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HB1486 Enrolled |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing |
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Sections 2.33 and 2.33a 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 |
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refuge unless otherwise permitted by administrative rule.
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(b) It is unlawful to use or possess any cable restraint
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snare or like
snare-like device,
deadfall, net, or pit trap to |
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take any species, except that cable restraints
snares not
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powered by springs, spring poles, or other mechanical devices |
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may be used to trap
fur-bearing mammals on land with written |
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permission from the land owner or tenant of the land , in water |
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sets only, if at least one-half of the snare
noose is located |
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underwater at all times.
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(c) It is unlawful for any person at any time to take a |
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wild mammal
protected by this Act from its den by means of any |
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mechanical device,
spade, or digging device or to use smoke or |
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other gases to dislodge or
remove such mammal except as |
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provided in Section 2.37.
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(d) It is unlawful to use a ferret or any other small |
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mammal which is
used in the same or similar manner for which |
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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 |
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device to
take any species protected by this Act.
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(g) It is unlawful to use poisons, chemicals or explosives |
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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, |
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grass,
brush or other inflammable substance when it is burning.
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(i) It is unlawful to take, pursue or intentionally harass |
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or disturb
in any manner any wild birds or mammals by use or |
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aid of any vehicle or
conveyance, except as permitted by the |
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Code of Federal Regulations for the
taking of waterfowl. It is |
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also unlawful to use the lights of any vehicle
or conveyance or |
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any light from or any light connected to the
vehicle or |
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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 |
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this
Section shall prohibit the normal use of headlamps for the |
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purpose of driving
upon a roadway. Striped skunk, opossum, red |
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fox, gray
fox, raccoon and coyote may be taken during the open |
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season by use of a small
light which is worn on the body or |
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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 |
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while
taking or attempting to take any of the species protected |
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by this Act.
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(k) It is unlawful to use or possess in the field any |
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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 |
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species of wild game mammals (excluding white-tailed
deer), |
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wild game birds, migratory waterfowl or migratory game birds |
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protected
by this Act, except white-tailed deer as provided for |
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in Section 2.26 and other
species as provided for by subsection |
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(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, with a shotgun loaded with slugs unless |
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otherwise
provided for by administrative rule.
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(m) It is unlawful to use any shotgun capable of holding |
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more than 3
shells in the magazine or chamber combined, except |
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on game breeding and
hunting preserve areas licensed under |
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Section 3.27 and except as permitted by
the Code of Federal |
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Regulations for the taking of waterfowl. If the shotgun
is |
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capable of holding more than 3 shells, it shall, while being |
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used on an
area other than a game breeding and shooting |
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preserve area licensed
pursuant to Section 3.27, be fitted with |
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a one piece plug that is
irremovable without dismantling the |
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shotgun or otherwise altered to
render it incapable of holding |
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more than 3 shells in the magazine and
chamber, combined.
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(n) It is unlawful for any person, except persons who |
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possess a permit to
hunt from a vehicle as provided in this |
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Section and persons otherwise permitted
by law, to have or |
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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, |
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unloaded guns or guns loaded with blank
cartridges only, may be |
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carried on horseback while not contained in a case, or
to have |
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or carry any bow or arrow device in or on any vehicle unless |
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such bow
or arrow device is unstrung or enclosed in a case, or |
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otherwise made
inoperable.
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(o) It is unlawful to use any crossbow for the purpose of |
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taking any
wild birds or mammals, except as provided for in |
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Section 2.33.
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(p) It is unlawful to take game birds, migratory game birds |
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or
migratory waterfowl with a rifle, pistol, revolver, or |
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airgun.
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(q) It is unlawful to fire a rifle, pistol, revolver or |
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airgun on,
over or into any waters of this State, including |
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frozen waters.
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(r) It is unlawful to discharge any gun or bow and arrow |
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device
along, upon, across, or from any public right-of-way or |
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highway in this State.
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(s) It is unlawful to use a silencer or other device to |
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muffle or
mute the sound of the explosion or report resulting |
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from the firing of
any gun.
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(t) It is unlawful for any person to trap or hunt, or allow |
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a dog to
hunt, within or upon the land of another, or upon |
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waters flowing over or
standing on the land of another, without |
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first obtaining permission from
the owner or tenant. It shall |
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be prima facie evidence that a person does
not have permission |
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of the owner or tenant if the person is unable to
demonstrate |
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to the law enforcement officer in the field that permission has
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had
been obtained. This provision may only be rebutted by |
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testimony of the
owner or tenant that permission had been |
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given. Before enforcing this
Section the law enforcement |
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officer must have received notice from the
owner or tenant of a |
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violation of this Section. Statements made to the
law |
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enforcement officer regarding this notice shall not be rendered
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inadmissible by the hearsay rule when offered for the purpose |
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of showing the
required notice.
