers of fur-bearing mammals within the State and the general public concerning the role that hunting and trapping has upon fur-bearing mammal management, concerning the laws associated with the harvesting of fur-bearing mammals, concerning the techniques used in the hunting and trapping of fur-bearing mammals, and concerning the conservation, management, and ecology of fur-bearing mammals. Projects, as determined by the State Furbearer Committee, may include the promotion of products made from wild fur-bearing mammals, except that no monies spent for these projects shall be used for administrative expenses.
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All allocations and accounting of moneys in the State Furbearer Fund,
including all expenditures previously incurred, shall be allocated according to the
percentages established by this amendatory Act of 1992.
(b) The State Furbearer Committee shall consist of: (1) the
State Furbearer Biologist, (2) the Chief of the Division of Wildlife
Resources or his designee, (3) the Chief of the Division of Land Management
or his designee, (4) one representative appointed by the Director who is
from a nonprofit institution, corporation or university within the State
and is actively engaged in wildlife research pertaining to game or
fur-bearing mammals, and (5) at least 2, but not more than 3, at large representatives
from statewide fur-bearing mammal hunting and trapping organizations
appointed by the Director. The Committee's duties shall be to review and
recommend all State Furbearer Projects, and to review and recommend all
expenditures from the State Furbearer Fund.
(c) At the end of each license accounting period, if 6% of the money
collected from the sale of State Habitat Stamps and deposited into the
State Furbearer Fund is less than $100,000, the Director shall request a
transfer and the State Comptroller and State Treasurer shall transfer
from the Illinois Habitat Fund to the State Furbearer Fund the amount
necessary to bring the total deposited into the State Furbearer Fund to $100,000.
(Source: P.A. 86-159; 86-1028; 87-135; 87-1015.)
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(520 ILCS 5/2.2) (from Ch. 61, par. 2.2)
Sec. 2.2. This Act shall apply only to the wild birds and parts of
wild birds (including, but not limited to, their nests and eggs), and wild mammals and parts
of wild mammals, which shall include their green hides, in the State of
Illinois, or which may be brought into the State.
Wildlife protected by this Act, hereby defined as protected species, include the following wild species and all
wild species contained in listed families, including, but not limited to, groups of wild species preceding each family
name: (except the House Sparrow, Passer
domesticus; European Starling, Sturnus vulgaris; and Rock Pigeon, Domestic
Pigeon, Columba livia; Eurasian Collared Dove, Streptopelia decaocto; Ringed Turtle-Dove, Streptopelia roseogrisea; Purple Swamphen, Porphyrio porphyio; or Muscovy Duck, Cairina moschata). GAME BIRDS-Ruffed grouse, Bonasa umbellus;
Sharp-tailed grouse, Tympanuchus phasianellus; Northern Bobwhite, Colinus
virginianus; Gray Partridge, Perdix perdix; Chukar,
Alectoris chukar; Ring-necked Pheasant, Phasianus colchicus; Greater
Prairie Chicken, Tympanuchus cupido; Wild Turkey, Meleagris gallopavo.
MIGRATORY GAME BIRDS-Waterfowl including brant, ducks, geese, and
swans, Anatidae; wild species of the families Rallidae (Virginia Rails and Sora Rails), Scolopacidae (Wilson's Snipe and Woodcock), Columbidae (Mourning Dove and White-winged Dove), and Corvidae that may be legally hunted as provided for in Section 2.18 of this Act.
RESIDENT AND MIGRATORY NON-GAME BIRDS-Loons, Gaviidae; grebes,
Podicipedidae; pelicans, Pelecanidae; gannets, Sulidae; cormorants, Phalacrocoracidae; anhingas, Anhingidae; frigatebirds, Fregatidae;
herons, bitterns and egrets, Ardeidae; ibises and spoonbills,
Threskiornithidae; storks, Ciconiidae; vultures, Cathartidae; kites, hawks, ospreys,
and eagles, Accipitridae; falcons, merlins, and kestrels, Falconidae; rails, gallinules, and moorhens, which may not be legally hunted, Rallidae (unless listed as a migratory game bird); cranes, Gruidae; all shorebirds that may not be legally hunted, of the families Charadriidae, Scolopacidae (unless listed as a migratory game bird),
and Recurvirostridae gulls,
terns, jaegers, skimmers, and kittiwakes, Laridae; dovekies and murrelets, Alcidae; doves and pigeons, which may not be legally hunted, Columbidae (unless listed as a migratory game bird); cuckoos and anis, Cuculidae; owls, Tytonidae and Strigidae;
whip-poor-wills, chuck-will's-widows, and nighthawks, Caprimulgidae; swifts, Apodidae;
hummingbirds, Trochilidae, Kingfishers, Alcedinidae; woodpeckers, flickers, and sapsuckers, Picidae;
kingbirds, pewees, phoebes, and flycatchers, Tyrannidae shrikes, Laniidae; vireos, Vireonidae; magpies, ravens, and jays, Corvidae; larks, Alaudidae; swallows and
martins, Hirundinidae; chickadees and
titmice, Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens,
Troglodytidae; kinglets, Regulidae; gnatcatchers, Sylviidae; robins,
bluebirds, solitaires, veerys, and thrushes, Turdidae; mockingbirds, catbirds, and thrashers, Mimidae;
pipits, Motacillidae; waxwings, Bombycillidae; warblers, parulas, redstarts, ovenbirds, waterthrushes, yellowthroats, and chats, Parulidae; tanagers, Thraupidae; towhees, longspurs, sparrows, buntings, and juncos, Emberizidae; dickcissels, cardinals, buntings, and grosbeaks, Cardinalidae;
blackbirds, meadowlarks, bobolinks, grackles, cowbirds, and orioles, Icteridae; grosbeaks, finches, crossbills, redpolls, and siskins, Fringillidae. GAME MAMMALS-Woodchuck, Marmota
monax; Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus niger;
Eastern cottontail, Sylvilagus
floridanus; Swamp rabbit, Sylvilagus aquaticus; White-tailed deer,
Odocoileus virginianus. FUR-BEARING MAMMALS-Muskrat, Ondatra zibethicus;
Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum, Didelphis virginiana; Least weasel, Mustela nivalis; Long-tailed weasel, Mustela
frenata; Mink, Mustela vison; River otter, Lontra canadensis; Striped skunk,
Mephitis mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray fox,
Urocyon cinereoargenteus; Coyote, Canis latrans; Bobcat, Lynx rufus. OTHER
MAMMALS-Flying squirrel, Glaucomys volans; Red squirrel, Tamiasciurus
hudsonicus; Eastern Woodrat, Neotoma floridana; Golden Mouse, Ochrotomys
nuttalli; Rice Rat, Oryzomys palustris; Franklin's Ground Squirrel, Spermophilus franklinii; Bats, Vespertilionidae; Gray wolf, Canis lupus; American black bear, Ursus americanus; Cougar, Puma concolor.
It shall be unlawful for any person at any time to take, possess, sell,
or offer for sale, propagate, or release into the wild, any of these wild birds (dead or alive) and parts of
wild birds (including, but not limited to, their nests and eggs), wild mammals (dead or alive)
and parts of wild mammals, including their green hides contrary to the
provisions of this Act. However, nothing in this Act shall prohibit
bona-fide public or state scientific, educational or zoological
institutions from receiving, holding, and displaying protected species that
were salvaged or legally obtained.
It shall be unlawful for any person to take any other living wildlife
animal not covered by this Act without the permission of the landowner
or tenant.
(Source: P.A. 103-23, eff. 1-1-24.)
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(520 ILCS 5/2.23) (from Ch. 61, par. 2.23)
Sec. 2.23.
It is unlawful for any person to take any species of
waterfowl protected by this Act on the Horseshoe Lake Waterfowl Refuge, and
those areas adjacent within the tract of land hereinafter described, or on
the Marion-Pickerell Waterfowl Refuge, as hereinafter described, or any
species of wildlife except as authorized by administrative rule or nuisance
animal removal permit under Department supervision.
(1) Horseshoe Lake Waterfowl Management Area:
Beginning at the intersection of State Highway No. 3 and |
| the Olive Branch Miller City Road, thence in southerly direction to the intersection of the Olive Branch-Miller City Road and the Promised Land Road, thence easterly to the intersection of the Promised Land Road and Old Highway No. 3, thence northwesterly to intersection of Old Highway No. 3 and State Highway No. 3 and thence northwesterly along State Highway No. 3 to point of beginning, at Olive Branch.
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(2) Marion-Pickerell Wildlife Refuge:
TRACT 1: The West fractional part of the Southwest
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| Quarter of Fractional Section 14, Township 19 North, Range 11 West of the Third Principal Meridian, being all that part of the Southwest Quarter of said Fractional Section 14 lying West of the Old or Natural Bed of the Sangamon River. Situated in Cass County, Illinois.
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TRACT 2: The West fractional part of the Northwest
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| Quarter of Fractional Section 23, Township 19 North, Range 11 West of the Third Principal Meridian, being all that part of the Northwest Quarter of said Fractional Section 23 lying West of the Old or Natural Bed of the Sangamon River; EXCEPTING that part thereof lying East of the Westerly line of the Mason and Cass River District Ditch (reference being had to the Quit-Claim Deed from William G. Harris, et al., to the Mason and Cass River District, dated June 18, 1910, recorded August 30, 1910 in Deed Record 74 at Page 49). Situated in Cass County, Illinois.
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TRACT 3: The West fractional part of the South Half of
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| Fractional Section 23, Township 19 North, Range 11 West of the Third Principal Meridian, being all that part of the South Half of said Fractional Section 23 lying West of the Old or Natural Bed of the Sangamon River; EXCEPTING that part thereof lying East of the West line of the Mason and Cass River District Ditch (reference being had to the Quit-Claim Deed from William G. Harris, et al., to the Mason and Cass River District, dated June 18, 1910, recorded August 30, 1910 in Deed Record 74 at Page 49); AND ALSO EXCEPTING THEREFROM the following described tract: 1.61 chains of even width off of the South side or end of 12.32 chains of even width off of the North side or end of all that part of the Southwest Quarter of said Fractional Section 23 lying West of the Mason and Cass River District Ditch. Situated in Cass County, Illinois.
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TRACT 4: The South Half of the Southeast Quarter, and the
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| fractional South Half of the Southwest Quarter, all in Section 14, Township 19 North, Range 11 West of the Third Principal Meridian. Situated in Mason County, Illinois.
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TRACT 5: The Southwest Quarter of the Northeast Quarter
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| of Section 23, all that part of the Northwest Quarter of Section 23 as lies East of the Sangamon River, and 20 acres off of the North end of the West Half of the Southeast Quarter of Section 23, all in Township 19 North, Range 11 West of the Third Principal Meridian. Situated in Mason County, Illinois.
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TRACT 6. The North Half of the Northeast Quarter of
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| Section 23, the Southeast Quarter of the Northeast Quarter of Section 23, and the Northeast Quarter of the Southeast Quarter of Section 23, all in Township 19 North, Range 11 West of the Third Principal Meridian. Situated in Mason County, Illinois.
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TRACT 7. All that part of the West fractional part of the
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| Northwest Quarter of Fractional Section 23, and all that part of the West fractional part of the South Half of Fractional Section 23, lying West of the Old or Natural Bed of the Sangamon River and East of the westerly line of the Mason and Cass River District Ditch (reference being had to the Quit-Claim Deed from William G. Harris, et al., to the Mason and Cass River District, dated June 18, 1910 and recorded August 30, 1910 in Deed Record 74 at page 49), all in Township 19 North, Range 11 West of the Third Principal Meridian, containing a total of 20.57 acres, more or less, with 8.43 acres lying West of the westerly bank of the Old or Natural Bed of the Sangamon River, and with 12.14 acres lying between the westerly bank and the centerline of the Old or Natural Bed of the Sangamon River; EXCEPTING the South 13 acres thereof, the North line of said 13 acre tract being parallel with the East-West Quarter Section line of said Fractional Section 23. Situated in Cass County, Illinois.
