|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2823 Introduced , by Rep. Jerry Costello, II 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.
| |
| | |
| | A BILL FOR |
|
|
| | HB2823 | | LRB100 08894 SLF 19037 b |
|
|
| 1 | | AN ACT concerning wildlife.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Wildlife Code is amended by changing |
| 5 | | Sections 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 turkey, |
| 8 | | he shall first
obtain a "Wild Turkey Hunting Permit" in |
| 9 | | accordance with the prescribed
regulations set forth in an |
| 10 | | administrative rule of the Department. The
fee for a Resident |
| 11 | | Wild Turkey Hunting Permit shall not exceed $15.
|
| 12 | | Upon submitting suitable evidence of legal residence in any |
| 13 | | other state,
non-residents shall be charged a fee not to exceed |
| 14 | | $125 for wild
turkey hunting
permits.
|
| 15 | | The Department may by administrative rule allocate and |
| 16 | | issue non-resident
Wild Turkey Permits and establish fees for |
| 17 | | such permits.
|
| 18 | | It shall be unlawful to take wild turkey except by use of a |
| 19 | | bow and arrow
or a shotgun of not larger than 10 nor smaller |
| 20 | | than 20 gauge with shot
size not larger than No. 4, and no |
| 21 | | person while attempting to so take
wild turkey may have in his |
| 22 | | possession any other gun unless in accordance with the Firearm |
| 23 | | Concealed Carry Act.
|
|
| | HB2823 | - 2 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | It shall be unlawful to take, or attempt to take wild |
| 2 | | turkey except
during the time from 1/2 hour before sunrise to |
| 3 | | 1/2 hour after sunset or during
such lesser period of time as |
| 4 | | may be specified by administrative rule,
during those days for |
| 5 | | which an open season is established.
|
| 6 | | It shall be unlawful for any person to take, or attempt to |
| 7 | | take, wild
turkey by use of dogs, horses, automobiles, aircraft |
| 8 | | or other vehicles,
or conveyances, or by the use or aid of bait |
| 9 | | or baiting of any kind. For the purposes of this Section, |
| 10 | | "bait" means any material, whether liquid or solid, including |
| 11 | | food, salt, minerals, and other products, except pure water, |
| 12 | | that can be ingested, placed, or scattered in such a manner as |
| 13 | | to attract or lure wild turkeys. "Baiting" means the placement |
| 14 | | or scattering of bait to attract wild turkeys. An area is |
| 15 | | considered as baited during the presence of and for 10 |
| 16 | | consecutive days following the removal of the bait.
|
| 17 | | It is unlawful for any person to take in Illinois or have |
| 18 | | in his possession
more than one wild turkey per valid permit.
|
| 19 | | For the purposes of calculating acreage under this Section, |
| 20 | | the Department shall, after determining the total acreage of |
| 21 | | the applicable tract or tracts of land, round remaining |
| 22 | | fractional portions of an acre greater than or equal to half of |
| 23 | | an acre up to the next whole acre. |
| 24 | | For the purposes of taking wild turkey, nothing in this |
| 25 | | Section shall be construed to prevent the manipulation, |
| 26 | | including mowing or cutting, of standing crops as a normal |
|
| | HB2823 | - 3 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | agricultural or soil stabilization practice, food plots, or |
| 2 | | normal agricultural practices, including planting, harvesting, |
| 3 | | and maintenance such as cultivating. Such manipulation for the |
| 4 | | purpose of taking wild turkey may be further modified by |
| 5 | | administrative 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 |
| 9 | | take deer shall first obtain a "Deer
Hunting Permit" issued by |
| 10 | | the Department in accordance with its administrative rules.
|
| 11 | | Those rules must provide for the issuance of the following |
| 12 | | types of resident deer archery permits: (i) a combination |
| 13 | | permit, consisting of one either-sex permit and one |
| 14 | | antlerless-only permit, (ii) a single antlerless-only permit, |
| 15 | | and (iii) a single either-sex permit. The fee for a Deer |
| 16 | | Hunting Permit to take deer with either bow and arrow or gun
|
| 17 | | shall not exceed $25.00 for residents of the State. The |
| 18 | | Department may by
administrative rule provide for non-resident |
| 19 | | deer hunting permits for which the
fee will not exceed $300 in |
| 20 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as |
| 21 | | provided below for non-resident landowners
and non-resident |
| 22 | | archery hunters. The Department may by
administrative rule |
| 23 | | provide for a non-resident archery deer permit consisting
of |
| 24 | | not more than 2 harvest tags at a total cost not to exceed $325 |
| 25 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
|
|
| | HB2823 | - 4 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | The standards and specifications for use of guns and bow |
| 2 | | and arrow for
deer hunting shall be established by |
| 3 | | administrative rule.
