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| Public Act 098-0181
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| HB1651 Enrolled | LRB098 05802 MRW 35841 b |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing Section |
2.33 as follows:
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(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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Sec. 2.33. Prohibitions.
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(a) It is unlawful to carry or possess any gun in any
State |
refuge unless otherwise permitted by administrative rule.
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(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.
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(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.
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(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 |
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mammals from their dens or hiding places.
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(e) (Blank).
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(f) It is unlawful to use spears, gigs, hooks or any like |
device to
take any species protected by this Act.
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(g) It is unlawful to use poisons, chemicals or explosives |
for the
purpose of taking any species protected by this Act.
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(h) It is unlawful to hunt adjacent to or near any peat, |
grass,
brush or other inflammable substance when it is burning.
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(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 or
conveyance, except as permitted by the |
Code of Federal Regulations for the
taking of waterfowl. It is |
also unlawful to use the lights of any vehicle
or conveyance or |
any light from or any light connected to the
vehicle or |
conveyance in any area where wildlife may be found except in
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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. Striped skunk, opossum, red |
fox, gray
fox, raccoon 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.
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(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.
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(k) It is unlawful to use or possess in the field any |
shotgun shell loaded
with a shot size larger than lead BB or |
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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.
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(l) It is unlawful to take any species of wild game, except
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white-tailed deer and fur-bearing mammals, with a shotgun |
loaded with slugs unless otherwise
provided for by |
administrative rule.
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(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.
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(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,
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unless such gun is unloaded and enclosed in a case, except that |
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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.
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(o) It is unlawful to use any crossbow for the purpose of |
taking any
wild birds or mammals, except as provided for in |
Section 2.5.
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(p) It is unlawful to take game birds, migratory game birds |
or
migratory waterfowl with a rifle, pistol, revolver or |
airgun.
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(q) It is unlawful to fire a rifle, pistol, revolver or |
airgun on,
over or into any waters of this State, including |
frozen waters.
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(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.
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(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.
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(t) It is unlawful for any person to trap or hunt, or |
intentionally or wantonly allow a dog to
hunt, within or upon |
the land of another, or upon waters flowing over or
standing on |
the land of another, without first obtaining permission from
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the owner or tenant. It shall be prima facie evidence that a |
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person does
not have permission of the owner or tenant if the |
person is unable to
demonstrate to the law enforcement officer |
in the field that permission had
been obtained. This provision |
may only be rebutted by testimony of the
owner or tenant that |
permission had been given. Before enforcing this
Section the |
law enforcement officer must have received notice from the
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owner or tenant 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.
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(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 intentionally or wantonly |
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
on licensed game breeding |
and hunting preserve areas, as defined in Section
3.27, on |
property operated under a Migratory Waterfowl Hunting Area |
Permit, on
federally owned and managed lands and on Department |
owned, managed, leased or
controlled lands, a 100 yard |
restriction shall apply.
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(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 |
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owner to do so.
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(w) It is unlawful for any owner of a dog to knowingly or |
wantonly 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.
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(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.
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(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.
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(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 |
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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
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shotgun shells as regulated in subsection (k) of this Section.
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(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.
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(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.
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(cc) It is unlawful for any person to have in his or her
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possession any freshly killed species protected by this Act |
during the season
closed for taking.
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(dd) It is unlawful to take any species protected by this |
Act and retain
it alive except as provided by administrative |
rule.
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(ee) It is unlawful to possess any rifle while in the field |
during gun
deer season except as provided in Section 2.26 and |
administrative rules.
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(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, with
such |
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articles of clothing displaying a minimum of 400 square inches |
of
blaze orange material.
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(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. |
For purposes of this Act, upland game is
defined as Bobwhite |
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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Cottontail and Swamp Rabbit.
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(hh) It shall be unlawful to kill or cripple any species |
protected by
this Act for which there is a daily bag limit |
without making a reasonable
effort to retrieve such species and |
include such in the daily bag limit.
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(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.
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(jj) (Blank).
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(kk) Nothing contained in this Section shall prohibit the |
Director
from issuing permits to paraplegics or to other |
disabled persons 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.
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(ll) Nothing contained in this Act shall prohibit the |
taking of aquatic
life protected by the Fish and Aquatic Life |
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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
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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.
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(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.
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(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11; |
97-907, eff. 8-7-12.)
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