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It shall be unlawful to take any species of wildlife on any property
named as a wildlife refuge by the Department or on other Department
management areas except as provided by Section 2.25 and Administrative Rules.
(Source: P.A. 86-388; 87-1015.)
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(520 ILCS 5/2.26) (from Ch. 61, par. 2.26) (Text of Section before amendment by P.A. 104-361) Sec. 2.26. Deer hunting permits. Any person attempting to take deer shall first obtain a "Deer Hunting Permit" issued by the Department in accordance with its administrative rules. Those rules must provide for the issuance of the following types of resident deer archery permits: (i) a combination permit, consisting of one either-sex permit and one antlerless-only permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit. The fee for a Deer Hunting Permit to take deer with either bow and arrow or gun shall not exceed $25 for residents of the State. The Department may by administrative rule provide for non-resident deer hunting permits for which the fee will not exceed $300 in 2005, $350 in 2006, and $400 in 2007 and thereafter except as provided below for non-resident landowners and non-resident archery hunters. The Department may by administrative rule provide for a non-resident archery deer permit consisting of not more than 2 harvest tags at a total cost not to exceed $325 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The fees for a youth resident and non-resident archery deer permit shall be the same. The Department shall create a pilot program during the special 3-day, youth-only deer hunting season to allow for youth deer hunting permits that are valid statewide, excluding those counties or portions of counties closed to firearm deer hunting. The Department shall adopt rules to implement the pilot program. Nothing in this paragraph shall be construed to prohibit the Department from issuing Special Hunt Area Permits for the youth-only deer hunting season or establishing, through administrative rule, additional requirements pertaining to the youth-only deer hunting season on Department-owned or Department-managed sites, including site-specific quotas or drawings. The provisions of this paragraph are inoperative on and after January 1, 2023. The standards and specifications for use of guns and bow and arrow for deer hunting shall be established by administrative rule. No person may have in his or her possession any firearm not authorized by administrative rule for a specific hunting season when taking deer unless in accordance with the Firearm Concealed Carry Act. Persons having a firearm deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of shotgun, handgun, rifle, or muzzle loading rifle. Persons having an archery deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of bow and arrow. It shall be unlawful for any person to take deer by use of dogs, horses, automobiles, aircraft, or other vehicles, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure white-tailed deer. "Baiting" means the placement or scattering of bait to attract deer. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit the use of a dog to track wounded deer. Any person using a dog for tracking wounded deer must maintain physical control of the dog at all times by means of a maximum 50-foot lead attached to the dog's collar or harness. Tracking wounded deer is permissible at night, but at no time outside of legal deer hunting hours or seasons shall any person handling or accompanying a dog being used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the firearm deer seasons shall wear blaze orange or solid blaze pink color as required. Dog handlers tracking wounded deer with a dog are exempt from hunting license and deer permit requirements so long as they are accompanied by the licensed deer hunter who wounded the deer. It shall be unlawful to possess or transport any wild deer which has been injured or killed in any manner upon a public highway or public right-of-way of this State unless exempted by administrative rule. Persons hunting deer must have the gun unloaded and no bow and arrow device shall be carried with the arrow in the nocked position during hours when deer hunting is unlawful. It shall be unlawful for any person, having taken the legal limit of deer by gun, to further participate with a gun in any deer hunting party. It shall be unlawful for any person, having taken the legal limit of deer by bow and arrow, to further participate with bow and arrow in any deer hunting party. The Department may prohibit upland game hunting during the gun deer season by administrative rule. The Department shall not limit the number of non-resident, either-sex archery deer hunting permits to less than 20,000. Any person who violates any of the provisions of this Section, including administrative rules, shall be guilty of a Class B misdemeanor. For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking white-tailed deer, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating or the use of products designed for scent only and not capable of ingestion, solid or liquid, placed or scattered, in such a manner as to attract or lure deer. Such manipulation for the purpose of taking white-tailed deer may be further modified by administrative rule. (Source: P.A. 104-417, eff. 8-15-25.) (Text of Section after amendment by P.A. 104-361) Sec. 2.26. Deer hunting permits. Any person attempting to take deer shall first obtain a "Deer Hunting Permit" issued by the Department in accordance with its administrative rules. Those rules must provide for the issuance of the following types of resident deer archery permits: (i) a combination permit, consisting of one either-sex permit and one antlerless-only permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit. The fee for a Deer Hunting Permit to take deer with either bow and arrow or gun shall not exceed $25 for residents of the State. The Department may by administrative rule provide for non-resident deer hunting permits for which the fee will not exceed $300 in 2005, $350 in 2006, and $400 in 2007 and thereafter except as provided below for non-resident landowners and non-resident archery hunters. The Department may by administrative rule provide for a non-resident archery deer permit consisting of not more than 2 harvest tags at a total cost not to exceed $325 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The fees for a youth resident and non-resident archery deer permit shall be the same. The Department shall create a pilot program during the special 3-day, youth-only deer hunting season to allow for youth deer hunting permits that are valid statewide, excluding those counties or portions of counties closed to firearm deer hunting. The Department shall adopt rules to implement the pilot program. Hunters qualifying to participate in a youth-only deer season shall be eligible for one either-sex permit and one antlerless-only permit. Nothing in this paragraph shall be construed to prohibit the Department from issuing Special Hunt Area Permits for the youth-only deer hunting season or establishing, through administrative rule, additional requirements pertaining to the youth-only deer hunting season on Department-owned or Department-managed sites, including site-specific quotas or drawings. The provisions of this paragraph are inoperative on and after January 1, 2023. The standards and specifications for use of guns and bow and arrow for deer hunting shall be established by administrative rule. No person may have in his or her possession any firearm not authorized by administrative rule for a specific hunting season when taking deer unless in accordance with the Firearm Concealed Carry Act. Persons having a firearm deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of shotgun, handgun, rifle, or muzzle loading rifle. Persons having an archery deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of bow and arrow. It shall be unlawful for any person to take deer by use of dogs, horses, automobiles, aircraft, or other vehicles, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure white-tailed deer. "Baiting" means the placement or scattering of bait to attract deer. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit the use of a dog to track wounded deer. Any person using a dog for tracking wounded deer must maintain physical control of the dog at all times by means of a maximum 50-foot lead attached to the dog's collar or harness. Tracking wounded deer is permissible at night, but at no time outside of legal deer hunting hours or seasons shall any person handling or accompanying a dog being used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the firearm deer seasons shall wear blaze orange or solid blaze pink color as required. Dog handlers tracking wounded deer with a dog are exempt from hunting license and deer permit requirements so long as they are accompanied by the licensed deer hunter who wounded the deer. It shall be unlawful to possess or transport any wild deer which has been injured or killed in any manner upon a public highway or public right-of-way of this State unless exempted by administrative rule. Persons hunting deer must have the gun unloaded and no bow and arrow device shall be carried with the arrow in the nocked position during hours when deer hunting is unlawful. It shall be unlawful for any person, having taken the legal limit of deer by gun, to further participate with a gun in any deer hunting party. It shall be unlawful for any person, having taken the legal limit of deer by bow and arrow, to further participate with bow and arrow in any deer hunting party. The Department may prohibit upland game hunting during the gun deer season by administrative rule. The Department shall not limit the number of non-resident, either-sex archery deer hunting permits to less than 20,000. Any person who violates any of the provisions of this Section, including administrative rules, shall be guilty of a Class B misdemeanor. For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking white-tailed deer, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating or the use of products designed for scent only and not capable of ingestion, solid or liquid, placed or scattered, in such a manner as to attract or lure deer. Such manipulation for the purpose of taking white-tailed deer may be further modified by administrative rule. (Source: P.A. 104-361, eff. 1-1-26; 104-417, eff. 8-15-25.) |
(520 ILCS 5/2.30) (from Ch. 61, par. 2.30) Sec. 2.30. Except as provided in this Section, it shall be unlawful for any person to trap or to hunt with a gun, dog, dog and gun, or bow and arrow, gray fox, red fox, raccoon, weasel, mink, muskrat, badger, bobcat, and opossum except during the open season which will be set annually by the Director between 12:01 a.m., November 1 to 12:00 midnight, February 15, both inclusive. Except as provided in this Section, it shall be unlawful for any person to trap or to hunt gray fox with a gun, dog, dog and gun, or bow and arrow, except during an open season, which may be set annually by the Director between 12:01 a.m., November 1 to 12:00 midnight, February 15, both inclusive. When the biological balance of the gray fox is affected for any reason, the Director may, by administrative rule, set the dates of, lengthen, shorten, or close the season during which gray fox may be taken. The Director may also set, lessen, or increase the daily bag limit or possession limit of gray fox by administrative rule. It shall be unlawful for any person to hunt or trap bobcat in this State on and after the effective date of this amendatory Act of the 100th General Assembly in the counties of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage, Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox, Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry, McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson, Vermilion, Will, Winnebago, and Woodford and north of U.S. Route 36 in Edgar and Douglas and north of U.S. Route 36 to the junction with Illinois Route 121 and north or east of Illinois Route 121 in Macon. For the season beginning in 2017, a total number of 350 bobcats may be hunted or trapped lawfully, or the conclusion of the season occurs, whichever is earlier. For the season beginning in 2018, a total number of 375 bobcats may be hunted or trapped lawfully, or the conclusion of the season occurs, whichever is earlier. The changes added to this Section by this amendatory Act of the 100th General Assembly, except for this sentence, are inoperative on and after June 30, 2019. It is unlawful to pursue any fur-bearing mammal with a dog or dogs between the hours of sunset and sunrise during the 10 day period preceding the opening date of the raccoon hunting season and the 10 day period following the closing date of the raccoon hunting season except that the Department may issue field trial permits in accordance with Section 2.34 of this Act. A non-resident from a state with more restrictive fur-bearer pursuit regulations for any particular species than provided for that species in this Act may not pursue that species in Illinois except during the period of time that Illinois residents are allowed to pursue that species in the non-resident's state of residence. Hound running areas approved by the Department shall be exempt from the provisions of this Section. It shall be unlawful to take beaver, river otter, weasel, mink, or muskrat except during the open season set annually by the Director, and then, only with traps, except that a firearm, pistol, or air rifle of a caliber not larger than a .22 long rifle may be used to remove the animal from the trap. It shall be unlawful for any person to trap beaver or river otter with traps except during the open season which will be set annually by the Director between 12:01 a.m., November 1st and 12:00 midnight, March 31, both inclusive. Coyote may be taken by trapping methods only during the period from September 1 to March 1, both inclusive, and by hunting methods at any time. Striped skunk may be taken by trapping methods only during the period from September 1 to March 1, both inclusive, and by hunting methods at any time. Muskrat may be taken by trapping methods during an open season set annually by the Director. For the purpose of taking fur-bearing mammals, the State may be divided into management zones by administrative rule. It shall be unlawful to take or possess more than the season limit or possession limit of fur-bearing mammals that shall be set annually by the Director. The season limit for bobcat shall not exceed one bobcat per permit. Possession limits shall not apply to fur buyers, tanners, manufacturers, and taxidermists, as defined by this Act, who possess fur-bearing mammals in accordance with laws governing such activities. Nothing in this Section shall prohibit the taking or possessing of fur-bearing mammals found dead or unintentionally killed by a vehicle along a roadway during the open season provided the person who possesses such fur-bearing mammals has all appropriate licenses, stamps, or permits; the season for which the species possessed is open; and that such possession and disposal of such fur-bearing mammals is otherwise subject to the provisions of this Section. The provisions of this Section are subject to modification by administrative rule. (Source: P.A. 104-19, eff. 6-30-25.) |
(520 ILCS 5/2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any
State refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or snare-like device,
deadfall, net, or pit trap to take any species, except that snares not
powered by springs or other mechanical devices may be used to trap
fur-bearing mammals, in water sets only, if at least one-half of the snare
noose is located underwater at all times.