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(u) It is unlawful for any person to discharge any firearm |
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for the purpose
of taking any of the species protected by this |
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Act, or hunt with dog
gun or gun
dog, or allow a dog to hunt, |
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within 300 yards of an inhabited dwelling without
first |
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obtaining permission from the owner or tenant, except that |
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while
trapping, hunting with bow and arrow, hunting with dog |
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and shotgun using shot
shells only, or hunting with shotgun |
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using shot shells only, or
on licensed game breeding and |
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hunting preserve areas, as defined in Section
3.27, on property |
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operated under a Migratory Waterfowl Hunting Area Permit, on
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federally owned and managed lands and on Department owned, |
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managed, leased or
controlled lands, a 100 yard restriction |
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shall apply.
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(v) It is unlawful for any person to remove fur-bearing |
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mammals from, or
to move or disturb in any manner, the traps or |
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cable restraints owned by another person without
written |
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authorization of the owner to do so.
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(w) It is unlawful for any owner of a dog to knowingly or |
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wantonly allow
his or her dog to pursue, harass or kill deer, |
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except that nothing in this Section shall prohibit the tracking |
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of wounded deer with a dog in accordance with the provisions of |
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Section 2.26 of this Code.
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(x) It is unlawful for any person to wantonly or carelessly |
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injure
or destroy, in any manner whatsoever, any real or |
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personal property on
the land of another while engaged in |
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hunting or trapping on that land
thereon.
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(y) It is unlawful to hunt wild game protected by this Act |
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between one
half hour after sunset and one half hour before |
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sunrise, except that
hunting hours between one half hour after |
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sunset and one half hour
before sunrise may be established by |
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administrative rule for fur-bearing
mammals.
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(z) It is unlawful to take any game bird (excluding wild |
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turkeys and
crippled pheasants not capable of normal flight and |
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otherwise irretrievable)
protected by this Act when not flying. |
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Nothing in this Section shall prohibit
a person from carrying |
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an uncased, unloaded shotgun in a boat, while in pursuit
of a |
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crippled migratory waterfowl that is incapable of normal |
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flight, for the
purpose of attempting to reduce the migratory |
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waterfowl to possession, provided
that the attempt is made |
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immediately upon downing the migratory waterfowl and
is done |
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within 400 yards of the blind from which the migratory |
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waterfowl was
downed. This exception shall apply only to |
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migratory game birds that are not
capable of normal flight. |
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Migratory waterfowl that are crippled may be taken
only with a |
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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 |
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be used for
tree climbing or cutting, while hunting fur-bearing |
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mammals.
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(bb) It is unlawful for any person, except licensed game |
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breeders,
pursuant to Section 2.29 to import, carry into, or |
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possess alive in this
State any species of wildlife taken |
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outside of this State, without
obtaining permission to do so |
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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 |
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during the season
closed for taking.
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(dd) It is unlawful to take any species protected by this |
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Act and retain
it alive.
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(ee) It is unlawful to possess any rifle while in the field |
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during gun
deer season except as provided in Section 2.26 and |
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administrative rules.
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(ff) It is unlawful for any person to take any species |
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protected by
this Act, except migratory waterfowl, during the |
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gun deer hunting season in
those counties open to gun deer |
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hunting, unless he or she wears, when in
the field, a cap and |
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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 |
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of
blaze orange material.
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(gg) It is unlawful during the upland game season for any |
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person to take
upland game with a firearm unless he or she |
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wears, while in the field, a
cap of solid blaze orange color. |
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For purposes of this Act, upland game is
defined as Bobwhite |
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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 |
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protected by
this Act for which there is a daily bag limit |
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without making a reasonable
effort to retrieve such species and |
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include such in the daily bag limit.
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(ii) This Section shall apply only to those species |
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protected by this
Act taken within the State. Any species or |
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any parts thereof, legally taken
in and transported from other |
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states or countries, may be possessed
within the State, except |
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as provided in this Section and Sections 2.35, 2.36
and 3.21.
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(jj) Nothing contained in this Section shall prohibit the |
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use of bow
and arrow, or prevent the Director from issuing |
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permits to use a crossbow
to handicapped persons as provided by |
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administrative rule. As used herein,
"handicapped persons" |
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means those persons who have a permanent physical
impairment |
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due to injury or disease, congenital or acquired, which renders
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them so severely disabled as to be unable to use a conventional |
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bow and arrow
device. Permits will be issued only after the |
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receipt of a physician's
statement confirming the applicant is |
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handicapped as defined above.
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(kk) Nothing contained in this Section shall prohibit the |
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Director
from issuing permits to paraplegics or to other |
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disabled persons who meet the
requirements set forth in |
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administrative rule to shoot or hunt from a vehicle
as provided |
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by that rule, provided that such is otherwise in accord with |
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this
Act.
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(ll) Nothing contained in this Act shall prohibit the |
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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 |
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and fur-bearing mammals, from a boat not
camouflaged or |
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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. |
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However, only
shotguns not larger than 10 gauge nor smaller |
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than .410 bore loaded with not
more than 3 shells of a shot |
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size no larger than lead BB or steel T (.20
diameter) may be |
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used to take species protected by this Act.
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(mm) Nothing contained in this Act shall prohibit the use |
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of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
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gauge, with a rifled barrel.
