Bill Text: IL HB1827 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2022-04-07 - Added Co-Sponsor Rep. Denyse Wang Stoneback [HB1827 Detail]
Download: Illinois-2021-HB1827-Introduced.html
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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing | ||||||||||||||||||||||||||||||||
5 | Sections 1.2g, 2.30, 2.30b, and 2.33 as follows:
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6 | (520 ILCS 5/1.2g) (from Ch. 61, par. 1.2g)
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7 | Sec. 1.2g.
"Fur-bearing mammals" means the following | ||||||||||||||||||||||||||||||||
8 | specific species,
mink, muskrat, raccoon, striped skunk, | ||||||||||||||||||||||||||||||||
9 | weasel, bobcat, opossum, beaver,
river otter, badger, red fox, | ||||||||||||||||||||||||||||||||
10 | gray
fox, and coyote.
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11 | (Source: P.A. 81-382.)
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12 | (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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13 | Sec. 2.30. Except as provided in this Section, it shall be | ||||||||||||||||||||||||||||||||
14 | unlawful for any person to trap or to hunt
with gun, dog, dog | ||||||||||||||||||||||||||||||||
15 | and gun, or bow and arrow, gray fox, red fox,
raccoon, weasel, | ||||||||||||||||||||||||||||||||
16 | mink, muskrat, badger, bobcat, and opossum except during
the | ||||||||||||||||||||||||||||||||
17 | open season which will be set annually by the Director between | ||||||||||||||||||||||||||||||||
18 | 12:01
a.m., November 1 to 12:00 midnight, February 15, both | ||||||||||||||||||||||||||||||||
19 | inclusive.
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20 | It shall be unlawful for any person to hunt or trap bobcat | ||||||||||||||||||||||||||||||||
21 | in this State on and after the effective date of this | ||||||||||||||||||||||||||||||||
22 | amendatory Act of the 100th General Assembly in the counties |
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1 | of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage, | ||||||
2 | Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox, | ||||||
3 | Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry, | ||||||
4 | McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson, | ||||||
5 | Vermilion, Will, Winnebago, and Woodford and north of U.S. | ||||||
6 | Route 36 in Edgar and Douglas and north of U.S. Route 36 to the | ||||||
7 | junction with Illinois Route 121 and north or east of Illinois | ||||||
8 | Route 121 in Macon. For the season beginning in 2017, a total | ||||||
9 | number of 350 bobcats may be hunted or trapped lawfully, or the | ||||||
10 | conclusion of the season occurs, whichever is earlier. For the | ||||||
11 | season beginning in 2018, a total number of 375 bobcats may be | ||||||
12 | hunted or trapped lawfully, or the conclusion of the season | ||||||
13 | occurs, whichever is earlier. The changes added to this | ||||||
14 | Section by this amendatory Act of the 100th General Assembly, | ||||||
15 | except for this sentence, are inoperative on and after June | ||||||
16 | 30, 2019 . | ||||||
17 | It is unlawful to pursue any fur-bearing mammal with a dog | ||||||
18 | or dogs
between the hours of sunset and sunrise during the 10 | ||||||
19 | day period
preceding the opening date of the raccoon hunting | ||||||
20 | season and the 10 day
period following the closing date of the | ||||||
21 | raccoon hunting season except
that the Department may issue | ||||||
22 | field trial permits in accordance with Section
2.34 of this | ||||||
23 | Act. A non-resident from a state with more restrictive
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24 | fur-bearer pursuit regulations for any particular species than | ||||||
25 | provided for
that species in this Act may not pursue that | ||||||
26 | species in Illinois except
during the period of time that |
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1 | Illinois residents are allowed to pursue
that species in the | ||||||
2 | non-resident's state of residence. Hound running areas | ||||||
3 | approved by the Department shall be exempt from the
provisions | ||||||
4 | of this Section.
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5 | It shall be unlawful to take beaver, river otter, weasel, | ||||||
6 | mink, or muskrat except during
the open season set annually by | ||||||
7 | the Director, and then, only with traps, except that a | ||||||
8 | firearm, pistol, or airgun of a caliber not larger than a .22 | ||||||
9 | long rifle may be used to remove the animal from the trap.