(c) It is unlawful for any person at any time to take a wild mammal
protected by this Act from its den by means of any mechanical device,
spade, or digging device or to use smoke or other gases to dislodge or
remove such mammal except as provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small mammal which is
used in the same or similar manner for which ferrets are used for the
purpose of frightening or driving any mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks, or any like device to
take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals, or explosives for the
purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat, grass,
brush, or other inflammable substance when it is burning.
(i) It is unlawful to take, pursue or intentionally harass or disturb
in any manner any wild birds or mammals by use or aid of any vehicle,
conveyance, or unmanned aircraft as defined by the Illinois Aeronautics Act, except as permitted by the Code of Federal Regulations for the
taking of waterfowl; except that nothing in this subsection shall prohibit the use of unmanned aircraft in the inspection of a public utility facility, tower, or structure or a mobile service facility, tower, or structure by a public utility, as defined in Section 3-105 of the Public Utilities Act, or a provider of mobile services as defined in Section 153 of Title 47 of the United States Code. It is also unlawful to use the lights of any vehicle
or conveyance, any light connected to any
vehicle or conveyance, or any other lighting device or mechanism from inside or on a vehicle or conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in this
Section shall prohibit the normal use of headlamps for the purpose of driving
upon a roadway. For purposes of this Section, any other lighting device or mechanism shall include, but not be limited to, any device that uses infrared or other light not visible to the naked eye, electronic image intensification, active illumination, thermal imaging, or night vision. Striped skunk, opossum, red fox, gray
fox, raccoon, bobcat, and coyote 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.
(j) It is unlawful to use any shotgun larger than 10 gauge while
taking or attempting to take any of the species protected by this Act.
(k) It is unlawful to use or possess in the field any shotgun shell loaded
with a shot size larger than lead BB or steel T (.20 diameter) when taking or
attempting to take any species of wild game mammals (excluding white-tailed
deer), wild game birds, migratory waterfowl or migratory game birds protected
by this Act, except white-tailed deer as provided for in Section 2.26 and other
species as provided for by subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun loaded with slugs unless otherwise
provided for by administrative rule.
(m) It is unlawful to use any shotgun capable of holding more than 3
shells in the magazine or chamber combined, except on game breeding and
hunting preserve areas licensed under Section 3.27 and except as permitted by
the Code of Federal Regulations for the taking of waterfowl. If the shotgun
is capable of holding more than 3 shells, it shall, while being used on an
area other than a game breeding and shooting preserve area licensed
pursuant to Section 3.27, be fitted with a one-piece plug that is
irremovable without dismantling the shotgun or otherwise altered to
render it incapable of holding more than 3 shells in the magazine and
chamber, combined.
(n) It is unlawful for any person, except persons who possess a permit to
hunt from a vehicle as provided in this Section and persons otherwise permitted
by law, to have or carry any gun in or on any vehicle, conveyance, or aircraft,
unless such gun is unloaded and enclosed in a case, except that at field trials
authorized by Section 2.34 of this Act, unloaded guns or guns loaded with blank
cartridges only may be carried on horseback while not contained in a case, or
to have or carry any bow or arrow device in or on any vehicle unless such bow
or arrow device is unstrung or enclosed in a case, or otherwise made
inoperable unless in accordance with the Firearm Concealed Carry Act.
(o) (Blank).
(p) It is unlawful to take game birds, migratory game birds or
migratory waterfowl with a rifle, pistol, revolver, or air rifle.
(q) It is unlawful to fire a rifle, pistol, revolver, or air rifle on,
over, or into any waters of this State, including frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow device
along, upon, across, or from any public right-of-way or highway in this State.
(s) It is unlawful to use a silencer or other device to muffle or
mute the sound of the explosion or report resulting from the firing of
any gun.
(t) It is unlawful for any person to take or attempt to take any species of wildlife or parts thereof, or allow a dog to
hunt, within or upon the land of another, or upon waters flowing over or
standing on the land of another, or to knowingly shoot a gun or bow and arrow device at any wildlife physically on or flying over the property of another without first obtaining permission from
the owner or the owner's designee. For the purposes of this Section, the owner's designee means anyone who the owner designates in a written authorization and the authorization must contain (i) the legal or common description of property for which such authority is given, (ii) the extent that the owner's designee is authorized to make decisions regarding who is allowed to take or attempt to take any species of wildlife or parts thereof, and (iii) the owner's notarized signature. Before enforcing this
Section, the law enforcement officer must have received notice from the
owner or the owner's designee of a violation of this Section. Statements made to the
law enforcement officer regarding this notice shall not be rendered
inadmissible by the hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm for the purpose
of taking any of the species protected by this Act, or hunt with gun or
dog, or allow a dog to hunt, within 300 yards of an inhabited dwelling without
first obtaining permission from the owner or tenant, except that while
trapping, hunting with bow and arrow, hunting with dog and shotgun using shot
shells only, or hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or
on licensed game breeding and hunting preserve areas, as defined in Section
3.27, on
federally owned and managed lands and on Department owned, managed, leased, or
controlled lands, a 100 yard restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing mammals from, or
to move or disturb in any manner, the traps owned by another person without
written authorization of the owner to do so.
(w) It is unlawful for any owner of a dog to allow
his or her dog to pursue, harass, or kill deer, except that nothing in this Section shall prohibit the tracking of wounded deer with a dog in accordance with the provisions of Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or carelessly injure
or destroy, in any manner whatsoever, any real or personal property on
the land of another while engaged in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act between one-half hour after sunset and one-half hour before sunrise, except that
hunting hours between one-half hour after sunset and one-half hour
before sunrise may be established by administrative rule for fur-bearing
mammals.
(z) It is unlawful to take any game bird (excluding wild turkeys and
crippled pheasants not capable of normal flight and otherwise irretrievable)
protected by this Act when not flying. Nothing in this Section shall prohibit
a person from carrying an uncased, unloaded shotgun in a boat, while in pursuit
of a crippled migratory waterfowl that is incapable of normal flight, for the
purpose of attempting to reduce the migratory waterfowl to possession, provided
that the attempt is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory waterfowl was
downed. This exception shall apply only to migratory game birds that are not
capable of normal flight. Migratory waterfowl that are crippled may be taken
only with a shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may be used for
tree climbing or cutting while hunting fur-bearing mammals, excluding coyotes. However, coyotes may not be hunted utilizing these devices during open season for deer except by properly licensed deer hunters.
(bb) It is unlawful for any person, except licensed game breeders,
pursuant to Section 2.29 to import, carry into, or possess alive in this
State any species of wildlife taken outside of this State, without
obtaining permission to do so from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act during the season
closed for taking.
(dd) It is unlawful to take any species protected by this Act and retain
it alive except as provided by administrative rule.
(ee) It is unlawful to possess any rifle while in the field during gun
deer season except as provided in Sections 2.25 and 2.26 and administrative rules.
(ff) It is unlawful for any person to take any species protected by
this Act, except migratory waterfowl, during the gun deer hunting season in
those counties open to gun deer hunting, unless he or she wears, when in
the field, a cap and upper outer garment of a solid blaze orange color or solid blaze pink color, with
such articles of clothing displaying a minimum of 400 square inches of
blaze orange or solid blaze pink color material.
(gg) It is unlawful during the upland game season for any person to take
upland game with a firearm unless he or she wears, while in the field, a
cap of solid blaze orange color or solid blaze pink color. For purposes of this Act, upland game is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail, and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species protected by
this Act for which there is a bag limit without making a reasonable
effort to retrieve such species and include such in the bag limit. It shall be unlawful for any person having control over harvested game mammals, game birds, or migratory game birds for which there is a bag limit to wantonly waste or destroy the usable meat of the game, except this shall not apply to wildlife taken under Sections 2.37 or 3.22 of this Code. For purposes of this subsection, "usable meat" means the breast meat of a game bird or migratory game bird and the hind ham and front shoulders of a game mammal. It shall be unlawful for any person to place, leave, dump, or abandon a wildlife carcass or parts of it along or upon a public right-of-way or highway or on public or private property, including a waterway or stream, without the permission of the owner or tenant. It shall not be unlawful to discard game meat that is determined to be unfit for human consumption.
(ii) This Section shall apply only to those species protected by this
Act taken within the State. Any species or any parts thereof, legally taken
in and transported from other states or countries, may be possessed
within the State, except as provided in this Section and Sections 2.35, 2.36,
and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the Director
from issuing permits to paraplegics or to other persons with disabilities who meet the
requirements set forth in administrative rule to shoot or hunt from a vehicle
as provided by that rule, provided that such is otherwise in accord with this
Act.
(ll) Nothing contained in this Act shall prohibit the taking of aquatic
life protected by the Fish and Aquatic Life Code or birds and mammals
protected by this Act, except deer and fur-bearing mammals, from a boat not
camouflaged or disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power. However, only
shotguns not larger than 10 gauge nor smaller than .410 bore loaded with not
more than 3 shells of a shot size no larger than lead BB or steel T (.20
diameter) may be used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use of a shotgun,
not larger than 10 gauge nor smaller than a 20 gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of wildlife or wildlife parts taken unlawfully in Illinois, any other state, or any other country, whether or not the wildlife or wildlife parts are indigenous to Illinois. For the purposes of this subsection, the statute of limitations for unlawful possession of wildlife or wildlife parts shall not cease until 2 years after the possession has permanently ended. (oo) It is unlawful while deer hunting: (1) to possess or be in close proximity to a rifle |
| that is not centerfire; or
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(2) to be in possession of or in close proximity to a
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| magazine that is capable of making a rifle not a single shot.
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(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22; 102-932, eff. 1-1-23; 103-154, eff. 6-30-23.)
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(520 ILCS 5/2.36) (from Ch. 61, par. 2.36) Sec. 2.36. It shall be unlawful to buy, sell, or barter, or offer to buy, sell, or barter, and for a commercial institution, other than a regularly operated refrigerated storage establishment, to have in its possession any of the wild birds, or any part thereof (and their eggs), or wild mammals or any parts thereof, protected by this Act unless done as hereinafter provided: Game birds or any parts thereof (and their eggs), may be held, possessed, raised and sold, or otherwise dealt with, as provided in Section 3.23 of this Act or when legally produced under similar special permit in another state or country and legally transported into the State of Illinois; provided that such imported game birds or any parts thereof, shall be marked with permanent irremovable tags, or similar devices, to establish and retain their origin and identity; Rabbits may be legally taken and possessed as provided in Sections 3.23, 3.24, and 3.26 of this Act; Deer, or any parts thereof, may be held, possessed, sold or otherwise dealt with as provided in this Section and Sections 3.23 and 3.24 of this Act; If a properly tagged deer is processed at a licensed meat processing facility and if the owner of the deer (i) fails to claim the processed deer within a reasonable time or (ii) notifies the licensed meat processing facility that the owner no longer wants the processed deer or wishes to donate the deer, then the deer meat may be given away by the licensed meat processor to another person or donated to a charitable organization or community food bank that receives wild game meat. The licensed meat processing facility may charge the person receiving the deer meat a reasonable and customary processing fee; Meat processors who donate deer meat to a charitable organization or community food bank that receives wild game meat shall keep written records of all deer received. Records shall include the following information: (1) the date the deer was received; (2) the name, address, and telephone number of the |
| person from whom the deer was received;
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(3) whether the deer was received as a whole carcass
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| or as deboned meat; if the deer was brought to the meat processor as deboned meat, the processor shall include the weight of the meat;
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(4) the number and state of issuance of the permit of
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| the person from whom the deer was received; in the absence of a permit number, the meat processor may rely on the written certification of the person from whom the deer was received that the deer was legally taken or obtained; and
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(5) if the person who originally delivered the deer
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| to the meat processor fails to collect or make arrangements for the packaged deer meat to be collected or wishes to donate the meat and if the meat processor gives all or part of the unclaimed deer meat to another person or charitable organization or community food bank that receives wild game meat, the meat processor shall maintain a record of the exchange; the meat processor's records shall include the customer's name, physical address, telephone number, as well as the quantity and type of deer meat given to the customer. The meat processor shall also include the amount of compensation received for the deer meat in his or her records.
