Bill Text: IL HB0278 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2021-02-23 - Assigned to Judiciary - Criminal Committee [HB0278 Detail]

Download: Illinois-2021-HB0278-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0278

Introduced , by Rep. Lance Yednock

SYNOPSIS AS INTRODUCED:
520 ILCS 5/2.11 from Ch. 61, par. 2.11
520 ILCS 5/2.26 from Ch. 61, par. 2.26
520 ILCS 5/2.33 from Ch. 61, par. 2.33
520 ILCS 5/2.34 from Ch. 61, par. 2.34

Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.
LRB102 05160 CMG 15181 b

A BILL FOR

HB0278LRB102 05160 CMG 15181 b
1 AN ACT concerning wildlife.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Wildlife Code is amended by changing
5Sections 2.11, 2.26, 2.33, and 2.34 as follows:
6 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
7 Sec. 2.11. Before any person may lawfully hunt wild
8turkey, he shall first obtain a "Wild Turkey Hunting Permit"
9in accordance with the prescribed regulations set forth in an
10administrative rule of the Department. The fee for a Resident
11Wild Turkey Hunting Permit shall not exceed $15.
12 Upon submitting suitable evidence of legal residence in
13any other state, non-residents shall be charged a fee not to
14exceed $125 for wild turkey hunting permits.
15 The Department may by administrative rule allocate and
16issue non-resident Wild Turkey Permits and establish fees for
17such permits.
18 It shall be unlawful to take wild turkey except by use of a
19bow and arrow or a shotgun of not larger than 10 nor smaller
20than 20 gauge with shot size not larger than No. 4, and no
21person while attempting to so take wild turkey may have in his
22possession any other gun unless in accordance with the Firearm
23Concealed Carry Act.

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1 It shall be unlawful to take, or attempt to take wild
2turkey except during the time from 1/2 hour before sunrise to
31/2 hour after sunset or during such lesser period of time as
4may be specified by administrative rule, during those days for
5which an open season is established.
6 It shall be unlawful for any person to take, or attempt to
7take, wild turkey by use of dogs, horses, automobiles,
8aircraft or other vehicles, or conveyances, or by the use or
9aid of bait or baiting of any kind. For the purposes of this
10Section, "bait" means any material, whether liquid or solid,
11including food, salt, minerals, and other products, except
12pure water, that can be ingested, placed, or scattered in such
13a manner as to attract or lure wild turkeys. "Baiting" means
14the placement or scattering of bait to attract wild turkeys.
15An area is considered as baited during the presence of and for
1610 consecutive days following the removal of the bait.
17 It is unlawful for any person to take in Illinois or have
18in his possession more than one wild turkey per valid permit.
19 For the purposes of calculating acreage under this
20Section, the Department shall, after determining the total
21acreage of the applicable tract or tracts of land, round
22remaining fractional portions of an acre greater than or equal
23to half of an acre up to the next whole acre.
24 For the purposes of taking wild turkey, nothing in this
25Section shall be construed to prevent the manipulation,
26including mowing or cutting, of standing crops as a normal

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1agricultural or soil stabilization practice, food plots, or
2normal agricultural practices, including planting, harvesting,
3and maintenance such as cultivating. Such manipulation for the
4purpose of taking wild turkey may be further modified by
5administrative rule.
6(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)
7 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
8 Sec. 2.26. Deer hunting permits. Any person attempting to
9take deer shall first obtain a "Deer Hunting Permit" issued by
10the Department in accordance with its administrative rules.
11Those rules must provide for the issuance of the following
12types of resident deer archery permits: (i) a combination
13permit, consisting of one either-sex permit and one
14antlerless-only permit, (ii) a single antlerless-only permit,
15and (iii) a single either-sex permit. The fee for a Deer
16Hunting Permit to take deer with either bow and arrow or gun
17shall not exceed $25.00 for residents of the State. The
18Department may by administrative rule provide for non-resident
19deer hunting permits for which the fee will not exceed $300 in
202005, $350 in 2006, and $400 in 2007 and thereafter except as
21provided below for non-resident landowners and non-resident
22archery hunters. The Department may by administrative rule
23provide for a non-resident archery deer permit consisting of
24not more than 2 harvest tags at a total cost not to exceed $325
25in 2005, $375 in 2006, and $425 in 2007 and thereafter. The