|
| 4 | | No person may have in his or her possession any firearm not |
| 5 | | authorized by
administrative rule for a specific hunting season |
| 6 | | when taking deer unless in accordance with the Firearm |
| 7 | | Concealed Carry Act.
|
| 8 | | Persons having a firearm deer hunting permit shall be |
| 9 | | permitted to
take deer only during the period from 1/2 hour |
| 10 | | before sunrise to
1/2 hour after sunset, and only during those |
| 11 | | days for which an open season is
established for the taking of |
| 12 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
|
| 13 | | Persons having an archery deer hunting permit shall be |
| 14 | | permitted to
take deer only during the period from 1/2 hour |
| 15 | | before sunrise to 1/2 hour
after sunset, and only during those |
| 16 | | days for which an open season is
established for the taking of |
| 17 | | deer by use of bow and arrow.
|
| 18 | | It shall be unlawful for any person to take deer by use of |
| 19 | | dogs,
horses, automobiles, aircraft or other vehicles, or by |
| 20 | | the use
or aid of bait or baiting of any kind. For the purposes |
| 21 | | of this Section, "bait" means any material, whether liquid or |
| 22 | | solid, including food, salt, minerals, and other products, |
| 23 | | except pure water, that can be ingested, placed, or scattered |
| 24 | | in such a manner as to attract or lure white-tailed deer. |
| 25 | | "Baiting" means the placement or scattering of bait to attract |
| 26 | | deer. An area is considered as baited during the presence
of |
|
| | HB2823 | - 5 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | and for 10 consecutive days following the removal of bait. |
| 2 | | Nothing in this Section shall prohibit the use of a dog to |
| 3 | | track wounded deer. Any person using a dog for tracking wounded |
| 4 | | deer must maintain physical control of the dog at all times by |
| 5 | | means of a maximum 50 foot lead attached to the dog's collar or |
| 6 | | harness. Tracking wounded deer is permissible at night, but at |
| 7 | | no time outside of legal deer hunting hours or seasons shall |
| 8 | | any person handling or accompanying a dog being used for |
| 9 | | tracking wounded deer be in possession of any firearm or |
| 10 | | archery device. Persons tracking wounded deer with a dog during |
| 11 | | the firearm deer seasons shall wear blaze orange as required. |
| 12 | | Dog handlers tracking wounded deer with a dog are exempt from |
| 13 | | hunting license and deer permit requirements so long as they |
| 14 | | are accompanied by the licensed deer hunter who wounded the |
| 15 | | deer.
|
| 16 | | It shall be unlawful to possess or transport any wild deer |
| 17 | | which has
been injured or killed in any manner upon a public |
| 18 | | highway or public
right-of-way of this State unless exempted by |
| 19 | | administrative rule.
|
| 20 | | Persons hunting deer must have gun unloaded and no bow and |
| 21 | | arrow
device shall be carried with the arrow in the nocked |
| 22 | | position during
hours when deer hunting is unlawful.
|
| 23 | | It shall be unlawful for any person, having taken the legal |
| 24 | | limit of
deer by gun, to further participate with gun in any |
| 25 | | deer hunting party.
|
| 26 | | It shall be unlawful for any person, having taken the legal |
|
| | HB2823 | - 6 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | limit
of deer by bow and arrow, to further participate with bow |
| 2 | | and arrow in any
deer hunting party.
|
| 3 | | The Department may prohibit upland game hunting during the |
| 4 | | gun deer
season by administrative rule.
|
| 5 | | The Department shall not limit the number of non-resident, |
| 6 | | either-sex archery deer hunting permits to less than 20,000.
|
| 7 | | Any person who violates any of the provisions of this |
| 8 | | Section,
including administrative rules, shall be guilty of a |
| 9 | | Class B misdemeanor.