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Meat processor records for unclaimed and donated deer meat shall be open for inspection by any peace officer at any reasonable hour. Meat processors shall maintain records for a period of 2 years after the date of receipt of the wild game or for as long as the specimen or meat remains in the meat processors possession, whichever is longer;
No meat processor shall have in his or her possession any deer that is not listed in his or her written records and properly tagged or labeled;
All licensed meat processors who ship any deer or parts of deer that have been held, possessed, or otherwise dealt with shall tag or label the shipment, and the tag or label shall state the name of the meat processor;
Nothing in this Section removes meat processors from responsibility for the observance of any State or federal laws, rules, or regulations that may apply to the meat processing business;
Fur-bearing mammals, or any parts thereof, may be held, possessed, sold or otherwise dealt with as provided in Sections 3.16, 3.24, and 3.26 of this Act or when legally taken and possessed in Illinois or legally taken and possessed in and transported from other states or countries;
It is unlawful for any person to act as a nuisance wildlife control operator for fee or compensation without a permit as provided in subsection (b) of Section 2.37 of this Act unless such trapping is in compliance with Section 2.30.
The inedible parts of game mammals may be held, possessed, sold, or otherwise dealt with when legally taken, in Illinois or legally taken and possessed in and transported from other states or countries.
Failure to establish proof of the legality of possession in another state or country and importation into the State of Illinois, shall be prima facie evidence that such game birds or any parts thereof, and their eggs, game mammals and fur-bearing mammals, or any parts thereof, were taken within the State of Illinois.
(Source: P.A. 103-37, eff. 6-9-23; 103-605, eff. 7-1-24; 103-990, eff. 1-1-25.)
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(520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
Sec. 2.36a. Value of protected species; violations.
(a) A person commits a Class 3 felony if the person, for profit or commercial purposes, knowingly
captures or kills, possesses, offers for sale, sells, offers to barter,
barters, offers to purchase, purchases, delivers for shipment, ships, exports,
imports, causes to be shipped, exported, or imported, delivers for
transportation, transports or causes to be transported,
carries or causes to be carried, or receives for shipment, transportation,
carriage, or export any animal or part of animal of the species protected
by this Act, contrary to the provisions of this Act, and such animals, in
whole or in part, are (1) valued at or in excess of a total of $500, as per
specie value
specified in paragraph (3), (4), (5), (6), (7), or (8) of subsection (c) of this Section, or (2) valued at or in excess of a total of $3,000 as per specie value specified in paragraph (1), (2), or (9) of subsection (c) or subsection (d).
(a-5) A person shall be guilty of a Class 4 felony if convicted under this
Section for more than one violation of subsection (a) where the offenses occurred on different days and within a 90-day period and: (1) where the animals as per specie value specified |
| in paragraph (3), (4), (5), (6), (7), or (8) of subsection (c) of this Section of each violation are not valued at or in excess of $500, but the total value of the animals from the multiple violations is at or in excess of $500; or
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(2) where the animals as per specie value specified
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| in paragraph (1), (2), or (9) of subsection (c) or subsection (d) of this Section of each violation are not valued at or in excess of $3,000, but the total value of the animals from the multiple violations is at or in excess of $3,000.
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The
prosecution for a Class 4 felony for these multiple violations must be alleged
in a single charge or indictment and brought in a single prosecution.
(b) Possession of animals, in whole or in part, captured or killed in
violation of this Act, valued at or in excess of $500, as per specie value
specified
in paragraph (3), (4), (5), (6), (7), or (8) of subsection (c) of this Section, shall be considered prima facie evidence
of possession for profit or commercial purposes. Possession of animals, in whole or in part, captured or killed in violation of this Act, valued at or in excess of $3,000 as per specie value specified in subsection (c) or $700 as specified in subsection (d) of this Section, shall be considered prima facie evidence of possession for profit or commercial purposes.
(c) For purposes of this Section,
the fair market value or replacement cost, whichever is greater, shall be
used to determine the value of the species protected by this Act, but in no
case shall the minimum value of all species protected by
this Act be less than as follows:
(1) Eagle, $1,000;
(2) Whitetail deer, $1,000, subject to any additional
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| value for antlered whitetail deer as indicated in subsection (d), and wild turkey, $500;
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(3) Fur-bearing mammals, $50;
(4) Game birds (except the wild turkey) and migratory
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| game birds (except Trumpeter swans), $50;
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(5) Owls, hawks, falcons, kites, harriers, and
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| ospreys, and other birds of prey, $250;
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(6) Game mammals (except whitetail deer), $50;
(7) Other mammals, $100;
(8) Resident and migratory non-game birds (except
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(9) Trumpeter swans, $1,000.
(d) In this subsection (d), "point" means a projection on the antler of a whitetail antlered deer that is at least one-inch long as measured from the tip to the nearest edge of antler beam and the length of which exceeds the length of its base. A person who possesses whitetail antlered deer, in whole or in part, captured or killed in violation of this Act, shall pay restitution to the Department in the amount of $1,000 per whitetail antlered deer and an additional $500 per antler point for each whitetail antlered deer with at least 8 but not more than 10 antler points. For whitetail antlered deer with 11 or more antler points, restitution of $1,000 shall be paid to the Department per whitetail antlered deer plus $750 per antler point. The restitution amount listed in this subsection (d) shall be the fair market value of an antlered whitetail deer for purposes of this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-837, eff. 5-13-22.)
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(520 ILCS 5/2.37) (from Ch. 61, par. 2.37) (Text of Section before amendment by P.A. 104-361) Sec. 2.37. Authority to kill wildlife responsible for damage. (a) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may authorize owners and tenants of lands or their agents, who are performing the service without fee or compensation, to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land. Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation. If, after investigation, the Department finds that damage does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage. A permit to control the damage shall be for a period of up to 90 days, shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, without fee or compensation, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona fide public or State scientific, educational, or zoological institution. The permittee shall advise the Department in writing, within 10 days after the expiration date of the permit, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary. (b) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to: (1) any person who is providing such service or |
| solicits customers for themselves or on behalf of a nuisance wildlife control permit holder for a fee or compensation;
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(2) a governmental body; or
(3) a nonprofit or other charitable organization.
The Department shall set forth applicable regulations in an Administrative Order and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information.
Any person operating under a Nuisance Wildlife Control Permit who subcontracts the operation of nuisance wildlife control to another shall ensure that such subcontractor possesses a valid Nuisance Wildlife Control Permit issued by the Department. The person must maintain a record of the subcontractor including the subcontractor's name, address, and phone number, and type of work to be performed, for a period of not less than 2 years from the date the subcontractor is no longer performing services on behalf of the person. The records shall be presented to an authorized employee of the Department or law enforcement officer upon request for inspection.
Any person operating without the required permit as outlined under this subsection (b) or in violation of this subsection (b) is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of this Code, including the taking or attempting to take such species for commercial purposes as outlined in Sections 2.36 and 2.36a of this Code. Any devices and equipment, including vehicles, used in violation of this subsection (b) may be subject to the provisions of Section 1.25 of this Code.
Any person properly permitted and operating under the provisions of this subsection is exempt from the provisions of this Act except as limited by administrative rule adopted by the Department.
(c) The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act.
(d) A drainage district or road district or the designee of a drainage district or road district shall be exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with this Code, including marking or identification. The designee of a drainage district or road district must have a signed and dated written authorization from the drainage district or road district in possession at all times when conducting activities under this Section. This exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district or road district. For the purposes of this Section, "road district" includes a township road district.
(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff. 1-1-25.)
(Text of Section after amendment by P.A. 104-361)
Sec. 2.37. Authority to kill wildlife responsible for damage.
(a) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may authorize owners and tenants of lands or their agents, who are performing the service without fee or compensation, to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land.
Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation.
If, after investigation, the Department finds that damage or risk to human safety does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage.
A permit to control the damage shall be for a period set by administrative rule, shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, without fee or compensation for the initial permits issued to a landowner or tenant, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona fide public or State scientific, educational, or zoological institution.
The permittee shall advise the Department in writing, as set by administrative rule, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary.
The Department shall adopt rules establishing: (i) procedures and criteria for issuance; (ii) timeline for issuance of permits; (iii) method of take; (iv) disposition of remains; (v) reporting; (vi) evaluation of damage; (vii) cost; (viii) suspension or revocation of permits; (ix) denial of permits; and (x) renewal of permits issued under this Section. The Department shall adopt rules that allow landowners to have other individuals, that meet all requirements set forth in this Act, destroy deer authorized under permits issued to that landowner under this Section. The Department shall adopt rules allowing the automatic issuance of additional antlerless-only permits during the regular firearm or archery season of that year if a landowner demonstrates proof of successfully harvesting 50% of the permits issued from a permit issued under this Section to destroy deer in that same calendar year. The Department shall adopt rules allowing the automatic eligibility for additional permits to be issued in the following calendar year for use between June 1 through September 15 if a landowner demonstrates proof of harvesting 80% of the permits that were issued under this Section that were issued to the landowner for the previous year's regular firearm and archery deer hunting seasons.
(b) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to:
(1) any person who is providing such service or
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| solicits customers for themselves or on behalf of a nuisance wildlife control permit holder for a fee or compensation;
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(2) a governmental body; or
(3) a nonprofit or other charitable organization.
The Department shall set forth applicable regulations in an Administrative rule and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information.
Any person operating under a Nuisance Wildlife Control Permit who subcontracts the operation of nuisance wildlife control to another shall ensure that such subcontractor possesses a valid Nuisance Wildlife Control Permit issued by the Department. The person must maintain a record of the subcontractor including the subcontractor's name, address, and phone number, and type of work to be performed, for a period of not less than 2 years from the date the subcontractor is no longer performing services on behalf of the person. The records shall be presented to an authorized employee of the Department or law enforcement officer upon request for inspection.
Any person operating without the required permit as outlined under this subsection (b) or in violation of this subsection (b) is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of this Code, including the taking or attempting to take such species for commercial purposes as outlined in Sections 2.36 and 2.36a of this Code. Any devices and equipment, including vehicles, used in violation of this subsection (b) may be subject to the provisions of Section 1.25 of this Code.
Any person properly permitted and operating under the provisions of this subsection is exempt from the provisions of this Act except as limited by administrative rule adopted by the Department.
(c) The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act.
(d) A drainage district or road district or the designee of a drainage district or road district shall be exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with this Code, including marking or identification. The designee of a drainage district or road district must have a signed and dated written authorization from the drainage district or road district in possession at all times when conducting activities under this Section. This exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district or road district. For the purposes of this Section, "road district" includes a township road district.
(e) The Department shall make available on its website the current and relevant information, criteria, and directions to the public for permits issued under this Section.
(Source: P.A. 103-37, eff. 6-9-23; 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff. 1-1-25; 104-361, eff. 1-1-26.)