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10 | It shall be unlawful for any person to trap beaver or river | ||||||
11 | otter with traps except during
the open season which will be | ||||||
12 | set annually by the Director between 12:01
a.m., November 1st | ||||||
13 | and 12:00 midnight, March 31, both inclusive.
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14 | Coyote may be taken by trapping methods only during the | ||||||
15 | period from
September 1 to March 1, both inclusive, and by | ||||||
16 | hunting methods at any time.
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17 | Striped skunk may be taken by trapping methods only during | ||||||
18 | the period
from September 1 to March 1, both inclusive, and by | ||||||
19 | hunting methods at
any time.
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20 | Muskrat may be taken by trapping methods during an open | ||||||
21 | season set annually by the Director. | ||||||
22 | For the purpose of taking fur-bearing mammals, the State | ||||||
23 | may be
divided into management zones by administrative rule.
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24 | It shall be unlawful to take or possess more than the | ||||||
25 | season limit or possession limit of fur-bearing mammals that | ||||||
26 | shall be set annually by the Director. The season limit for |
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1 | bobcat shall not exceed one bobcat per permit. Possession | ||||||
2 | limits shall not apply to fur buyers, tanners, manufacturers, | ||||||
3 | and taxidermists, as defined by this Act, who possess | ||||||
4 | fur-bearing mammals in accordance with laws governing such | ||||||
5 | activities. | ||||||
6 | Nothing in this Section shall prohibit the taking or | ||||||
7 | possessing of fur-bearing mammals found dead or | ||||||
8 | unintentionally killed by a vehicle along a roadway during the | ||||||
9 | open season provided the person who possesses such fur-bearing | ||||||
10 | mammals has all appropriate licenses, stamps, or permits; the | ||||||
11 | season for which the species possessed is open; and that such | ||||||
12 | possession and disposal of such fur-bearing mammals is | ||||||
13 | otherwise subject to the provisions of this Section. | ||||||
14 | The provisions of this Section are subject to modification | ||||||
15 | by administrative rule. | ||||||
16 | (Source: P.A. 99-33, eff. 1-1-16; 100-524, eff. 9-22-17; | ||||||
17 | 100-779, eff. 8-10-18.)
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18 | (520 ILCS 5/2.30b) | ||||||
19 | Sec. 2.30b. River otter and bobcat pelts. The pelts of | ||||||
20 | river otters and bobcats shall be tagged in accordance with | ||||||
21 | federal regulation 50 CFR 23.69(e). The Department may require | ||||||
22 | harvest registration and set forth procedures, fees for | ||||||
23 | registration, and the process of tagging pelts in | ||||||
24 | administrative rules. Fees for registration and tagging shall | ||||||
25 | not exceed $5 per pelt.
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1 | (Source: P.A. 99-33, eff. 1-1-16 .)
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2 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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3 | Sec. 2.33. Prohibitions.
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4 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
5 | refuge unless otherwise permitted by administrative rule.
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6 | (b) It is unlawful to use or possess any snare or | ||||||
7 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
8 | species, except that snares not
powered by springs or other | ||||||
9 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
10 | water sets only, if at least one-half of the snare
noose is | ||||||
11 | located underwater at all times.
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12 | (c) It is unlawful for any person at any time to take a | ||||||
13 | wild mammal
protected by this Act from its den by means of any | ||||||
14 | mechanical device,
spade, or digging device or to use smoke or | ||||||
15 | other gases to dislodge or
remove such mammal except as | ||||||
16 | provided in Section 2.37.
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17 | (d) It is unlawful to use a ferret or any other small | ||||||
18 | mammal which is
used in the same or similar manner for which | ||||||
19 | ferrets are used for the
purpose of frightening or driving any | ||||||
20 | mammals from their dens or hiding places.
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21 | (e) (Blank).
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22 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
23 | device to
take any species protected by this Act.
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24 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
25 | for the
purpose of taking any species protected by this Act.