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Nothing contained in this Act shall prohibit the use of |
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locking type cable restraints for use in water trapping. |
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Written permission of the owner of the land over which the |
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water is standing or flowing is not required for water sets.
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(Source: P.A. 92-325, eff. 8-9-01; 92-651, eff. 7-11-02; |
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93-807, eff. 7-24-04.)
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(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
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Sec. 2.33a. Unlawful trapping.
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(a) It is unlawful to fail to visit and remove all animals
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from traps and cable restraints staked out, set, used, tended, |
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placed or maintained at least
once each calendar day.
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(b) It is unlawful for any person to place, set, use, or |
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maintain a
leghold trap or one of similar construction on land, |
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that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or |
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a body-gripping trap or one of
similar construction having a |
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jaw spread larger than 7 inches (17.8 CM) on
a side if square |
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and 8 inches (20.4 CM) if round;
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(c) It is unlawful for any person to place, set, use, or |
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maintain a
leghold trap or one of similar construction in |
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water, that has a jaw spread
of larger than 7 1/2 inches (19.1 |
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CM), or a body-gripping trap or one of
similar construction |
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having a jaw spread larger than 10 inches (25.4 CM) on
a side |
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if square and 12 inches (30.5 CM) if round;
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(d) It is unlawful to use any trap with saw-toothed, |
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spiked, or toothed jaws;
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(e) It is unlawful to destroy, disturb or in any manner |
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interfere with
dams, lodges, burrows or feed beds of beaver |
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while trapping for beaver or
to set a trap inside a muskrat |
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house or beaver lodge, except that this shall
not apply to |
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Drainage Districts who are acting pursuant to the provisions
of |
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Section 2.37;
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(f) It is unlawful to trap beaver with: (1) a leghold trap |
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or one of similar
construction having a jaw spread of less than |
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5 1/2 inches (13.9 CM) or
more than 7 1/2 inches (19.1 CM), or |
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(2) a body-gripping trap or one of
similar construction having |
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a jaw spread of less than 7 inches (17.7 CM) or
more than 10 |
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inches (25.4 CM) on a side if square and 12 inches (30.5 CM) if
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round, except that these restrictions shall not apply during
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the open season for trapping muskrats;
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(g) It is unlawful to set traps closer than 10 feet (3.05 |
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M) from any
hole or den which may be occupied by a game mammal |
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or fur-bearing mammal
except that this restriction shall not |
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apply to water sets.
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(h) It is unlawful to trap or attempt to trap any |
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fur-bearing mammal
with any colony, cage, box, or stove-pipe |
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trap designed to take more than one
mammal at a single setting.
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(i) It is unlawful for any person to set or place any trap |
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or cable restraint designed to
take any fur-bearing mammal |
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protected by this Act during the closed
trapping season. Proof |
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that any trap or cable restraint was placed during the closed |
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trapping
season shall be deemed prima facie evidence of a |
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violation of this provision.
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(j) It is unlawful to place, set, or maintain any leghold |
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trap or one of
similar construction within thirty (30) feet |
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(9.14 m) of bait placed in
such a manner or position that it is |
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not completely covered and concealed
from sight, except that |
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this shall not apply to underwater sets. Bait shall
mean and |
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include any bait composed of mammal, bird, or fish flesh, fur,
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hide, entrails or feathers.
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(k) It shall be unlawful for hunters or trappers to have |
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the green hides
of fur-bearing mammals, protected by this Act, |
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in their possession except
during the open season and for an |
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additional period of 10 days succeeding
such open season.
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(l) It is unlawful for any person to place, set, use, or |
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maintain a
cable restraint
snare trap or one of similar |
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construction in water, that has a loop
diameter exceeding 15 |
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inches (38.1 CM) or a cable or wire diameter of more
than 1/8 |
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inch (3.2 MM) or less than 5/64 inch (2.0 MM), that is |
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constructed
of stainless steel metal cable or wire, and that |
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does not have a mechanical
lock, anchor swivel and stop device |
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to prevent the mechanical lock from
closing the noose loop to a |
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diameter of less than 2 1/2 inches (6.4 CM).
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(m) It is unlawful for any person to place, set, use, or |
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maintain on land a cable restraint or one of similar |
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construction that has a loop diameter exceeding 15 inches (38.1 |
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cm). It is unlawful for any person to place, set, or maintain |
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on land a cable restraint or one of similar construction that |
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does not have a relaxing mechanical lock, anchor swivel, and |
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stop device to prevent the relaxing mechanical lock from |
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closing the noose loop to a diameter of less than 2 1/2 inches |
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(6.4 cm).
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(n) It is unlawful for any person to place, set, use, or |
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maintain a cable restraint or one of similar construction that |
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would reach any fence when fully extended.
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(o) It is unlawful for any person to place, set, use or |
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maintain on land or in water a cable restraint that is attached |
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to a drag or a movable object. It is unlawful to set a cable |
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restraint on land without an in-line swivel between the cable |
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restraint lock and the end swivel at the point of fastening.
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(Source: P.A. 85-152; 86-1354.)
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Section 99. Effective date. This Act takes effect upon |
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becoming law.
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