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(520 ILCS 5/2.38) (from Ch. 61, par. 2.38) (Text of Section before amendment by P.A. 104-325) Sec. 2.38. No person shall at any time:
(1) falsify, alter or change in any manner, or |
| provide deceptive or false information required for, any license, permit or tag issued under the provisions hereof;
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(2) falsify any record required by this Act;
(3) counterfeit any form of license, permit or tag
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| provided for by this Act;
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(4) loan or transfer to another person any license,
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| permit, or tag issued under this Act; or
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(5) use in the field any license, permit, or tag
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| issued to another person.
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It is unlawful to possess any license, permit or tag issued under the
provisions of this Act which was fraudulently obtained, or which the
possessor knew, or should have known, was falsified, altered, changed in
any manner or fraudulently obtained.
The Department shall suspend the privileges, under this Act, of any person found guilty of violating this Section for a period of not less than one year.
(Source: P.A. 95-13, eff. 1-1-08.)
(Text of Section after amendment by P.A. 104-325)
Sec. 2.38. No person shall at any time:
(1) falsify, alter or change in any manner, or
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| provide deceptive or false information required for, any license, permit or tag issued under the provisions hereof;
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(2) falsify any record required by this Act;
(3) counterfeit any form of license, permit or tag
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| provided for by this Act;
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(4) loan or transfer to another person any license,
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| permit, or tag issued under this Act; or
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(5) use in the field any license, permit, or tag
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| issued to another person.
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It is unlawful to possess any license, permit or tag issued under the provisions of this Act which was fraudulently obtained, or which the possessor knew, or should have known, was falsified, altered, changed in any manner or fraudulently obtained.
(Source: P.A. 104-325, eff. 1-1-26.)
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(520 ILCS 5/3.1-6) (Text of Section from P.A. 99-869) Sec. 3.1-6. Special deer, turkey, and combination hunting licenses. (a) For the purpose of this Section: "Bona fide equity member" means an individual who: (1) (i) became a member upon the formation of the |
| limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the LLC assets represented by the distributional interest in the LLC and subsequently becomes a member of the company under Article 30 of the Limited Liability Company Act; and
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(2) intends to retain the membership for at least 5
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"Bona fide equity partner" means an individual who:
(1) (i) became a partner, either general or limited,
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| upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership;
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(2) intends to retain ownership of the partnership
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| interest for at least 5 years; and
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(3) is a resident of this State.
"Bona fide equity shareholder" means an individual who:
(1) purchased, for market price, publicly sold stock
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| shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and
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(2) intends to retain the ownership of the shares of
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| stock for at least 5 years.
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(b) Landowner deer, turkey, and combination permits shall be issued without charge to:
(1) Illinois landowners residing in this State who
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| own at least 40 acres of Illinois land and wish to hunt upon their land only;
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(2) resident tenants of at least 40 acres of
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| commercial agricultural land where they will hunt; and
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(3) bona fide equity shareholders of a corporation,
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| bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 40 acres of land in a county in this State who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 40 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership.
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Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.
(c) The deer, turkey, or combination hunting permit issued without fee shall be valid on all farm lands which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued to a bona fide equity shareholder, bona fide equity member, or bona fide equity partner, the permit shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county.
(Source: P.A. 99-869, eff. 1-1-17.)
(Text of Section from P.A. 104-59)
Sec. 3.1-6. Special deer, turkey, and combination hunting licenses.
(a) For the purpose of this Section:
"Bona fide equity member" means an individual who:
(1) (i) became a member upon the formation of the
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| limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the LLC assets represented by the distributional interest in the LLC and subsequently becomes a member of the company under Article 30 of the Limited Liability Company Act; and
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(2) intends to retain the membership for at least 5
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"Bona fide equity partner" means an individual who:
(1) (i) became a partner, either general or limited,
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| upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership;
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(2) intends to retain ownership of the partnership
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| interest for at least 5 years; and
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(3) is a resident of this State.
"Bona fide equity shareholder" means an individual who:
(1) purchased, for market price, publicly sold stock
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| shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and
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(2) intends to retain the ownership of the shares of
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| stock for at least 5 years.
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(b) Landowner deer, turkey, and combination permits shall be issued without charge to:
(1) Illinois landowners residing in this State who
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| own at least 40 acres of Illinois land and wish to hunt upon their land only;
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(2) resident tenants of at least 40 acres of
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| commercial agricultural land where they will hunt; and
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(3) bona fide equity shareholders of a corporation,
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| bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 40 acres of land in a county in this State who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 40 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership.
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Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.
(b-5) Landowner deer permits shall be issued without charge to:
(1) Illinois landowners residing in this State who
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| own at least 20 acres of Illinois land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and who wish to hunt upon their land only;
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(2) resident tenants of at least 20 acres of
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| commercial agricultural land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd where they will hunt and who wish to hunt upon the land they are tenants of only; and
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(3) bona fide equity shareholders of a corporation,
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| bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 20 acres of land in a county in this State where the Department has positively identified chronic wasting disease cases in the deer herd and who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 20 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership.
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Bona fide landowners or tenants who do not wish to
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| hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner.
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Nonresidents of this State who own at least 20 acres of land where the Department has positively identified chronic wasting disease cases in the deer herd and who wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.
(c) The deer, turkey, or combination hunting permit issued without fee shall be valid on all farm lands which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued to a bona fide equity shareholder, bona fide equity member, or bona fide equity partner, the permit shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county.
(Source: P.A. 104-59, eff. 1-1-26.)
(Text of Section from P.A. 104-361)
Sec. 3.1-6. Landowner or tenant deer and turkey hunting permits.
(a) For the purpose of this Section:
"Bona fide current income beneficiary" means an individual who, at the time of application for a permit, is:
(1) entitled to income, whether income exists or not,
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| from the trust that owns Illinois land on which the applicant wishes to hunt with no condition precedent, such as surviving another person or reaching a certain age, other than the trustee distributing the income; and
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(2) listed by name in the trust documents as an
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"Bona fide equity member" means an individual who:
(1) (i) became a member upon the formation of the
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| limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the LLC assets represented by the distributional interest in the LLC and subsequently becomes a member of the company under Article 30 of the Limited Liability Company Act; and
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(2) intends to retain the membership for at least 5
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"Bona fide equity partner" means an individual who:
(1) (i) became a partner, either general or limited,
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| upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership;
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(2) intends to retain ownership of the partnership
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| interest for at least 5 years; and
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(3) is a resident of this State.
"Bona fide equity shareholder" means an individual who:
(1) purchased, for market price, publicly sold stock
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| shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and
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(2) intends to retain the ownership of the shares of
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| stock for at least 5 years.
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"Current owners" means one or more bona fide landowners, one or more bona fide current income beneficiaries, one or more bona fide equity shareholders of a corporation, one or more bona fide equity members of a limited liability company, or one or more bona fide equity partners of a partnership that all own the same 240 acres of Illinois land.
"Immediate family of a bona fide landowner, tenant, or a bona fide current income beneficiary" means the spouse, children, brothers, sisters, grandchildren, grandparents, and parents permanently residing on the same property as the bona fide landowner, tenant, or bona fide current income beneficiary.
"Tenant" means a person who rents 40 acres or more of Illinois land for commercial agricultural purposes under a written notarized agreement with the landowner.
(b) Landowner deer and turkey permits shall be issued without charge to an Illinois resident that owns at least 40 acres of Illinois land and that wishes to hunt only on the land that Illinois resident owns. Deer permits issued under this Section shall consist of one either-sex permit and one antlerless-only permit for the deer firearm season and one either-sex permit and one antlerless-only permit for the archery deer season. Land ownership shall only be accepted by the Department for:
(1) bona fide landowners;
(2) bona fide current income beneficiaries of a trust
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| in which the trust owns Illinois land; and
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(3) bona fide equity shareholders of a corporation,
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| bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns land in this State.
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(b-5) Tenant deer and turkey permits shall be issued without charge to Illinois resident tenants of at least 40 acres of commercial agricultural land that wish to hunt only on the land of which they are resident tenants. Deer permits issued under this Section shall consist of (i) one either-sex permit and one antlerless-only permit for the deer firearm season and (ii) one either-sex permit and one antlerless-only permit for the archery deer season.
(b-10) The total number of deer or turkey permits that may be issued to a person under this Section shall be established by administrative rule.
(b-15) Bona fide landowners who do not wish to hunt only on the land they own, tenants who do not wish to hunt only on the land they rent or lease, or bona fide equity shareholders, bona fide equity members, bona fide current income beneficiaries of a trust, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, trust, or partnership shall be charged the same fee as the applicant who is not a bona fide landowner, Illinois resident tenant, bona fide equity shareholder, bona fide equity member, bona fide current income beneficiary of a trust, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land as a bona fide landowner, a bona fide current income beneficiary of a trust, a bona fide equity shareholder, or a bona fide equity member and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.
(c) A deer or turkey hunting permit issued without fee shall be valid on all Illinois lands which the person to whom it is issued owns, including land owned by the individual as a bona fide landowner, land owned as a bona fide equity shareholder of a corporation, land owned by the individual as a bona fide equity member of a limited liability company, and land owned by the individual as a bona fide equity partner of a partnership.
(d) Except for a person hunting under a permit issued under subsection (e) or (f), while hunting under a permit issued under this Section, a person must carry the permit and documentation showing proof of that the person is a bona fide landowner, a bona fide equity shareholder of a corporation, a bona fide equity member of a limited liability company, a bona fide current income beneficiary, a bona fide equity partners of a general or limited partnership, or a tenant. While hunting under a permit issued under subsection (e) or (f), a person must carry the permit and documentation showing that the person is actively hunting on land covered by the permit.
(e) The Department may, by administrative rule, issue permits under this Section to the immediate family of a bona fide landowner, a bona fide current income beneficiary, or tenant.
(f) For every 240 acres of Illinois land owned by the current owners, the Department may issue one guest either-sex deer permit and one guest antlerless-only deer permit. The guest permits shall be for the same deer hunting season and for the same method of take as issued to the current owner. A guest permit shall be issued to an individual who is not a current owner and is listed on the application for the issuance of guest deer hunting permits by a current owner. An individual designated by a current owner must meet all the eligibility requirements to hunt under this Code and shall pay all fees required under Section 2.26 for the permits issued, including non-resident fees if that individual is a non-resident. Permits issued under this subsection may not be offered for resale by the landowner receiving the permit and are nontransferable. No more than 5 individuals, regardless of total number of 240 acres of Illinois land owned by the current owners, may be issued guest permits under this subsection.
(g) The Department may adopt rules to administer and enforce this Section, including, but not limited to, application requirements, proof of ownership requirements, proof of residency requirements, eligibility requirements, restrictions, and suspension and revocation of permits.
(h) No person shall be issued more than (i) one either-sex permit and one antlerless-only permit for the deer firearm season and (ii) one either-sex permit and one antlerless-only permit for the deer archery season under this Section.
(Source: P.A. 104-361, eff. 1-1-27.)