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1 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
2 | grass,
brush or other inflammable substance when it is | ||||||
3 | burning.
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4 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
5 | or disturb
in any manner any wild birds or mammals by use or | ||||||
6 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
7 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
8 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
9 | any light from or any light connected to the
vehicle or | ||||||
10 | conveyance in any area where wildlife may be found except in
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11 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
12 | this
Section shall prohibit the normal use of headlamps for | ||||||
13 | the purpose of driving
upon a roadway. Striped skunk, opossum, | ||||||
14 | red fox, gray
fox, raccoon, bobcat, and coyote may be taken | ||||||
15 | during the open season by use of a small
light which is worn on | ||||||
16 | the body or hand-held by a person on foot and not in any
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17 | vehicle.
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18 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
19 | while
taking or attempting to take any of the species | ||||||
20 | protected by this Act.
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21 | (k) It is unlawful to use or possess in the field any | ||||||
22 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
23 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
24 | species of wild game mammals (excluding white-tailed
deer), | ||||||
25 | wild game birds, migratory waterfowl or migratory game birds | ||||||
26 | protected
by this Act, except white-tailed deer as provided |
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1 | for in Section 2.26 and other
species as provided for by | ||||||
2 | subsection (l) or administrative rule.
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3 | (l) It is unlawful to take any species of wild game, except
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4 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
5 | loaded with slugs unless otherwise
provided for by | ||||||
6 | administrative rule.
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7 | (m) It is unlawful to use any shotgun capable of holding | ||||||
8 | more than 3
shells in the magazine or chamber combined, except | ||||||
9 | on game breeding and
hunting preserve areas licensed under | ||||||
10 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
11 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
12 | capable of holding more than 3 shells, it shall, while being | ||||||
13 | used on an
area other than a game breeding and shooting | ||||||
14 | preserve area licensed
pursuant to Section 3.27, be fitted | ||||||
15 | with a one piece plug that is
irremovable without dismantling | ||||||
16 | the shotgun or otherwise altered to
render it incapable of | ||||||
17 | holding more than 3 shells in the magazine and
chamber, | ||||||
18 | combined.
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19 | (n) It is unlawful for any person, except persons who | ||||||
20 | possess a permit to
hunt from a vehicle as provided in this | ||||||
21 | Section and persons otherwise permitted
by law, to have or | ||||||
22 | carry any gun in or on any vehicle, conveyance or aircraft,
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23 | unless such gun is unloaded and enclosed in a case, except that | ||||||
24 | at field trials
authorized by Section 2.34 of this Act, | ||||||
25 | unloaded guns or guns loaded with blank
cartridges only, may | ||||||
26 | be carried on horseback while not contained in a case, or
to |
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1 | have or carry any bow or arrow device in or on any vehicle | ||||||
2 | unless such bow
or arrow device is unstrung or enclosed in a | ||||||
3 | case, or otherwise made
inoperable.
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4 | (o) (Blank).
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5 | (p) It is unlawful to take game birds, migratory game | ||||||
6 | birds or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
7 | airgun.
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8 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
9 | airgun on,
over or into any waters of this State, including | ||||||
10 | frozen waters.
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11 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
12 | device
along, upon, across, or from any public right-of-way or | ||||||
13 | highway in this State.
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14 | (s) It is unlawful to use a silencer or other device to | ||||||
15 | muffle or
mute the sound of the explosion or report resulting | ||||||
16 | from the firing of
any gun.