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1fees for a youth resident and non-resident archery deer permit
2shall be the same.
3 The Department shall create a pilot program during the
4special 3-day, youth-only deer hunting season to allow for
5youth deer hunting permits that are valid statewide, excluding
6those counties or portions of counties closed to firearm deer
7hunting. The Department shall adopt rules to implement the
8pilot program. Nothing in this paragraph shall be construed to
9prohibit the Department from issuing Special Hunt Area Permits
10for the youth-only deer hunting season or establishing,
11through administrative rule, additional requirements
12pertaining to the youth-only deer hunting season on
13Department-owned or Department-managed sites, including
14site-specific quotas or drawings. The provisions of this
15paragraph are inoperative on and after January 1, 2023.
16 The standards and specifications for use of guns and bow
17and arrow for deer hunting shall be established by
18administrative rule.
19 No person may have in his or her possession any firearm not
20authorized by administrative rule for a specific hunting
21season when taking deer unless in accordance with the Firearm
22Concealed Carry Act.
23 Persons having a firearm deer hunting permit shall be
24permitted to take deer only during the period from 1/2 hour
25before sunrise to 1/2 hour after sunset, and only during those
26days for which an open season is established for the taking of

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1deer by use of shotgun, handgun, or muzzle loading rifle.
2 Persons having an archery deer hunting permit shall be
3permitted to take deer only during the period from 1/2 hour
4before sunrise to 1/2 hour after sunset, and only during those
5days for which an open season is established for the taking of
6deer by use of bow and arrow.
7 It shall be unlawful for any person to take deer by use of
8dogs, horses, automobiles, aircraft or other vehicles, or by
9the use or aid of bait or baiting of any kind. For the purposes
10of this Section, "bait" means any material, whether liquid or
11solid, including food, salt, minerals, and other products,
12except pure water, that can be ingested, placed, or scattered
13in such a manner as to attract or lure white-tailed deer.
14"Baiting" means the placement or scattering of bait to attract
15deer. An area is considered as baited during the presence of
16and for 10 consecutive days following the removal of bait.
17Nothing in this Section shall prohibit the use of a dog to
18track wounded deer. Any person using a dog for tracking
19wounded deer must maintain physical control of the dog at all
20times by means of a maximum 50 foot lead attached to the dog's
21collar or harness. Tracking wounded deer is permissible at
22night, but at no time outside of legal deer hunting hours or
23seasons shall any person handling or accompanying a dog being
24used for tracking wounded deer be in possession of any firearm
25or archery device. Persons tracking wounded deer with a dog
26during the firearm deer seasons shall wear blaze orange or

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1solid blaze pink color as required. Dog handlers tracking
2wounded deer with a dog are exempt from hunting license and
3deer permit requirements so long as they are accompanied by
4the licensed deer hunter who wounded the deer.
5 It shall be unlawful to possess or transport any wild deer
6which has been injured or killed in any manner upon a public
7highway or public right-of-way of this State unless exempted
8by administrative rule.
9 Persons hunting deer must have gun unloaded and no bow and
10arrow device shall be carried with the arrow in the nocked
11position during hours when deer hunting is unlawful.
12 It shall be unlawful for any person, having taken the
13legal limit of deer by gun, to further participate with gun in
14any deer hunting party.
15 It shall be unlawful for any person, having taken the
16legal limit of deer by bow and arrow, to further participate
17with bow and arrow in any deer hunting party.
18 The Department may prohibit upland game hunting during the
19gun deer season by administrative rule.
20 The Department shall not limit the number of non-resident,
21either-sex archery deer hunting permits to less than 20,000.
22 Any person who violates any of the provisions of this
23Section, including administrative rules, shall be guilty of a
24Class B misdemeanor.
25 For the purposes of calculating acreage under this
26Section, the Department shall, after determining the total

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1acreage of the applicable tract or tracts of land, round
2remaining fractional portions of an acre greater than or equal
3to half of an acre up to the next whole acre.
4 For the purposes of taking white-tailed deer, nothing in
5this Section shall be construed to prevent the manipulation,
6including mowing or cutting, of standing crops as a normal
7agricultural or soil stabilization practice, food plots, or
8normal agricultural practices, including planting, harvesting,
9and maintenance such as cultivating or the use of products
10designed for scent only and not capable of ingestion, solid or
11liquid, placed or scattered, in such a manner as to attract or
12lure deer. Such manipulation for the purpose of taking
13white-tailed deer may be further modified by administrative
14rule.
15(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
16101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
17 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
18 Sec. 2.33. Prohibitions.
19 (a) It is unlawful to carry or possess any gun in any State
20refuge unless otherwise permitted by administrative rule.
21 (b) It is unlawful to use or possess any snare or
22snare-like device, deadfall, net, or pit trap to take any
23species, except that snares not powered by springs or other
24mechanical devices may be used to trap fur-bearing mammals, in
25water sets only, if at least one-half of the snare noose is