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(520 ILCS 5/3.2) (from Ch. 61, par. 3.2) (Text of Section before amendment by P.A. 104-325) Sec. 3.2. Hunting license; application; instruction. Before the
Department or any county, city, village, township, incorporated town clerk
or his duly designated agent or any other person authorized or designated
by the Department to issue hunting licenses shall issue a hunting license
to any person, the person shall file his application with the Department or
other party authorized to issue licenses on a form provided by the
Department and further give definite proof of identity and place of legal
residence. Each clerk designating agents to issue licenses and stamps
shall furnish the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his duly
designated agent shall be authorized to sell licenses and stamps only
within the territorial area for which he was elected or appointed. No duly
designated agent is authorized to furnish licenses or stamps for
issuance by any other business establishment. Each
application shall be executed and sworn to and shall set forth the name
and description of the applicant and place of residence. No hunting license shall be issued to any person born on or after January
1,
1980
unless he presents the person authorized to issue the license
evidence that he has held a hunting license issued by the State of Illinois
or another state in a prior year, or a certificate of competency as
provided in this Section. Persons under 18 years of age may be issued a
Lifetime Hunting or Sportsmen's Combination License as provided under Section
20-45 of the Fish and Aquatic Life Code but shall not be entitled to hunt alone, without the supervision of an adult age 21 or older,
unless they have a certificate of competency as provided in this Section and
the certificate is in their possession while hunting. The Department of Natural Resources shall authorize
personnel of the
Department or certified volunteer instructors to conduct courses, of not
less than 10 hours in length, in firearms and hunter safety, which may include
training in bow and arrow safety, at regularly specified intervals throughout
the State. Persons successfully completing the course shall receive a
certificate of competency. The Department of Natural Resources may further
cooperate with any reputable association or organization in establishing
courses if the organization has as one of its objectives the promotion of
safety in the handling of firearms or bow and arrow. The Department of Natural Resources shall designate any
person found by it
to be competent to give instruction in the handling of firearms, hunter
safety, and bow and arrow. The persons so appointed shall give the
course of instruction and upon the successful completion shall
issue to the person instructed a certificate of competency in the safe
handling of firearms, hunter safety, and bow and arrow. No charge shall
be made for any course of instruction except for materials or ammunition
consumed. The Department of Natural Resources shall
furnish information on
the requirements of hunter safety education programs to be distributed
free of charge to applicants for hunting licenses by the persons
appointed and authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee charged
for the Firearm Owners Identification Card. The fee for a hunting license to hunt all species for a resident of
Illinois is $12. For residents age 65 or older, and, commencing with the 2012 license year, resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, the fee is one-half of the
fee charged for a hunting license to hunt all species for a resident of
Illinois. Veterans must provide to the Department acceptable verification of their service. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing resident veterans hunting
licenses at a reduced fee. The fee for a hunting license to hunt all species shall be $1 for residents over 75 years of age. Nonresidents shall be charged $57 for a hunting license. Residents of this State may obtain a 3-year hunting license to hunt all species as described in Section 3.1 for 3 times the annual fee. For residents age 65 or older and resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year hunting license to hunt all species as described in Section 3.1 for a resident of this State. Veterans must provide to the Department, per administrative rule, verification of their service. The Department shall establish what constitutes suitable verification of service for the purpose of issuing resident veterans 3-year hunting licenses at a reduced fee. Nonresidents may be issued a nonresident hunting license for a
period not to exceed 10 consecutive days' hunting in the State and shall
be charged a fee of $35. A special nonresident hunting license authorizing a nonresident to
take game birds by hunting on a game breeding and hunting preserve
area only, established under Section 3.27, shall be issued upon proper
application being made and payment of a fee equal to that for a resident
hunting license. The expiration date of this license shall be on the same
date each year that game breeding and hunting preserve
area licenses expire. Each applicant for a State Migratory Waterfowl Stamp, regardless of
his residence or other condition, shall pay a fee of $15 and
shall receive a stamp. The fee for a State Migratory Waterfowl Stamp shall be waived for residents over 75 years of age. Except as provided under
Section 20-45 of the Fish and Aquatic Life Code,
the stamp shall be signed by the person or affixed to his license
or permit in a space designated by the Department for that purpose. Each applicant for a State Habitat Stamp, regardless of his residence
or other condition, shall pay a fee of $5 and shall receive a
stamp. The fee for a State Habitat Stamp shall be waived for residents over 75 years of age. Except as provided under Section 20-45 of the Fish and Aquatic Life
Code, the stamp shall be signed by the person or affixed to his license or
permit in a space designated by the Department for that purpose. Nothing in this Section shall be construed as to require the purchase
of more than one State Habitat Stamp by any person in any one license year. The fees for State Pheasant Stamps and State Furbearer Stamps shall be waived for residents over 75 years of age. The Department shall furnish the holders of hunting licenses and stamps
with an insignia as evidence of possession of license, or license and
stamp, as the Department may consider advisable. The insignia shall be
exhibited and used as the Department may order. All other hunting licenses and all State stamps shall expire upon
March 31 of each year. Three-year hunting licenses shall expire on March 31 of the 2nd year after the year in which the license is issued. Every person holding any license, permit, or stamp issued under the
provisions of this Act shall have it in his possession for immediate
presentation for inspection to the officers and authorized employees of
the Department, any sheriff, deputy sheriff, or any other peace officer making
a demand for it. This provision shall not apply to Department owned or
managed sites where it is required that all hunters deposit their license,
permit, or Firearm Owner's Identification Card at the check station upon
entering the hunting areas. For the purposes of this Section, "acceptable verification" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad. For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States. (Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.) (Text of Section after amendment by P.A. 104-325) Sec. 3.2. Hunting license; application; instruction. Before the Department or any county, city, village, township, incorporated town clerk or the clerk's duly designated agent or any other person authorized or designated by the Department to issue hunting licenses shall issue a hunting license to any person, the person shall file the person's application with the Department or other party authorized to issue licenses on a form provided by the Department and further give definite proof of identity and place of legal residence. Each clerk designating agents to issue licenses and stamps shall furnish the Department, within 10 days following the appointment, the names and mailing addresses of the agents. Each clerk or the clerk's duly designated agent shall be authorized to sell licenses and stamps only within the territorial area for which the clerk was elected or appointed. No duly designated agent is authorized to furnish licenses or stamps for issuance by any other business establishment. Each application shall be executed and sworn to and shall set forth the name and description of the applicant and place of residence. No hunting license shall be issued to any person born on or after January 1, 1980 unless that person presents the person who is authorized to issue the license evidence that the person seeking the license has held a hunting license issued by the State of Illinois in a prior year, or a certificate of competency as provided in this Section. Persons under 18 years of age may be issued a Lifetime Hunting or Sportsmen's Combination License as provided under Section 20-45 of the Fish and Aquatic Life Code but shall not be entitled to hunt alone, without the supervision of an adult age 21 or older, unless they have a certificate of competency as provided in this Section and the certificate is in their possession while hunting. The Department of Natural Resources shall authorize personnel of the Department or certified volunteer instructors to conduct courses, of not less than 10 hours in length, in firearms and hunter safety, which may include training in bow and arrow safety, at regularly specified intervals throughout the State. Persons successfully completing the course shall receive a certificate of competency. The Department of Natural Resources may further cooperate with any reputable association or organization in establishing courses if the organization has as one of its objectives the promotion of safety in the handling of firearms or bow and arrow. The Department of Natural Resources shall designate any person found by it to be competent to give instruction in the handling of firearms, hunter safety, and bow and arrow. The persons so appointed shall give the course of instruction and upon the successful completion shall issue to the person instructed a certificate of competency in the safe handling of firearms, hunter safety, and bow and arrow. No charge shall be made for any course of instruction except for materials or ammunition consumed. The Department of Natural Resources shall furnish information on the requirements of hunter safety education programs to be distributed free of charge to applicants for hunting licenses by the persons appointed and authorized to issue licenses. Funds for the conducting of firearms and hunter safety courses shall be taken from the fee charged for the Firearm Owners Identification Card. The fee for a hunting license to hunt all species for a resident of Illinois is $12. For residents age 65 or older, and, commencing with the 2012 license year, resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, the fee is one-half of the fee charged for a hunting license to hunt all species for a resident of Illinois. Veterans must provide to the Department acceptable verification of their service. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing resident veterans hunting licenses at a reduced fee. The fee for a hunting license to hunt all species shall be $1 for residents over 75 years of age. Nonresidents shall be charged $57 for a hunting license. Residents of this State may obtain a 3-year hunting license to hunt all species as described in Section 3.1 for 3 times the annual fee. For residents age 65 or older and resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year hunting license to hunt all species as described in Section 3.1 for a resident of this State. Veterans must provide to the Department, per administrative rule, verification of their service. The Department shall establish what constitutes suitable verification of service for the purpose of issuing resident veterans 3-year hunting licenses at a reduced fee. Nonresidents may be issued a nonresident hunting license for a period not to exceed 10 consecutive days' hunting in the State and shall be charged a fee of $35. A special nonresident hunting license authorizing a nonresident to take game birds by hunting on a game breeding and hunting preserve area only, established under Section 3.27, shall be issued upon proper application being made and payment of a fee equal to that for a resident hunting license. The expiration date of this license shall be on the same date each year that game breeding and hunting preserve area licenses expire. Each applicant for a State Migratory Waterfowl Stamp, regardless of the applicant's residence or other condition, shall pay a fee of $15 and shall receive a stamp. The fee for a State Migratory Waterfowl Stamp shall be waived for residents over 75 years of age. Except as provided under Section 20-45 of the Fish and Aquatic Life Code, the stamp shall be signed by the person or affixed to the person's license or permit in a space designated by the Department for that purpose. Each applicant for a State Habitat Stamp, regardless of the applicant's residence or other condition, shall pay a fee of $5 and shall receive a stamp. The fee for a State Habitat Stamp shall be waived for residents over 75 years of age. Except as provided under Section 20-45 of the Fish and Aquatic Life Code, the stamp shall be signed by the person or affixed to the person's license or permit in a space designated by the Department for that purpose. Nothing in this Section shall be construed as to require the purchase of more than one State Habitat Stamp by any person in any one license year. The fees for State Pheasant Stamps and State Furbearer Stamps shall be waived for residents over 75 years of age. The Department shall furnish the holders of hunting licenses and stamps with an insignia as evidence of possession of license, or license and stamp, as the Department may consider advisable. The insignia shall be exhibited and used as the Department may order. All other hunting licenses and all State stamps shall expire upon March 31 of each year. Three-year hunting licenses shall expire on March 31 of the 2nd year after the year in which the license is issued. Every person holding any license, permit, or stamp issued under the provisions of this Act shall have it in the person's possession for immediate presentation for inspection to the officers and authorized employees of the Department, any sheriff, deputy sheriff, or any other peace officer making a demand for it. This provision shall not apply to Department owned or managed sites where it is required that all hunters deposit their license, permit, or Firearm Owner's Identification Card at the check station upon entering the hunting areas. For the purposes of this Section, "acceptable verification" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad. For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States. (Source: P.A. 103-456, eff. 1-1-24; 104-325, eff. 1-1-26.) |
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5) (Text of Section before amendment by P.A. 104-325) Sec. 3.5. Penalties; probation. (a) Any person who violates any of the provisions of Section 2.36a, including administrative rules, shall be guilty of a Class 3 felony, except as otherwise provided in subsection (b) of this Section and subsection (a) of Section 2.36a. (b) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under Section 1.22, 2.36, or 2.36a, operating without a permit as prescribed in subsection (b) of Section 2.37, or an offense under subsection (i) or (cc) of Section 2.33, the court may, without entering a judgment and with the person's consent, sentence the person to probation for a violation of Section 2.36a. (1) When a person is placed on probation, the court |
| shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
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(2) The conditions of probation shall be that the
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(A) Not violate any criminal statute of any
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(B) Perform no less than 30 hours of community
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| service, provided community service is available in the jurisdiction and is funded and approved by the county board.
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(3) The court may, in addition to other conditions:
(A) Require that the person make a report to and
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| appear in person before or participate with the court or courts, person, or social service agency as directed by the court in the order of probation.
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(B) Require that the person pay a fine and costs.
(C) Require that the person refrain from
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| possessing a firearm or other dangerous weapon.
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(D) Prohibit the person from associating with any
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| person who is actively engaged in any of the activities regulated by the permits issued or privileges granted by the Department of Natural Resources.