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17 | (t) It is unlawful for any person to take or attempt to | ||||||
18 | take any species of wildlife or parts thereof, intentionally | ||||||
19 | or wantonly allow a dog to
hunt, within or upon the land of | ||||||
20 | another, or upon waters flowing over or
standing on the land of | ||||||
21 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
22 | any wildlife physically on or flying over the property of | ||||||
23 | another without first obtaining permission from
the owner or | ||||||
24 | the owner's designee. For the purposes of this Section, the | ||||||
25 | owner's designee means anyone who the owner designates in a | ||||||
26 | written authorization and the authorization must contain (i) |
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1 | the legal or common description of property for such authority | ||||||
2 | is given, (ii) the extent that the owner's designee is | ||||||
3 | authorized to make decisions regarding who is allowed to take | ||||||
4 | or attempt to take any species of wildlife or parts thereof, | ||||||
5 | and (iii) the owner's notarized signature. Before enforcing | ||||||
6 | this
Section the law enforcement officer must have received | ||||||
7 | notice from the
owner or the owner's designee of a violation of | ||||||
8 | this Section. Statements made to the
law enforcement officer | ||||||
9 | regarding this notice shall not be rendered
inadmissible by | ||||||
10 | the hearsay rule when offered for the purpose of showing the
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11 | required notice.
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12 | (u) It is unlawful for any person to discharge any firearm | ||||||
13 | for the purpose
of taking any of the species protected by this | ||||||
14 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
15 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
16 | without
first obtaining permission from the owner or tenant, | ||||||
17 | except that while
trapping, hunting with bow and arrow, | ||||||
18 | hunting with dog and shotgun using shot
shells only, or | ||||||
19 | hunting with shotgun using shot shells only, or providing | ||||||
20 | outfitting services under a waterfowl outfitter permit, or
on | ||||||
21 | licensed game breeding and hunting preserve areas, as defined | ||||||
22 | in Section
3.27, on
federally owned and managed lands and on | ||||||
23 | Department owned, managed, leased, or
controlled lands, a 100 | ||||||
24 | yard restriction shall apply.
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25 | (v) It is unlawful for any person to remove fur-bearing | ||||||
26 | mammals from, or
to move or disturb in any manner, the traps |
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1 | owned by another person without
written authorization of the | ||||||
2 | owner to do so.
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3 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
4 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
5 | except that nothing in this Section shall prohibit the | ||||||
6 | tracking of wounded deer with a dog in accordance with the | ||||||
7 | provisions of Section 2.26 of this Code.
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8 | (x) It is unlawful for any person to wantonly or | ||||||
9 | carelessly injure
or destroy, in any manner whatsoever, any | ||||||
10 | real or personal property on
the land of another while engaged | ||||||
11 | in hunting or trapping thereon.
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12 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
13 | between one
half hour after sunset and one half hour before | ||||||
14 | sunrise, except that
hunting hours between one half hour after | ||||||
15 | sunset and one half hour
before sunrise may be established by | ||||||
16 | administrative rule for fur-bearing
mammals.
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17 | (z) It is unlawful to take any game bird (excluding wild | ||||||
18 | turkeys and
crippled pheasants not capable of normal flight | ||||||
19 | and otherwise irretrievable)
protected by this Act when not | ||||||
20 | flying. Nothing in this Section shall prohibit
a person from | ||||||
21 | carrying an uncased, unloaded shotgun in a boat, while in | ||||||
22 | pursuit
of a crippled migratory waterfowl that is incapable of | ||||||
23 | normal flight, for the
purpose of attempting to reduce the | ||||||
24 | migratory waterfowl to possession, provided
that the attempt | ||||||
25 | is made immediately upon downing the migratory waterfowl and
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26 | is done within 400 yards of the blind from which the migratory |
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1 | waterfowl was
downed. This exception shall apply only to | ||||||
2 | migratory game birds that are not
capable of normal flight. | ||||||
3 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
4 | shotgun as regulated by subsection (j) of this Section using
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5 | shotgun shells as regulated in subsection (k) of this Section.
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6 | (aa) It is unlawful to use or possess any device that may | ||||||
7 | be used for
tree climbing or cutting, while hunting | ||||||
8 | fur-bearing mammals, excluding coyotes.
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9 | (bb) It is unlawful for any person, except licensed game | ||||||
10 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
11 | possess alive in this
State any species of wildlife taken | ||||||
12 | outside of this State, without
obtaining permission to do so | ||||||
13 | from the Director.
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14 | (cc) It is unlawful for any person to have in his or her
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15 | possession any freshly killed species protected by this Act | ||||||
16 | during the season
closed for taking.