|
| 10 | | For the purposes of calculating acreage under this Section, |
| 11 | | the Department shall, after determining the total acreage of |
| 12 | | the applicable tract or tracts of land, round remaining |
| 13 | | fractional portions of an acre greater than or equal to half of |
| 14 | | an acre up to the next whole acre. |
| 15 | | For the purposes of taking white-tailed deer, nothing in |
| 16 | | this Section shall be construed to prevent the manipulation, |
| 17 | | including mowing or cutting, of standing crops as a normal |
| 18 | | agricultural or soil stabilization practice, food plots, or |
| 19 | | normal agricultural practices, including planting, harvesting, |
| 20 | | and maintenance such as cultivating or the use of products |
| 21 | | designed for scent only and not capable of ingestion, solid or |
| 22 | | liquid, placed or scattered, in such a manner as to attract or |
| 23 | | lure deer. Such manipulation for the purpose of taking |
| 24 | | white-tailed deer may be further modified by administrative |
| 25 | | rule. |
| 26 | | (Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; |
|
| | HB2823 | - 7 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | 99-869, eff. 1-1-17.)
|
| 2 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
|
| 3 | | Sec. 2.33. Prohibitions.
|
| 4 | | (a) It is unlawful to carry or possess any gun in any
State |
| 5 | | refuge unless otherwise permitted by administrative rule.
|
| 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.
|
| 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.
|
| 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.
|
| 21 | | (e) (Blank).
|
| 22 | | (f) It is unlawful to use spears, gigs, hooks or any like |
| 23 | | device to
take any species protected by this Act.
|
| 24 | | (g) It is unlawful to use poisons, chemicals or explosives |
| 25 | | for the
purpose of taking any species protected by this Act.
|
|
| | HB2823 | - 8 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | (h) It is unlawful to hunt adjacent to or near any peat, |
| 2 | | grass,
brush or other inflammable substance when it is burning.
|
| 3 | | (i) It is unlawful to take, pursue or intentionally harass |
| 4 | | or disturb
in any manner any wild birds or mammals by use or |
| 5 | | aid of any vehicle or
conveyance, except as permitted by the |
| 6 | | Code of Federal Regulations for the
taking of waterfowl. It is |
| 7 | | also unlawful to use the lights of any vehicle
or conveyance or |
| 8 | | any light from or any light connected to the
vehicle or |
| 9 | | conveyance in any area where wildlife may be found except in
|
| 10 | | accordance with Section 2.37 of this Act; however, nothing in |
| 11 | | this
Section shall prohibit the normal use of headlamps for the |
| 12 | | purpose of driving
upon a roadway. Striped skunk, opossum, red |
| 13 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during |
| 14 | | the open season by use of a small
light which is worn on the |
| 15 | | body or hand-held by a person on foot and not in any
vehicle.
|
| 16 | | (j) It is unlawful to use any shotgun larger than 10 gauge |
| 17 | | while
taking or attempting to take any of the species protected |
| 18 | | by this Act.
|
| 19 | | (k) It is unlawful to use or possess in the field any |
| 20 | | shotgun shell loaded
with a shot size larger than lead BB or |
| 21 | | steel T (.20 diameter) when taking or
attempting to take any |
| 22 | | species of wild game mammals (excluding white-tailed
deer), |
| 23 | | wild game birds, migratory waterfowl or migratory game birds |
| 24 | | protected
by this Act, except white-tailed deer as provided for |
| 25 | | in Section 2.26 and other
species as provided for by subsection |
| 26 | | (l) or administrative rule.
|
|
| | HB2823 | - 9 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | (l) It is unlawful to take any species of wild game, except
|
| 2 | | white-tailed deer and fur-bearing mammals, with a shotgun |
| 3 | | loaded with slugs unless otherwise
provided for by |
| 4 | | administrative rule.