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(4) Upon violation of a term or condition of
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| probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
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(5) Upon fulfillment of the terms and conditions of
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| probation, the court shall discharge the person and dismiss the proceedings against the person.
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(6) A disposition of probation is considered to be a
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| conviction for the purposes of imposing the conditions of probation, for appeal, and for administrative revocation and suspension of licenses and privileges; however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.
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(7) Discharge and dismissal under this Section may
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| occur only once with respect to any person.
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(8) If a person is convicted of an offense under this
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| Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
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(9) The Circuit Clerk shall notify the Illinois State
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| Police of all persons convicted of or placed under probation for violations of Section 2.36a.
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(c) Any person who violates any of the provisions of Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection (f)), including administrative rules, shall be guilty of a Class B misdemeanor.
A person who violates Section 2.33b by using any computer software or service to remotely control a weapon that takes wildlife by remote operation is guilty of a Class B misdemeanor. A person who violates Section 2.33b by facilitating a violation of Section 2.33b, including an owner of land in which remote control hunting occurs, a computer programmer who designs a program or software to facilitate remote control hunting, or a person who provides weapons or equipment to facilitate remote control hunting, is guilty of a Class A misdemeanor.
Any person who violates any of the provisions of Sections 1.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative rules, shall be guilty of a Class A misdemeanor. Any second or subsequent violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
Any person who violates any of the provisions of this Act, including administrative rules, during such period when his license, privileges, or permit is revoked or denied by virtue of Section 3.36, shall be guilty of a Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p), (y), or (cc) of Section 2.33 shall be guilty of a Class A misdemeanor and subject to a fine of no less than $500 and no more than $5,000 in addition to other statutory penalties. In addition, the Department shall suspend the privileges, under this Act, of any person found guilty of violating subsection (cc) of Section 2.33 for a period of not less than one year.
Any person who operates without a permit in violation of subsection (b) of Section 2.37 is guilty of a Class A misdemeanor and subject to a fine of not less than $500. Any other violation of subsection (b) of Section 2.37, including administrative rules, is a Class B misdemeanor.
Any person who violates any other of the provisions of this Act including administrative rules, unless otherwise stated, shall be guilty of a petty offense. Offenses committed by minors under the direct control or with the consent of a parent or guardian may subject the parent or guardian to the penalties prescribed in this Section.
In addition to any fines imposed pursuant to the provisions of this Section or as otherwise provided in this Act, any person found guilty of unlawfully taking or possessing any species protected by this Act shall be assessed a civil penalty for such species in accordance with the values prescribed in Section 2.36a of this Act. This civil penalty shall be imposed by the Circuit Court for the county within which the offense was committed at the time of the conviction. Any person found guilty of violating subsection (b) of Section 2.37 is subject to an additional civil penalty of up to $1,500. All penalties provided for in this Section shall be remitted to the Department in accordance with the same provisions provided for in Section 1.18 of this Act, except that civil penalties collected for violation of subsection (b) of Section 2.37 shall be remitted to the Department and allocated as follows:
(1) 60% to the Conservation Police Operations
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(2) 40% to the Illinois Habitat Fund.
(Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23; 103-605, eff. 7-1-24.)
(Text of Section after amendment by P.A. 104-325)
Sec. 3.5. Penalties; probation.
(a) Any person who violates any of the provisions of Section 2.36a, including administrative rules, shall be guilty of a Class 3 felony, except as otherwise provided in subsection (b) of this Section and subsection (a) of Section 2.36a.
(b) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under Section 1.22, 2.36, or 2.36a, operating without a permit as prescribed in subsection (b) of Section 2.37, or an offense under subsection (i) or (cc) of Section 2.33, the court may, without entering a judgment and with the person's consent, sentence the person to probation for a violation of Section 2.36a.
(1) When a person is placed on probation, the court
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| shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
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(2) The conditions of probation shall be that the
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(A) Not violate any criminal statute of any
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(B) Perform no less than 30 hours of community
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| service, provided community service is available in the jurisdiction and is funded and approved by the county board.
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(3) The court may, in addition to other conditions:
(A) Require that the person make a report to and
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| appear in person before or participate with the court or courts, person, or social service agency as directed by the court in the order of probation.
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(B) Require that the person pay a fine and costs.
(C) Require that the person refrain from
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| possessing a firearm or other dangerous weapon.
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(D) Prohibit the person from associating with any
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| person who is actively engaged in any of the activities regulated by the permits issued or privileges granted by the Department of Natural Resources.
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(4) Upon violation of a term or condition of
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| probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
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(5) Upon fulfillment of the terms and conditions of
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| probation, the court shall discharge the person and dismiss the proceedings against the person.
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(6) A disposition of probation is considered to be a
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| conviction for the purposes of imposing the conditions of probation, for appeal, and for administrative revocation and suspension of licenses and privileges; however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.
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(7) Discharge and dismissal under this Section may
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| occur only once with respect to any person.
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(8) If a person is convicted of an offense under this
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| Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
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(9) The Circuit Clerk shall notify the Illinois State
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| Police of all persons convicted of or placed under probation for violations of Section 2.36a.
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(c) Any person who violates any of the provisions of Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection (f)), including administrative rules, shall be guilty of a Class B misdemeanor.
A person who violates Section 2.33b by using any computer software or service to remotely control a weapon that takes wildlife by remote operation is guilty of a Class B misdemeanor. A person who violates Section 2.33b by facilitating a violation of Section 2.33b, including an owner of land in which remote control hunting occurs, a computer programmer who designs a program or software to facilitate remote control hunting, or a person who provides weapons or equipment to facilitate remote control hunting, is guilty of a Class A misdemeanor.
Any person who violates any of the provisions of Sections 1.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative rules, shall be guilty of a Class A misdemeanor. Any second or subsequent violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
Any person who violates any of the provisions of this Act, including administrative rules, during such period when the person's license, privileges, or permit is revoked or denied by virtue of Section 3.36, shall be guilty of a Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p), (y), or (cc) of Section 2.33 shall be guilty of a Class A misdemeanor and subject to a fine of no less than $500 and no more than $5,000 in addition to other statutory penalties.
Any person who operates without a permit in violation of subsection (b) of Section 2.37 is guilty of a Class A misdemeanor and subject to a fine of not less than $500. Any other violation of subsection (b) of Section 2.37, including administrative rules, is a Class B misdemeanor.
Any person who violates any other of the provisions of this Act including administrative rules, unless otherwise stated, shall be guilty of a petty offense. Offenses committed by minors under the direct control or with the consent of a parent or guardian may subject the parent or guardian to the penalties prescribed in this Section.
In addition to any fines imposed pursuant to the provisions of this Section or as otherwise provided in this Act, any person found guilty of unlawfully taking or possessing any species protected by this Act shall be assessed a civil penalty for such species in accordance with the values prescribed in Section 2.36a of this Act. This civil penalty shall be imposed by the Circuit Court for the county within which the offense was committed at the time of the conviction. Any person found guilty of violating subsection (b) of Section 2.37 is subject to an additional civil penalty of up to $1,500. All penalties provided for in this Section shall be remitted to the Department in accordance with the same provisions provided for in Section 1.18 of this Act, except that civil penalties collected for violation of subsection (b) of Section 2.37 shall be remitted to the Department and allocated as follows:
(1) 60% to the Conservation Police Operations
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(2) 40% to the Illinois Habitat Fund.
(Source: P.A. 103-37, eff. 6-9-23; 103-605, eff. 7-1-24; 104-325, eff. 1-1-26.)
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(520 ILCS 5/3.23) (from Ch. 61, par. 3.23)
Sec. 3.23. Before any person shall hold, possess or engage in the raising of
game mammals, game birds or migratory game birds protected by this Act,
he shall procure a permit from the Department to do so. Any person
desiring to possess, propagate, hold in captivity but not offer for sale
any species protected by this Act may do so by
acquiring either a Class A Noncommercial bird breeders permit or a Class
A Noncommercial game breeders permit. Any person desiring to possess,
propagate, to hold in captivity, to sell alive, for propagation or
hunting purposes, sell dressed for food purposes any species protected by
this Act may do so by acquiring a
Class B Commercial bird breeders permit or a Class B Commercial/game
breeders permit.
No person shall breed, raise, sell
or offer to sell ferrets without first obtaining from the Department either a Class A
noncommercial game breeder permit or a Class B commercial game breeder
permit; such permit shall not, however,
authorize the use or sale of ferrets for taking any of the wild birds or
wild mammals protected by this Act.
Except for a Class A noncommercial ferret permit which shall be issued
free of charge, the fee for a Class A permit shall be $10. The
fee
for a
Class B permit shall
be $20. Both Class A and Class B permits shall expire
on March 31 of each year.
Holders of wild game or bird breeder's permits may import game mammals, game
birds or migratory game birds into the State of Illinois but may release
the same only with the permission of the Director.
Bobwhite quail and male pheasants raised in Illinois from eggs
originating in Illinois and reared under the provisions of this
Act may be released and harvested by hunting during the open season
provided by the regulations under Sections 2.6 and 2.7 of this Act.
Hen pheasants raised in Illinois from eggs originating in Illinois and
reared under the provisions of this Act may be released but may be
harvested only as provided by the regulations under Sections 2.34 and 3.28 of this Act.
Licensed breeders who hold Class B permits may sell live
hand-reared pheasants, bobwhite quail and chukar partridges to organized
field trial clubs, or to individuals operating dog training grounds
designated by the Department, to be used for field trial purposes and
such pheasants, bobwhite quail and chukar partridges may be killed by
shooting in connection therewith on areas approved by the Department.
Tags or decals on containers, of a type not removable without
breaking or mutilating the tag or decal, shall be used to designate the
carcasses of game mammals, game birds or migratory game birds raised in
captivity, as provided in this Section, and all game imported legally
from any source outside the State of Illinois shall be so designated
with irremovable tags or decals. If such tag or decal is not provided
for in the State of origin the consignor shall obtain such tags or
decals from the Department to identify such carcasses. Upon the
application and payment of a fee of 10 cents for such tag or decal, the
Department shall furnish permittees with such tags or decals, except
that the Department shall only furnish any permittee with sufficient
tags or decals for the number of game mammals, game birds or migratory
game birds, or parts of carcasses thereof, as may from time to time have
been disposed of by the permittee. One of such tags shall be securely
affixed to one of the legs of each game mammal, except deer, where a tag
shall be affixed to each leg, game bird or migratory game bird before
removing such game mammal, game bird or migratory game bird from the
premises of the permittee, and such tags shall remain upon the leg or
legs of such mammal, game bird or migratory bird until prepared for
consumption. Class B permit holders who sell such species dressed for food
purposes shall affix such tags to one of the legs of each game mammal, except
deer, where a tag must be secured to each leg, game bird or migratory game
bird or shall secure such decals on the containers in which the carcasses
are transported before removing such species from the premises of the permittees.
Nothing in this Section shall be construed to give any such permittee
authority to take game mammals, game birds or migratory game birds in
their wild state contrary to other provisions of this Act, or to remove
such permittee from responsibility for the observance of any Federal
laws, rules or regulations which may apply to such game mammals, game
birds or migratory game birds.
When any wild birds or wild mammals raised in captivity, or parts
thereof, are transported or offered for shipment by the holder of a
permit, issued under the provisions of Sections 1.6 and 1.7 hereof, or
by a licensed breeder from outside the State, such shipment shall be
plainly tagged or with decals if in containers so as to show the
contents thereof, the name of the shipper, his place of residence, the
place from where the shipment is made, its destination, name of
consignee and the number, date and type of permit under which shipment
is offered.