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1located underwater at all times.
2 (c) It is unlawful for any person at any time to take a
3wild mammal protected by this Act from its den by means of any
4mechanical device, spade, or digging device or to use smoke or
5other gases to dislodge or remove such mammal except as
6provided in Section 2.37.
7 (d) It is unlawful to use a ferret or any other small
8mammal which is used in the same or similar manner for which
9ferrets are used for the purpose of frightening or driving any
10mammals from their dens or hiding places.
11 (e) (Blank).
12 (f) It is unlawful to use spears, gigs, hooks or any like
13device to take any species protected by this Act.
14 (g) It is unlawful to use poisons, chemicals or explosives
15for the purpose of taking any species protected by this Act.
16 (h) It is unlawful to hunt adjacent to or near any peat,
17grass, brush or other inflammable substance when it is
18burning.
19 (i) It is unlawful to take, pursue or intentionally harass
20or disturb in any manner any wild birds or mammals by use or
21aid of any vehicle or conveyance, except as permitted by the
22Code of Federal Regulations for the taking of waterfowl. It is
23also unlawful to use the lights of any vehicle or conveyance or
24any light from or any light connected to the vehicle or
25conveyance in any area where wildlife may be found except in
26accordance with Section 2.37 of this Act; however, nothing in

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

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

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

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1required notice.
2 (u) It is unlawful for any person to discharge any firearm
3for the purpose of taking any of the species protected by this
4Act, or hunt with gun or dog, or intentionally or wantonly
5allow a dog to hunt, within 300 yards of an inhabited dwelling
6without first obtaining permission from the owner or tenant,
7except that while trapping, hunting with bow and arrow,
8hunting with dog and shotgun using shot shells only, or
9hunting with shotgun using shot shells only, or providing
10outfitting services under a waterfowl outfitter permit, or on
11licensed game breeding and hunting preserve areas, as defined
12in Section 3.27, on federally owned and managed lands and on
13Department owned, managed, leased, or controlled lands, a 100
14yard restriction shall apply.
15 (v) It is unlawful for any person to remove fur-bearing
16mammals from, or to move or disturb in any manner, the traps
17owned by another person without written authorization of the
18owner to do so.
19 (w) It is unlawful for any owner of a dog to knowingly or
20wantonly allow his or her dog to pursue, harass or kill deer,
21except that nothing in this Section shall prohibit the
22tracking of wounded deer with a dog in accordance with the
23provisions of Section 2.26 of this Code.
24 (x) It is unlawful for any person to wantonly or
25carelessly injure or destroy, in any manner whatsoever, any
26real or personal property on the land of another while engaged

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

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1possess alive in this State any species of wildlife taken
2outside of this State, without obtaining permission to do so
3from the Director.
4 (cc) It is unlawful for any person to have in his or her
5possession any freshly killed species protected by this Act
6during the season closed for taking.
7 (dd) It is unlawful to take any species protected by this
8Act and retain it alive except as provided by administrative
9rule.
10 (ee) It is unlawful to possess any rifle while in the field
11during gun deer season except as provided in Section 2.26 and
12administrative rules.
13 (ff) It is unlawful for any person to take any species
14protected by this Act, except migratory waterfowl, during the
15gun deer hunting season in those counties open to gun deer
16hunting, unless he or she wears, when in the field, a cap and
17upper outer garment of a solid blaze orange color or solid
18blaze pink color, with such articles of clothing displaying a
19minimum of 400 square inches of blaze orange or solid blaze
20pink color material.
21 (gg) It is unlawful during the upland game season for any
22person to take upland game with a firearm unless he or she
23wears, while in the field, a cap of solid blaze orange color or
24solid blaze pink color. For purposes of this Act, upland game
25is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
26Pheasant, Eastern Cottontail and Swamp Rabbit.