|
| 5 | | (m) It is unlawful to use any shotgun capable of holding |
| 6 | | more than 3
shells in the magazine or chamber combined, except |
| 7 | | on game breeding and
hunting preserve areas licensed under |
| 8 | | Section 3.27 and except as permitted by
the Code of Federal |
| 9 | | Regulations for the taking of waterfowl. If the shotgun
is |
| 10 | | capable of holding more than 3 shells, it shall, while being |
| 11 | | used on an
area other than a game breeding and shooting |
| 12 | | preserve area licensed
pursuant to Section 3.27, be fitted with |
| 13 | | a one piece plug that is
irremovable without dismantling the |
| 14 | | shotgun or otherwise altered to
render it incapable of holding |
| 15 | | more than 3 shells in the magazine and
chamber, combined.
|
| 16 | | (n) It is unlawful for any person, except persons who |
| 17 | | possess a permit to
hunt from a vehicle as provided in this |
| 18 | | Section and persons otherwise permitted
by law, to have or |
| 19 | | carry any gun in or on any vehicle, conveyance or aircraft,
|
| 20 | | unless such gun is unloaded and enclosed in a case, except that |
| 21 | | at field trials
authorized by Section 2.34 of this Act, |
| 22 | | unloaded guns or guns loaded with blank
cartridges only, may be |
| 23 | | carried on horseback while not contained in a case, or
to have |
| 24 | | or carry any bow or arrow device in or on any vehicle unless |
| 25 | | such bow
or arrow device is unstrung or enclosed in a case, or |
| 26 | | otherwise made
inoperable unless in accordance with the Firearm |
|
| | HB2823 | - 10 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | Concealed Carry Act.
|
| 2 | | (o) It is unlawful to use any crossbow for the purpose of |
| 3 | | taking any
wild birds or mammals, except as provided for in |
| 4 | | Section 2.5.
|
| 5 | | (p) It is unlawful to take game birds, migratory game birds |
| 6 | | or
migratory waterfowl with a rifle, pistol, revolver or |
| 7 | | airgun.
|
| 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.
|
| 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.
|
| 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.
|
| 17 | | (t) It is unlawful for any person to take or attempt to |
| 18 | | take any species of wildlife or parts thereof, intentionally or |
| 19 | | 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) |
|
| | HB2823 | - 11 - | LRB100 08894 SLF 19037 b |
|
|
|
| 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 the |
| 10 | | hearsay rule when offered for the purpose of showing the
|
| 11 | | required notice.
|
| 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, hunting |
| 18 | | with dog and shotgun using shot
shells only, or hunting with |
| 19 | | shotgun using shot shells only, or providing outfitting |
| 20 | | services under a waterfowl outfitter permit, or
on licensed |
| 21 | | game breeding and hunting preserve areas, as defined in Section
|
| 22 | | 3.27, on
federally owned and managed lands and on Department |
| 23 | | owned, managed, leased, or
controlled lands, a 100 yard |
| 24 | | restriction shall apply.
|
| 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 |
|
| | HB2823 | - 12 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | owned by another person without
written authorization of the |
| 2 | | owner to do so.
|
| 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 tracking |
| 6 | | of wounded deer with a dog in accordance with the provisions of |
| 7 | | Section 2.26 of this Code.
|
| 8 | | (x) It is unlawful for any person to wantonly or carelessly |
| 9 | | injure
or destroy, in any manner whatsoever, any real or |
| 10 | | personal property on
the land of another while engaged in |
| 11 | | hunting or trapping thereon.
|
| 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.
|
| 17 | | (z) It is unlawful to take any game bird (excluding wild |
| 18 | | turkeys and
crippled pheasants not capable of normal flight and |
| 19 | | otherwise irretrievable)
protected by this Act when not flying. |
| 20 | | Nothing in this Section shall prohibit
a person from carrying |
| 21 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a |
| 22 | | crippled migratory waterfowl that is incapable of normal |
| 23 | | flight, for the
purpose of attempting to reduce the migratory |
| 24 | | waterfowl to possession, provided
that the attempt is made |
| 25 | | immediately upon downing the migratory waterfowl and
is done |
| 26 | | within 400 yards of the blind from which the migratory |
|
| | HB2823 | - 13 - | LRB100 08894 SLF 19037 b |
|
|
|
| 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
|
| 5 | | shotgun shells as regulated in subsection (k) of this Section.
|
| 6 | | (aa) It is unlawful to use or possess any device that may |
| 7 | | be used for
tree climbing or cutting, while hunting fur-bearing |
| 8 | | mammals, excluding coyotes.
|
| 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.