Game and game bird breeders shall keep records of the acquisition, sale
or disposition of each game mammal or game bird so raised or propagated,
showing the date of such transaction, the name and address of the person
acquiring or receiving such game mammal or game bird, and shall furnish
such person with a certificate of purchase showing the number and kinds of
game mammals or game birds so disposed of, the date of transaction, the
name of the person receiving, collecting, or buying such game mammals or
game birds, and such other information as the Department may require. Such
records and certificates of purchase or disposition shall be immediately
presented to officers or authorized employees of the Department, any
Sheriff, Deputy Sheriff, or other peace officer when request is made for same.
Failure to produce such records of certificates of purchase or
disposition shall be prima facie evidence that such game mammals or game
birds are contraband within the State of Illinois. Records shall be
maintained from the date of acquisition until 2 years after the date of
disposition or sale.
Duly organized clubs and associations approved by the Department and
engaged in the raising, for release only and without profit, any of the
game mammals and game birds protected by this Act are exempt from the
provisions of this Section.
No person shall release, hold, possess, or engage in raising San Juan
(sometimes called European) rabbits or finnraccoons (sometimes called
raccoon dogs) (Nyctereutes procyonoides) in this State and no permit shall be
issued therefor.
No person shall release, or propagate for the release any Nutria
(Myocastor coypus), and monk parakeet (Myiopsitta monachus), in
this State at any time.
(Source: P.A. 95-331, eff. 8-21-07.)
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(520 ILCS 5/3.26) Sec. 3.26. Hound running area permits; requirements. (a) Any person owning, holding, or controlling by lease, for a term of at least 5 years, any contiguous tract of land having an area prescribed by administrative rule who desires to establish a hound running area to pursue authorized species with hounds in a way that is not designed to capture or kill the authorized species, shall apply to the Department for a hound running area permit under this Section. The application shall be made under oath of the applicant or under oath of one of the applicant's principal officers if the applicant is an association, club, or corporation. The annual fee for each hound running area permit is $250. All hound running area permits expire on March 31 of each year. Every applicant under this Section must also hold a fur-bearing mammal breeder permit or a Class B commercial game breeder permit, as appropriate. Upon receipt of an application, the Department is authorized to inspect the area proposed to be a hound running area as described in the application, the general premises, the facilities where the authorized species are to be maintained or propagated, and the habitat for the authorized species. As part of the application and inspection process, the Department shall assess the ability of the applicant to operate a property as a hound running area. If the Department finds that (i) the area meets the requirements of all applicable laws and rules, (ii) the authorized species are healthy and disease free, and (iii) the issuing of the permit will otherwise be in the public interest, then the Department shall approve the application and issue the permit for the operation of the property described in the application. (b) Hound running areas shall be operated in a manner consistent with the following: (1) Authorized species may be pursued with dogs in a |
| hound running area, but not in a manner or with the intent to capture or kill. The Department shall promulgate rules that establish appropriate and prohibited activities for hound running areas.
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(2) Every hound running area shall have dog-proof
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| escape areas. "Dog-proof escape area" means a culvert, brush pile, fenced refuge, or other structure suitable for use by authorized species to safely escape from dogs present on the hound running area. The number, type, and spacing of dog-proof escape areas shall be prescribed by administrative rule.
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(3) Every permit holder shall promptly post on the
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| hound running area, at intervals of not more than 500 feet, signs prescribed by the Department by administrative rule. The boundaries of the hound running area shall also be clearly defined by fencing and signs under administrative rules promulgated by the Department. The area, signs, fencing, dog-proof escape areas, and facilities to maintain the authorized species are subject to inspection by the Department at any reasonable time.
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(4) A permit holder may maintain authorized species
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| in temporary confinement facilities on the hound running area or at another location inspected by the Department and specified on the permit. Authorized species held by a permit holder may only be released into a hound running area, except that authorized species held by a permit holder may be released into the wild, exported, or given to a person that does not hold a hound running area permit or a fur-bearing mammal breeder permit or a Class B Commercial game breeders permit as appropriate, after written authorization is obtained from the Director. Prior to being released into a hound running area, all newly acquired authorized species shall be provided at least 7 days to acclimate to the hound running area in which the animal will be pursued. Authorized species held under a permit are subject to inspection by an agent of the Department and this inspection may include removal of reasonable samples for examination.
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(5) Any person who releases or handles dogs on a
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| hound running area is subject to the hunting license and habitat stamp requirements of this Act.
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(6) The permit holder shall keep accurate permanent
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| records on forms prescribed by the Department. The permanent records shall include, for each supplier of authorized species: (i) the supplier's full name, address, and telephone numbers; (ii) the number, sex, and identifier designation of each animal purchased, donated, sold, traded, or given to the permit holder by that supplier; and (iii) the date of the event or transaction. The permanent records shall also include the identification of all authorized species, while under the control of the permit holder on the area or elsewhere, by identifier designation and sex, along with information for each animal of the authorized species that gave birth, was born, died, or was disposed of in some other manner or that was sold, traded, donated, or conveyed in some other manner, and the dates on which those events occurred.
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(7) Every permit holder shall attach an individually
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| marked identifier provided by the Department to each animal of the authorized species maintained by the permit holder. The permit holder shall pay a fee for each identifier as established by the Department by administrative rule. The permit holder shall record the identifier for each animal maintained on the area or elsewhere or released into the area.
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(8) Any person using the hound running area shall at
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| all times respect the property rights of the property owners and the owners of adjacent properties, and shall not injure or destroy any livestock or property of any of those property owners. Springs and streams shall not be contaminated or polluted in any manner by persons using the hound running area. The natural use of springs and streams by dogs using the area shall not constitute contamination or pollution. Unless the express permission of the property owner has been given, no person using a hound running area may (i) mutilate or cut trees or shrubs on the hound running area or (ii) pick berries, fruits, or nuts present on the hound running area.
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(c) Except as otherwise provided by administrative rule, it is unlawful for any person to enter a hound running area at any time with a firearm, bow and arrow, or trap.
(d) A hound running area permit is not transferable from one person to another. When a permit holder sells or leases the property that comprises or includes a hound running area and the purchaser or lessee intends to continue to use the hound running area under this Section, the purchaser or lessee must apply for a permit as provided in subsection (a) of this Section.
(e) All authorized species must be legally acquired.
(f) A person breeding or otherwise maintaining authorized species in conjunction with a hound running area must have the authorized species annually inspected and certified by a licensed Illinois veterinarian to be disease free. Anyone violating this subsection (f) is guilty of a business offense and shall be fined an amount not exceeding $5,000.
(g) The provisions of this Section are subject to modification by administrative rule.
(Source: P.A. 95-196, eff. 1-1-08.)
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(520 ILCS 5/3.36) (from Ch. 61, par. 3.36) (Text of Section before amendment by P.A. 104-325) Sec. 3.36. Revocation and suspension. (a) Whenever a license or permit is issued to any person
under this Act, and the holder thereof is found guilty of any
misrepresentation in obtaining such license or permit or of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of
any of the provisions of this Act, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, his
license or permit may be revoked by the Department, and the Department may
refuse to issue any permit or license to such person and may suspend the
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years following such revocation. Department revocation procedures shall be established by Administrative
rule. (b) Whenever any person who has not been issued a license or a permit
under the provisions of this Code is found guilty of a violation of Section 48-3 of the Criminal Code of 2012 or a violation of the
provisions of this Code, including administrative rules, or a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may
refuse to issue any permit or license to that person, and suspend that
person from engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years. (c) Any person who knowingly or intentionally violates any of the
provisions of this Act, including administrative rules, during such period
when his license or permit is revoked or denied by virtue of this Section
or during the time he is suspended under subsection (b), shall be guilty of
a Class A misdemeanor. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section. (d) Licenses and permits authorized to be issued under the provisions of
this Act shall be prepared by the Department and be in such form as
prescribed by the Department. The information required on each license
shall be completed thereon by the issuing agent or his sub-agent at the
time of issuance and each license shall be signed by the licensee, or
initialed by the designated purchaser and then signed immediately upon receipt
by the licensee, and
countersigned by the issuing agent or his sub-agent at the time of
issuance. All such licenses shall be supplied by the Department, subject to
such rules and regulations as the Department may prescribe. Any license not
properly prepared, obtained and signed as required by this Act shall be
void. (e) A person whose license or permit to engage in any activity regulated
by
this
Code has been suspended or revoked may not, during the period of the suspension
or
revocation or until obtaining such a license or permit, (i) be in the company
of any person
engaging in the activity covered by the suspension or revocation or (ii) serve
as a guide,
outfitter, or facilitator for a person who is engaged or prepared to engage in
the activity
covered by the suspension or revocation. (f) No person may be issued or obtain a license or permit or engage in any
activity
regulated by this Code during the time that the person's privilege to engage in
the same
or similar activities is suspended or revoked by another state, by a federal
agency, or by a
province of Canada. (g) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. (Source: P.A. 102-837, eff. 5-13-22; 103-456, eff. 1-1-24.) (Text of Section after amendment by P.A. 104-325) Sec. 3.36. Revocation and suspension. (a) Whenever a license or permit is issued to any person under this Act, and the holder thereof pleads guilty to, is found guilty of, or receives court supervision for: (1) any misrepresentation in obtaining such license or permit; (2) a violation of Section 48-3 of the Criminal Code of 2012; (3) a violation of any of the provisions of this Act, including administrative rules; or (4) a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, that person's license or permit may be revoked by the Department, and the Department may refuse to issue any permit or license to such person and may suspend the person from engaging in the activity requiring the permit or license for a period of time as established by administrative rule, unless otherwise specified in this Act. Department revocation procedures shall be established by Administrative rule. (b) Whenever any person who has not been issued a license or a permit under the provisions of this Code pleads guilty to, is found guilty of, or receives court supervision for any of the following: (1) a violation of Section 48-3 of the Criminal Code of 2012; (2) a violation of the provisions of this Code, including administrative rules; or (3) a violation of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing any wildlife protected by this Code when any part of the United States Code violation occurred in Illinois, the Department may refuse to issue any permit or license to that person, and suspend that person from engaging in the activity requiring the permit or license for a period of time as established in administrative rule, unless otherwise specified in this Act. (c) Any person who knowingly or intentionally violates any of the provisions of this Act, including administrative rules, during such period when his license or permit is revoked or denied by virtue of this Section or during the time the person is suspended under subsection (b), shall be guilty of a Class A misdemeanor. The penalties for a violation of Section 48-3 of the Criminal Code of 2012 shall be as provided in that Section. (d) Licenses and permits authorized to be issued under the provisions of this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be completed thereon by the issuing agent or his sub-agent at the time of issuance and each license shall be signed by the licensee, or initialed by the designated purchaser and then signed immediately upon receipt by the licensee, and countersigned by the issuing agent or his sub-agent at the time of issuance. All such licenses shall be supplied by the Department, subject to such rules and regulations as the Department may prescribe. Any license not properly prepared, obtained and signed as required by this Act shall be void. (e) A person whose license or permit to engage in any activity regulated by this Code has been suspended or revoked may not, during the period of the suspension or revocation or until obtaining such a license or permit, (i) be in the company of any person engaging in the activity covered by the suspension or revocation or (ii) serve as a guide, outfitter, or facilitator for a person who is engaged or prepared to engage in the activity covered by the suspension or revocation. (f) No person may be issued or obtain a license or permit or engage in any activity regulated by this Code during the time that the person's privilege to engage in the same or similar activities is suspended or revoked by another state, by a federal agency, or by a province of Canada. (g) Any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. The Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Any person failing to comply with this subsection by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. (h) The Department shall suspend the privileges of any person that pleads guilty to, is found guilty of, or receives court supervision for a violation of section 2.38 or section 2.33(cc). Such suspension shall be for a period of one year. (Source: P.A. 103-456, eff. 1-1-24; 104-325, eff. 1-1-26.) |
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