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

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1persons with disabilities who meet the requirements set forth
2in administrative rule to shoot or hunt from a vehicle as
3provided by that rule, provided that such is otherwise in
4accord with this Act.
5 (ll) Nothing contained in this Act shall prohibit the
6taking of aquatic life protected by the Fish and Aquatic Life
7Code or birds and mammals protected by this Act, except deer
8and fur-bearing mammals, from a boat not camouflaged or
9disguised to alter its identity or to further provide a place
10of concealment and not propelled by sail or mechanical power.
11However, only shotguns not larger than 10 gauge nor smaller
12than .410 bore loaded with not more than 3 shells of a shot
13size no larger than lead BB or steel T (.20 diameter) may be
14used to take species protected by this Act.
15 (mm) Nothing contained in this Act shall prohibit the use
16of a shotgun, not larger than 10 gauge nor smaller than a 20
17gauge, with a rifled barrel.
18 (nn) It shall be unlawful to possess any species of
19wildlife or wildlife parts taken unlawfully in Illinois, any
20other state, or any other country, whether or not the wildlife
21or wildlife parts is indigenous to Illinois. For the purposes
22of this subsection, the statute of limitations for unlawful
23possession of wildlife or wildlife parts shall not cease until
242 years after the possession has permanently ended.
25(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
2699-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.

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11-1-19.)
2 (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
3 Sec. 2.34. Dog Trials.
4 (a) Dogs of any breed may be trained the year round in
5accordance with the provisions of this Act.
6 (b) During the periods of time when it is unlawful to take
7species protected by this Act, the only firearms which shall
8be used in the training of dogs from sunrise to sunset shall be
9pistols with blank cartridges. No other gun or ammunition may
10be in immediate possession during this time. No person or
11persons in, along with, or accompanying the dog training
12party, shall be in possession of any firearm or live
13ammunition, except pistols capable of firing only blank
14cartridges during the hours from sunset to sunrise. All
15organized field trials or training grounds approved by the
16Department shall be exempt from this provision unless in
17accordance with the Firearm Concealed Carry Act.
18 (c) No field trial shall be held without a permit from the
19Department.
20 The following Department areas shall be designated as
21horseback field trial sites; Lee County Conservation Area, Des
22Plaines Conservation Area, Moraine View State Park, Middle
23Fork Fish and Wildlife Area, Hamilton County Conservation
24Area, and Wayne Fitzgerrell State Park. The Department shall
25provide and maintain quality wildlife habitat on these sites.

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1 Field trials shall be scheduled only from September 1
2through April 30 in the Northern Zone and September 1 through
3April 15 in the Southern Zone. The Department maintains the
4authority to schedule and administer field trials. The
5boundary between the Northern Zone and the Southern Zone shall
6be U.S. Route 36. However, (i) if the opening date of the field
7trial season falls on Sunday, the season will begin on
8Saturday of that weekend; and (ii) if the closing date of the
9field trial season falls on Saturday, the season will conclude
10on Sunday of that weekend; and (iii) if during the final days
11of the field trial season a field trial organization begins a
12field trial which is subsequently interrupted due to inclement
13weather, the field trial organization may complete the trial,
14subject to the Department's approval, even though the field
15trial season has ended. The field trial organization must
16complete the trial on the first possible day or days. Field
17trials for the retrieving breeds are exempt from these field
18trials season provisions and shall have no closed season.
19 The fee for field trials shall be established by the
20Department by rule.
21 (d) The Department is authorized to designate dog training
22areas and to grant permits for all field trials including
23those field trials where game birds reared under Section 3.23
24are released and taken in accordance with the rules and
25regulations set forth by the Department. Applications for
26permits for such trials and training areas shall be

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1accompanied by detailed information as to the date and the
2location of the grounds where such trial area or training
3grounds is located. Applicants for field trial or dog training
4permits must have the consent of the landowner prior to
5applying for such permit. Fees and other regulations will be
6set by administrative rule.
7 (e) All permits for designated dog training areas shall
8expire March 31st of each year.
9 (f) Permit holders for designated dog training areas must
10possess a wild game breeder's permit or a game breeding and
11hunting preserve area permit and may utilize live bird recall
12devices on such areas.
13 (g) Nothing shall prevent an individual from using a dog
14in the taking of squirrel during the open season.
15 (h) All hand reared game released and shot at field trials
16shall be properly identified with tags as provided for by this
17Act and such birds shall be banded before they are removed from
18the field trial area.
19(Source: P.A. 86-920; 87-1051.)
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