|
| 14 | | (cc) It is unlawful for any person to have in his or her
|
| 15 | | possession any freshly killed species protected by this Act |
| 16 | | during the season
closed for taking.
|
| 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.
|
| 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.
|
| 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 |
|
| | HB2823 | - 14 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | upper outer garment of a solid blaze orange color, with
such |
| 2 | | articles of clothing displaying a minimum of 400 square inches |
| 3 | | of
blaze orange material.
|
| 4 | | (gg) It is unlawful during the upland game season for any |
| 5 | | person to take
upland game with a firearm unless he or she |
| 6 | | wears, while in the field, a
cap of solid blaze orange color. |
| 7 | | For purposes of this Act, upland game is
defined as Bobwhite |
| 8 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
|
| 9 | | Cottontail and Swamp Rabbit.
|
| 10 | | (hh) It shall be unlawful to kill or cripple any species |
| 11 | | protected by
this Act for which there is a bag limit without |
| 12 | | making a reasonable
effort to retrieve such species and include |
| 13 | | such in the bag limit. It shall be unlawful for any person |
| 14 | | having control over harvested game mammals, game birds, or |
| 15 | | migratory game birds for which there is a bag limit to wantonly |
| 16 | | waste or destroy the usable meat of the game, except this shall |
| 17 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this |
| 18 | | Code. For purposes of this subsection, "usable meat" means the |
| 19 | | breast meat of a game bird or migratory game bird and the hind |
| 20 | | ham and front shoulders of a game mammal. It shall be unlawful |
| 21 | | for any person to place, leave, dump, or abandon a wildlife |
| 22 | | carcass or parts of it along or upon a public right-of-way or |
| 23 | | highway or on public or private property, including a waterway |
| 24 | | or stream, without the permission of the owner or tenant. It |
| 25 | | shall not be unlawful to discard game meat that is determined |
| 26 | | to be unfit for human consumption.
|
|
| | HB2823 | - 15 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | (ii) This Section shall apply only to those species |
| 2 | | protected by this
Act taken within the State. Any species or |
| 3 | | any parts thereof, legally taken
in and transported from other |
| 4 | | states or countries, may be possessed
within the State, except |
| 5 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
|
| 6 | | (jj) (Blank).
|
| 7 | | (kk) Nothing contained in this Section shall prohibit the |
| 8 | | Director
from issuing permits to paraplegics or to other |
| 9 | | persons with disabilities who meet the
requirements set forth |
| 10 | | in administrative rule to shoot or hunt from a vehicle
as |
| 11 | | provided by that rule, provided that such is otherwise in |
| 12 | | accord with this
Act.
|
| 13 | | (ll) Nothing contained in this Act shall prohibit the |
| 14 | | taking of aquatic
life protected by the Fish and Aquatic Life |
| 15 | | Code or birds and mammals
protected by this Act, except deer |
| 16 | | and fur-bearing mammals, from a boat not
camouflaged or |
| 17 | | disguised to alter its identity or to further provide a place
|
| 18 | | of concealment and not propelled by sail or mechanical power. |
| 19 | | However, only
shotguns not larger than 10 gauge nor smaller |
| 20 | | than .410 bore loaded with not
more than 3 shells of a shot |
| 21 | | size no larger than lead BB or steel T (.20
diameter) may be |
| 22 | | used to take species protected by this Act.
|
| 23 | | (mm) Nothing contained in this Act shall prohibit the use |
| 24 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
| 25 | | gauge, with a rifled barrel.
|
| 26 | | (nn) It shall be unlawful to possess any species of |
|
| | HB2823 | - 16 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | wildlife or wildlife parts taken unlawfully in Illinois, any |
| 2 | | other state, or any other country, whether or not the wildlife |
| 3 | | or wildlife parts is indigenous to Illinois. For the purposes |
| 4 | | of this subsection, the statute of limitations for unlawful |
| 5 | | possession of wildlife or wildlife parts shall not cease until |
| 6 | | 2 years after the possession has permanently ended. |
| 7 | | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, |
| 8 | | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, |
| 9 | | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, |
| 10 | | eff. 7-28-16.)
|
| 11 | | (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
|
| 12 | | Sec. 2.34. Dog Trials.
|
| 13 | | (a) Dogs of any breed may be trained the year round in |
| 14 | | accordance with the
provisions of this Act.
|
| 15 | | (b) During the periods of time when it is unlawful to take |
| 16 | | species protected
by this Act, the only firearms which shall be |
| 17 | | used in the training of
dogs from sunrise to sunset shall be |
| 18 | | pistols with blank cartridges. No
other gun or ammunition may |
| 19 | | be in immediate possession during this time.