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17 | (dd) It is unlawful to take any species protected by this | ||||||
18 | Act and retain
it alive except as provided by administrative | ||||||
19 | rule.
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20 | (ee) It is unlawful to possess any rifle while in the field | ||||||
21 | during gun
deer season except as provided in Section 2.26 and | ||||||
22 | administrative rules.
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23 | (ff) It is unlawful for any person to take any species | ||||||
24 | protected by
this Act, except migratory waterfowl, during the | ||||||
25 | gun deer hunting season in
those counties open to gun deer | ||||||
26 | hunting, unless he or she wears, when in
the field, a cap and |
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1 | upper outer garment of a solid blaze orange color or solid | ||||||
2 | blaze pink color, with
such articles of clothing displaying a | ||||||
3 | minimum of 400 square inches of
blaze orange or solid blaze | ||||||
4 | pink color material.
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5 | (gg) It is unlawful during the upland game season for any | ||||||
6 | person to take
upland game with a firearm unless he or she | ||||||
7 | wears, while in the field, a
cap of solid blaze orange color or | ||||||
8 | solid blaze pink color. For purposes of this Act, upland game | ||||||
9 | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||||||
10 | Pheasant, Eastern
Cottontail and Swamp Rabbit.
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11 | (hh) It shall be unlawful to kill or cripple any species | ||||||
12 | protected by
this Act for which there is a bag limit without | ||||||
13 | making a reasonable
effort to retrieve such species and | ||||||
14 | include such in the bag limit. It shall be unlawful for any | ||||||
15 | person having control over harvested game mammals, game birds, | ||||||
16 | or migratory game birds for which there is a bag limit to | ||||||
17 | wantonly waste or destroy the usable meat of the game, except | ||||||
18 | this shall not apply to wildlife taken under Sections 2.37 or | ||||||
19 | 3.22 of this Code. For purposes of this subsection, "usable | ||||||
20 | meat" means the breast meat of a game bird or migratory game | ||||||
21 | bird and the hind ham and front shoulders of a game mammal. It | ||||||
22 | shall be unlawful for any person to place, leave, dump, or | ||||||
23 | abandon a wildlife carcass or parts of it along or upon a | ||||||
24 | public right-of-way or highway or on public or private | ||||||
25 | property, including a waterway or stream, without the | ||||||
26 | permission of the owner or tenant. It shall not be unlawful to |
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1 | discard game meat that is determined to be unfit for human | ||||||
2 | consumption.
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3 | (ii) This Section shall apply only to those species | ||||||
4 | protected by this
Act taken within the State. Any species or | ||||||
5 | any parts thereof, legally taken
in and transported from other | ||||||
6 | states or countries, may be possessed
within the State, except | ||||||
7 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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8 | (jj) (Blank).
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9 | (kk) Nothing contained in this Section shall prohibit the | ||||||
10 | Director
from issuing permits to paraplegics or to other | ||||||
11 | persons with disabilities who meet the
requirements set forth | ||||||
12 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
13 | provided by that rule, provided that such is otherwise in | ||||||
14 | accord with this
Act.
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15 | (ll) Nothing contained in this Act shall prohibit the | ||||||
16 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
17 | Code or birds and mammals
protected by this Act, except deer | ||||||
18 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
19 | disguised to alter its identity or to further provide a place
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20 | of concealment and not propelled by sail or mechanical power. | ||||||
21 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
22 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
23 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
24 | used to take species protected by this Act.
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25 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
26 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
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1 | gauge, with a rifled barrel.
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2 | (nn) It shall be unlawful to possess any species of | ||||||
3 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
4 | other state, or any other country, whether or not the wildlife | ||||||
5 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
6 | of this subsection, the statute of limitations for unlawful | ||||||
7 | possession of wildlife or wildlife parts shall not cease until | ||||||
8 | 2 years after the possession has permanently ended. | ||||||
9 | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
10 | 99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. | ||||||
11 | 1-1-19 .)
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12 | (520 ILCS 5/2.30c rep.) | ||||||
13 | Section 10. The Wildlife Code is amended by repealing | ||||||
14 | Section 2.30c.
|