No person or |
| 20 | | persons in, along with, or accompanying the dog training
party, |
| 21 | | shall be in possession of any firearm or live ammunition, |
| 22 | | except
pistols capable of firing only blank cartridges during |
| 23 | | the hours from
sunset to sunrise. All organized field trials or |
| 24 | | training grounds approved by
the Department shall be exempt |
| 25 | | from this provision unless in accordance with the Firearm |
|
| | HB2823 | - 17 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | Concealed Carry Act.
|
| 2 | | (c) No field trial shall be held without a permit from the
|
| 3 | | Department.
|
| 4 | | The following Department areas shall be designated as |
| 5 | | horseback field
trial sites; Lee County Conservation Area, Des |
| 6 | | Plaines Conservation Area,
Moraine View State Park, Middle Fork |
| 7 | | Fish and Wildlife Area, Hamilton
County Conservation Area, and |
| 8 | | Wayne Fitzgerrell State Park. The Department
shall provide and |
| 9 | | maintain quality wildlife habitat on these sites.
|
| 10 | | Field trials shall be scheduled only from September 1 |
| 11 | | through April 30
in the Northern Zone and September 1 through |
| 12 | | April 15 in the Southern Zone.
The Department maintains the |
| 13 | | authority to schedule and administer field
trials. The boundary |
| 14 | | between the Northern Zone and the Southern
Zone shall be U.S. |
| 15 | | Route 36. However, (i) if the opening date of the field
trial |
| 16 | | season falls on Sunday, the season will begin on Saturday of |
| 17 | | that
weekend; and (ii) if the closing date of the field trial |
| 18 | | season falls on
Saturday, the season will conclude on Sunday of |
| 19 | | that weekend; and (iii) if
during the final days of the field |
| 20 | | trial season a field trial organization
begins a field trial |
| 21 | | which is subsequently interrupted due to inclement
weather, the |
| 22 | | field trial organization may complete the trial, subject to the
|
| 23 | | Department's approval, even though the field trial season has |
| 24 | | ended. The field
trial organization must complete the trial on |
| 25 | | the first possible day or days.
Field trials for the retrieving |
| 26 | | breeds are exempt from these field trials
season provisions and |
|
| | HB2823 | - 18 - | LRB100 08894 SLF 19037 b |
|
|
|
| 1 | | shall have no closed season.
|
| 2 | | The fee for field trials shall be established by the |
| 3 | | Department by rule.
|
| 4 | | (d) The Department is authorized to designate dog training
|
| 5 | | areas and to grant permits for all field trials including those |
| 6 | | field
trials where game birds reared under Section 3.23 are |
| 7 | | released and taken
in accordance with the rules and regulations |
| 8 | | set forth by the
Department. Applications for permits for such |
| 9 | | trials and training areas
shall be accompanied by detailed |
| 10 | | information as to the date and the location of
the grounds |
| 11 | | where such trial area or training grounds is located. |
| 12 | | Applicants
for field trial or dog training permits must have |
| 13 | | the consent of the
landowner prior to applying for such permit. |
| 14 | | Fees and other regulations
will be set by administrative rule.
|
| 15 | | (e) All permits for designated dog training areas shall |
| 16 | | expire March 31st of
each year.
|
| 17 | | (f) Permit holders for designated dog training areas must |
| 18 | | possess a wild
game breeder's permit or a game breeding and |
| 19 | | hunting preserve area permit and
may utilize live bird recall |
| 20 | | devices on such areas.
|
| 21 | | (g) Nothing shall prevent an individual from using a dog in |
| 22 | | the taking of
squirrel during the open season.
|
| 23 | | (h) All hand reared game released and shot at field trials |
| 24 | | shall
be properly identified with tags as provided for by this |
| 25 | | Act and such
birds shall be banded before they are removed from |
| 26 | | the field trial area.
|